ПРАВО ДРЖАВА НА УПОТРЕБУ СИЛЕ У САМООДБРАНИ И ЊЕГОВА ЗЛОУПОТРЕБА
THE RIGHT OF STATES TO USE FORCE IN SELF-DEFENSE AND ITS ABUSE

Author(s): Senad Ganić
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, International Law, International relations/trade, Security and defense, Military policy, Geopolitics
Published by: Институт за међународну политику и привреду
Keywords: right of states to use force in self-defense; United Nations Charter; international custom; abuse of the right to self-defense
Summary/Abstract: The right of a state to self-defense is one of the two, indisputably permitted ways of using force in international relations. In Article 51 of the Charter of the United Nations, this right is defined as an "innate right of states", which implies that it existed as such even before the Charter and that the content of this right is largely determined, not only by codified, but also by customary rules of international law. The inclusion of customary rules of international law as rules that, at least partially, determine the content of a state's right to self-defense necessarily raises a number of open questions. This is due to the uncertainty and specificity of international custom as a rule whose existence must be proven in each specific case. This again leads us into the field of numerous argumentative debates in which, not only do there be disagreements regarding the meaning and content of the right to self-defense, but also regarding the conditions that must be met in order for the exercise of this right to be in accordance with international law. In practice, this situation leads to the abuse of the right of a state to self-defense, which has far-reaching consequences for international relations. In this regard, we consider it extremely important not only to point out this problem, but also, to the extent possible, to try to contribute to its further clarification.

• Details
• Contents