AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF DEFENCE IN INTERNATIONAL LAW

Student: Marcus Ukwu Igwe
Supervisor: Prof A K Anya
HOD: Prof Joseph Nwazi
Department of Law
Law
Igbinedion University, Okada, Benin City, Edo State

Abstract

ABSTRACT This study offers a thorough analysis of the theory and practice of self-defense under international law, with an emphasis on its development over time, legal underpinnings, and current uses. Article 51 of the United Nations Charter establishes the concept of self-defense as a basic principle that enables states to defend their sovereignty against military attacks. However, because of shifting dynamics in global security, advances in technology, and new threats, this doctrine's interpretation and application have changed substantially. The study looks at the historical background of self-defense, following its development from customary international law to the formulation of the right in contemporary legal frameworks. It clarifies the boundaries and restrictions of legitimate self-defense by critically analysing important legal sources, such as the UN Charter, pertinent rulings from international courts, and state actions.The research finds areas of uncertainty and inconsistency in the implementation of self-defense under international law by analysing seminal instances and modern state actions. The study also evaluates how international organisations, including the International Court of Justice and the United Nations Security Council, influence and decide cases involving claims of self-defense. It draws attention to how geopolitical factors affect the application and interpretation of the right to self-defense, casting doubt on the impartiality and equity of international legal procedures. The study ends with suggestions for improving the coherence and clarity of the self-defense doctrine. It makes recommendations for legislative and policy changes meant to balance the need to preserve global peace and security with state security concerns. The report adds to the ongoing conversation about the future of self-defense under international law by addressing current issues and arguing for more specific legal norms. All things considered, this evaluation offers a critical and thorough analysis of the theory and practice of self-defense, providing insights into its intricacies and suggesting avenues for its development to better satisfy the demands of a shifting environment for global security. .

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