Nikaragua Divan Kararları Işığında Kuvvet Kullanma ve Meşru Müdafaa Sorunu
Problem of Use of Force and Self Defence in the Light of the Nicaragua Court Decisions

Summary/Abstract: According to Article 51 of UN Treaty, states’ right to use force in the face of an attack within the framework of self-defense is recognized in international law. In Nicaragua Case that was conducted based on BM Treaty, the scope of self-defense was interpreted differently by International Court of Justice and the situations in which states gain the right to self-defense against “armed attack” were determined. The USA after-9/11 Bush Doctrine that came up with the so-called struggle against terrorism and weapons of mass destruction and made it easier to use force, differs both from Nicaragua Court decisions and UN Treaty, and it shows to what extent the rule of law could be stretched and capitalized on to the benefits of powerful states.

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