Limits Of Self-Defence In International Law With Specific Reference To The Modern-Day Use Of Force
- IJLLR Journal
- May 17
- 2 min read
Gayathri. U, Postgraduate, LLM – International Law and Organizations, Department of Legal Studies, University of Madras
ABSTRACT
Every state has an inherent right to defend itself from unlawful aggression or attack by another state or non-state actors. The concept of self-defence underwent a significant change after the 9/11 attack, where its application extended to terrorist attacks or non-state actors. Though this right is inherent, it has certain limitations that must be considered by the state exercising such self-defence, i.e. the Principles of Necessity and Proportionality. Only when the attack or aggression is of a high degree or the survival of the state is in jeopardy and there exist no other peaceful means to stop the threat and only when there exists a grave necessity, self-defence can be used. The use of force must be only to the extent of neutralizing the attack and must not cause excessive injury or damage than that was needed to repel the threat or armed attack. War cannot be prohibited and the death of civilians in war is inevitable. Due to the changing nature of conflicts and threats, it is of predominant importance that self-defence has to be studied with the present- day scenarios to analyze its legality and to what extent it can be used. This research analyzes the status and usage of self-defence in modern-day conflicts with specific reference to Non-State Actors and Cyber-attacks and it interprets the notion of limits fixed by international law on self-defence, and analyses whether such limitations be violated to protect the state’s own interest, its citizens, and territorial integrity.
Keywords: Self Defence, International Law, Modern Day Use of Force, Non-State Actors and Cyber Attacks.
