Exceeding the limit of the right to legal defence under international law

Section: RESEARCH
Issue
Vol. 22 No. 70 (2020): Volume 22 Issue 70
Published
Aug 4, 2025
Pages
260-289

Abstract

The United Nations Charter provides for the inherent right of collective or individual right to self-defence. This right has also been considered as a natural right in accordance with it a state has the right to engage in self-defence against an immediate threat. The right can be taken individually by a state facing an armed attack or by a collective action. However, to limit this right, Article 51 requires that a use of force must reach a certain gravity, and the use of this right is also linked to the necessity and proportionality criteria. Thus, if the degree of force used is objectively unreasonable and exceeds the harm expected from the attack, a defendant cannot legally claim self-defence. The aim of this paper will be to define what it means to "exceed the limits of legal defence", through analysing cases where the legitimate defence is not achieved, and that constitute a violation of international legal rules.

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Author

Faris Aldulaimy

Alnoor University

ORCID

Identifiers

https://doi.org/10.33899/alaw.2020.165264
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