Julgeolekunõukogu roll enesekaitse teostamisel
The Role of the Security Council in the Exercise of Self-Defence

Summary/Abstract: The right of self-defence has always been considered an inherent right of states. The United Nations Charter reaffirms that right, but at the same time, imposes certain limitations. States may exercise self-defence until the Security Council has taken measures necessary to maintain international peace and security. The idea that the Security Council, a guardian of international peace and security, has a collective supervisory role over the exercise of self-defence is reasonable, but there are significant uncertainties. What are necessary measures? States have emphasised that they are not satisfied with condemnations or other soft reactions, but want effective action ending the aggression. Who decides whether the measures are effective? While third States accept that it is the Security Council who has the exclusive right to decide over the effectiveness, the victim States wish to retain ultimate control and the possibility to resume their exercise of self-defence if the Security Council is not able to repel the aggressor. In any case, States have an obligation to inform the Security Council of the measures taken in the exercise of self-defence. Such information is vital so that the Security Council can perform its duties, i.e. to assess the situation and to decide whether and how it should get involved. But what if the State fails to report its measures of self-defence? Does this mean that the State cannot classify its action as self-defence? The obligation to report is procedural in nature, i.e. to inform the Security Council of what is happening, and does not affect in itself the legality of the measures taken in self-defence.

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