From Caroline To Contemporary Conflicts: The Expanding Scope Of Self-Defence Under Article 51 Of The UN Charter In Modern International Law

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Devesh Kumar, Himachal Pradesh National Law University, Shimla

ABSTRACT

This research paper examines the law of self-defence as exercised by nation- states. It analyses the incorporation of self-defence under Article 51 of the United Nations Charter and traces its development from the Caroline incident to contemporary practice. The study further assesses the role of the International Court of Justice in shaping the effectiveness of self-defence provisions. The objective is to demonstrate that the absence of a precise definition of self-defence has led to varied interpretations by states. A comparative analysis of legal documents is employed to investigate the origins, characteristics, and complexities of self-defence law. The paper reviews the application of self-defence law, including the recent case of Operation Midnight Hammer, and advocates for a more clearly defined legal standard. The conclusion emphasises the increasing frequency of armed attacks justified as self-defence and underscores the necessity for comprehensive legal regulation.

Keywords: Self-Defence; Midnight Hammer; Caroline Doctrine; ICJ; U.N Charter; Article 51

FROM CAROLINE TO CONTEMPORARY CONFLICTS- THE EXPANDING SCOPE OF SELF-DEFENCE UNDER ARTICLE.

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