SELF DEFENCE

International law

GROUP 2 - IRE
GROUP 2 :

1. Dea Almira
2. Intan Nabila
3. Sabrina
4. Vira
5. Zanzabilla

GROUP 2 - IRE
 DEFINITION THEORETICAL REVIEW

PESD
(PRE-EMPTIVE SELF DEFENCE) CASE
 what's self defence at
international law?

Self-defense is a right of self-

empathy granted by the UN
Security Council as stipulated
in Article 51 of the UN Charter.
 self-defence
International law recognizes the right to self-defense, as affirmed by the International Court of
Justice (ICJ) in the Nicaragua Case on the use of force. Some commentators believe that the
effect of Article 51 is only to defend this right in the event of an armed attack, and that other
acts of self-defense are prohibited by article 2 more widely held The opinion is that article 51
recognizes this general right, and begins to establish procedures for certain situations when
armed attacks do occur. Under the latter interpretation, the use of legitimate self-defense in
situations where an armed attack did not actually occur is still permitted. Not every act of
violence constitutes an armed attack. The ICJ has tried to explain, in the case of Nicaragua,
what level of force is needed to qualify as an armed attack.
Theoretical Review
Regulations regarding the right to self-defense in
international law are found in customary
international law and international treaty law.
After caroline case 1837, the conditions for the
exercise of the state's martial arts rights
recognized by international customary law were :

1. Necessity
2. Imminence / Immediacy
3. Proportionality
Necessity
Necessity is a fundamental principle
when assessing the restriction of
fundamental rights, such as the right to
the protection of personal data.
Proportionality
Proportionality is a general principle of EU
law. It restricts authorities in the exercise of
their powers by requiring them to strike a
balance between the means used and the
intended aim. In the context of fundamental
rights, such as the right to the protection of
personal data, proportionality is key for any
limitation on these rights.
PRE-EMPTIVE SELF DEFENCE
PESD becomes controversy because its
legality under international law
particularly in Article 51 of the UN
Charter does not set any explicit
reference to this action. The academics
differently interpret the contents of the
chapter, some academics legalize
preemptive and others regard it as an act
that violates international law because it
do not fulfill two conditions the right of
defense permissible.
CASE
America's Attack on Syria and International Law

An alliance of US, British and French forces launched on

April 13, 2018 on three targets including two facilities
suspected of being sites for developing chemical weapons
on Syrian territory. The domestic public and the
international community were divided in response to the
attack.
THANK YOU