MYCAPTAIN TASK

Article 51 of the Union Charter States that “Nothing in the present Charter shall impair the
inherit right of individual or collective self defence if an armed attack occurs against a member
of the United Nation, until the Security Council has taken measures necessary to maintain
international peace and security.” This article is considered to be vague because of the loopholes
which are present in it. It allows states to assert their right to self-defence without escalating a
conflict, while either side in a conflict may see the other as the aggressor acting beyond mere
self-defence; Article 51 is vague enough that neither side can prove the other has acted
offensively. This vagueness can cause a lot of trouble of necessary steps and precautions will not
take place. The following vagueness can be found in this particular Article:-

1. No proper definition of armed attack is provided in this section, a physical attack with
arms and forces or an attack through cyber crime both can be considered as armed attack.
2. “International peace and security”, several questions can be raised through this phrase. Is
the world at peace in the current scenario? Was the world not at peace during the world
wars? Meaning of International peace and security? And many more such questions can
be raised.
3. What is the meaning of “attack”? When a country attacks another country is it attack?
Spying on another country is attack? Taking out of internal information is attack?
4. No particular definition of “collective self-defence is provided”. What all actions can be
considered as collective self-defence? What can be the limit of self-defence? Etc.
5. “…until the Security Council has taken measures necessary to maintain international
peace and security” in this phrase what happen if the Security Council will not take any
action? What of the council takes the measure but are not sufficient as compared to the
loss suffered by a nation?

Because of so many loopholes and vagueness and some others as well, we can say that the
Article 51 of the Union Charter can be misused. In the case of 9/11 attack, importance was
given to “self-defence”, the importance of self defence increased after this case. The United
Nation Security Council had decided the following;

“States shall take necessary steps to prevent the commission of terrorist acts, including by
provision of early warning to other states by exchange of information.” “Sates shall
cooperate with each other, particularly through bilateral and multilateral arrangements and
agreements, in order to prevent and suppress terrorist attacks and take action against
perpetrators of such acts.”
R2P or Responsibility to Protect is a norm to recast the issue in terms of responsibility and
protection rather than of the right intervene. During the 2005 United Nation World Summit,
the understanding of R2P was narrowed and it stated that each individual state had the
responsibility to protect its population from genocide, war crimes, ethnic cleansing, and
crime againsthumanity.