A critique of the inadequacies of international law rules on self-defense in context of contemporary national peace and security

Abstract

Self defence in international disputes is a politically sensitive and legally undetermined topic. Unquestionably one of the most hotly contested issues in both international law and international relations is self defence. Indeed, the rules concerning the use of force form a central part of the international intercourse and successful co-existence of states. Therefore, it is not surprising that it constitutes a highly controversial issue. There have been various critical debates about the legality of military interventions in a number of instances i.e., Korea, Vietnam, Nicaragua, Uganda, Palestine, Afghanistan, Yugoslavia, Iraq, Libya, Syria and now Ukraine among others. A general assessment of the numerous books and articles dedicated to this piece of research reveal a deep ambivalence. Sufficed to note that no state contests that the use of force is strictly forbidden in contemporary international law. This prohibition is recognized as a core rule of the law of nations, and even a rule of imperative international law (Jus Cogen). The only exceptions permitted under the United Nations Charter are; the use of force in self defence and when authorized by the United Nations Security Council (UNSC) for purpose of protecting international peace and security. The other exception is Humanitarian Intervention. However, states have continued to use force not in self defence and without UNSC authorization. This makes the law on use of force by states a poor restraint and weak in the face of state power. This thesis demonstrates an analysis of self defence and the inadequacies of the legal framework in light of contemporary national peace and security use of force as a mean of solving international disputes. The paper discusses what amounts to force, the prohibition of force, and the exceptions to this general rule. Herein the paper shall show the inadequacies in the current framework in light of contemporary security threats as well as give reforms and recommendations.