'Armed Attack' and Article 51 of the UN Charter: Evolutions in Customary Law and Practice

Front Cover
Cambridge University Press, Nov 25, 2010 - Law
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
 

Contents

Introduction
1
1 The methodological debate and the quest for custom
6
2 Armed attack and other conditions of selfdefence
53
3 The armed attack requirement ratione materiae
126
4 The armed attack requirement ratione temporis
250
5 The armed attack requirement ratione personae
368
6 What future for the armed attack criterion?
511
Index
551
Copyright

Other editions - View all

Common terms and phrases

About the author (2010)

Dr Tom Ruys is a lawyer with Stibbe, Brussels, and a senior member of the Leuven Centre for Global Governance Studies. He also teaches public international law and humanitarian and security law as a substitute lecturer at the Catholic University of Leuven.

Bibliographic information