Collective Self-Defence in International Law

Collective self-defense is when states use military force to aid an innocent victim of armed attack, but it is open to abuse and risks escalating conflict. This book provides the most detailed account of collective self-defence to date, at a time when it is being invoked more than ever before.

Format: Hardback
Length: 388 pages
Publication date: 25 January 2024
Publisher: Cambridge University Press

Collective self-defense is the utilization of military force by one or more states to assist an innocent victim of an armed attack. While it provides a legal framework for intervention, it is susceptible to abuse and carries the risk of escalating conflicts. In recent years, there has been a significant surge in claims of collective self-defense, serving as the primary justification for US-led actions in Syria and Russia's involvement in Ukraine. Despite this, there has been limited scholarly analysis of collective self-defense in international law.

This book is a crucial contribution to the ongoing debate on fundamental and under-explored questions about collective self-defense. Author Green offers the most comprehensive and detailed account of collective self-defense to date, particularly in light of its increasing invocation in recent times.

Collective self-defense is based on the principle that an armed attack against one state automatically constitutes an attack against all states that are part of the United Nations (UN). This principle was established in the Charter of the UN and has been reaffirmed in various international legal instruments. However, the interpretation and application of collective self-defense have been subject to debate and controversy.

One of the key questions is whether the use of military force in collective self-defense is justified only when the victim state has exhausted all other means of self-defense. Some argue that the principle of proportionality should be applied, which requires that the response to the armed attack be proportionate to the threat posed. Others argue that the principle of necessity allows for preemptive self-defense even if the victim state has not yet exhausted all other options.

Another issue is the scope of collective self-defense. Some argue that it only applies to armed attacks that directly threaten the survival of the victim state. Others argue that it can extend to armed attacks that indirectly threaten the security of other states, such as those that support terrorism or undermine regional stability.

The requirements for exercising collective self-defense are also a matter of debate. Some argue that the victim state must have a legitimate defense obligation, such as the obligation to prevent genocide or ethnic cleansing. Others argue that the victim state must have requested assistance from the UN or other international organizations.

The use of military force in collective self-defense raises several ethical and legal considerations. One of the primary concerns is the risk of civilian casualties and the potential for unintended harm to non-combatants. Another concern is the potential for the escalation of conflict and the risk of creating a cycle of violence.

To address these concerns, states must adhere to certain principles and procedures when exercising collective self-defense. These include the principle of proportionality, which requires that the response to the armed attack be proportionate to the threat posed. The principle of necessity, which allows for preemptive self-defense even if the victim state has not yet exhausted all other options. The principle of distinction, which requires that military force

force be used only against military targets and not against civilian populations or infrastructure.

Collective self-defense is a complex and multifaceted concept that requires careful consideration and analysis. This book provides a valuable contribution to the ongoing debate on collective self-defense in international law and offers insights into the legal and ethical considerations associated with its exercise. It is essential for policymakers, scholars, and practitioners to engage with these issues to ensure that the use of military force in collective self-defense is conducted in a responsible and sustainable manner.

In conclusion, collective self-defense is a legal justification that allows states to use military force to aid an innocent victim of an armed attack. While it provides a framework for intervention, it is susceptible to abuse and carries the risk of escalating conflicts. This book is a crucial contribution to the ongoing debate on collective self-defense in international law and offers insights into the legal and ethical considerations associated with its exercise. It is essential for policymakers, scholars, and practitioners to engage with these issues to ensure that the use of military force in collective self-defense is conducted in a responsible and sustainable manner.

ISBN-13: 9781009406383