EXAMINING THE INTERNATIONAL LAW RIGHT OF SELF-DEFENCE: THE CASE OF RUSSIA AND GEORGIA; ISRAEL AND GAZA

Abstract

Article 2(4) of the UN Charter establishes the doctrine of the prohibition of the use of force amongst member states of the UN. Article 51 lays down exceptions to this rule in terms of the fact that there can be an individual and/or collective use of force in self-defence in the case of an armed attack. This individual or collective use of force is permitted to continue until such a time as the Security Council takes such actions as are necessary for the maintenance of international peace and security. The International Court of Justice (ICJ) has further confirmed this prohibition of the use of force in the Nicaragua case, Congo v Uganda and Oil Platforms cases. This area of
international law has seen a lot of discussions and developments over the years. The purpose of this article is to examine the efficacy of the use of force between Russia and Georgia; and Israel and Gaza in 2008. It would be examined if these armed attacks are justifiable by the doctrine of self-defence and the recent developments in the field in international law, or if they in fact constitute a breach of the international law prohibition on the use of force.