The Institution of the Right to State Self-defence in the State Security System

Objectives The aim of the study was to provide an answer as to whether, on the basis of the provisions of the Charter of the UN, the states associated with the UN have sufficient legal provisions to conduct self-defence in the event of an armed attack directed by another state or multiple states. Methods Critical analysis and synthesis of legal documents and research literature resulting in conclusions. Key book positions as well as academic articles, domestic and foreign, were analysed. Results The result of this study is the thesis that Article 51 of the UN Charter, despite its generality, allows, from a legal point of view, any State to act in self-defence, even in situations not envisaged in the in the Charter. However, given the current security situation, a discussion and reflection on this institution of law is needed in order to be prepared to apply it in the face of threats such as hybrid, cyber or conducting operations in the space domain. Conclusions The right to self-defence should be counted among the pillars of international security comprising the security system of each state. Thanks to this institution, the state subject is equipped with the legal attribute of being able to use armed force in international relations. However, it is beyond dispute that the legal construction of self-defence has been used in a way that deviates from the noble ideals of the Charter through the declaration of the Russian Federation on acting in self-defence in order to 'legalise' an armed attack on Ukraine.

Authors

Institutions

Publication Details

Journal
Przegląd Nauk o Obronności
Published
2024-09-20
DOI
https://doi.org/10.37055/pno/193530
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Institution of the Right to State Self-defence in the State Security System

Tomasz Stelmach, Mirosław Kamiński
Przegląd Nauk o Obronności
International Law and Human Rights
article

The Institution of the Right to State Self-defence in the State Security System

Tomasz Stelmach, Mirosław Kamiński
article en

Abstract

Objectives The aim of the study was to provide an answer as to whether, on the basis of the provisions of the Charter of the UN, the states associated with the UN have sufficient legal provisions to conduct self-defence in the event of an armed attack directed by another state or multiple states. Methods Critical analysis and synthesis of legal documents and research literature resulting in conclusions. Key book positions as well as academic articles, domestic and foreign, were analysed. Results The result of this study is the thesis that Article 51 of the UN Charter, despite its generality, allows, from a legal point of view, any State to act in self-defence, even in situations not envisaged in the in the Charter. However, given the current security situation, a discussion and reflection on this institution of law is needed in order to be prepared to apply it in the face of threats such as hybrid, cyber or conducting operations in the space domain. Conclusions The right to self-defence should be counted among the pillars of international security comprising the security system of each state. Thanks to this institution, the state subject is equipped with the legal attribute of being able to use armed force in international relations. However, it is beyond dispute that the legal construction of self-defence has been used in a way that deviates from the noble ideals of the Charter through the declaration of the Russian Federation on acting in self-defence in order to 'legalise' an armed attack on Ukraine.

Przegląd Nauk o Obronności(19)
Polish Air Force Academy (PL), Military University of Technology in Warsaw (PL)
Openalex Percentile: Top 75%
International Law and Human Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.