This piece was reprinted by OpEd News with permission or license. It may not be reproduced in any form without permission or license from the source.
International Law on Self-Defense and External Intervention - Humanitarian or Otherwise
International law authorizes Gaddafi to respond in self-defense. Article 51 of the UN Charter's Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression" states:
"Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security."
In other words, self-defense is permissible. Moreover, the UN Charter explains under what conditions intervention, violence and coercion (by one state against another) are justified. Article 2(3) and Article 33(1) require peaceful settlement of international disputes. Article 2(4) prohibits force or its threatened use, including no-fly zones that are acts of war.
In addition, Articles 2(3), 2(4), and 33 absolutely prohibit any unilateral or other external threat or use of force not specifically allowed under Article 51 or otherwise authorized by the Security Council.
Three General Assembly resolutions also prohibit non-consensual belligerent intervention, including:
-- the 1965 Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty;
-- the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations; and
Next Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).