Self-Defense in International Law: The Relation Between Ambiguity and the Unlawful Use of Force
Abstract: The rules governing the international legal right to self-defense have long been debated, particularly regarding the permissiveness of justification for uses of force. In recent years, various international conflicts have highlighted the need for clearer guidelines, sparking further debate among scholars. This paper investigates whether the current rules on self-defense are too permissive, leading to potential misuses in conflicts, and explores ways to mitigate these issues to prevent unwarranted use of force. It also considers how different factors complicate the application of these rules in practice. Through the study of literature and real-world cases, this paper underscores the importance of international cooperation and expansion of existing measures in strengthening the legal framework governing self-defense. Finally, it recommends the drafting of a new treaty and the refinement of existing customary law in attempt to precisely define the conditions under which self-defense can be invoked, thereby reducing the risk of its exploitation.
Authors
- Kai Li (ORCID: https://orcid.org/0000-0002-9592-2416)
Publication Details
- Journal
- Lecture Notes in Education Psychology and Public Media
- Published
- 2024-11-15
- DOI
- https://doi.org/10.54254/2753-7048/69/20240141
- Primary Topic
- International Law and Human Rights
- Type
- article
- Field-Weighted Citation Impact
- 0.00