Skip to Main content Skip to Navigation
Theses

Les nations unies et le droit de légitime défense

Abstract : Self-defence, recognised by article 51 of the Charter of the United Nations, is considered as a primary rule of International Law. It is a right, granted to a State that is victim of an armed attack. It ensues from the general interdiction of the use of force, laid down in article 2§4. The analysis shows that the excesses of the right of self-defence result from a double deficiency. First of all from a lack of effectivity; the right of self-defence is diverted in its application and distorted in its interpretation. States often refer to it in order to legally base a use of force contrary to the Charter. The recent events linked to the fight against terrorism enable some of them to read article 51 over and to enlarge its scope. From a lack of efficiency in the second place; the right of self-defence relies admittedly on conditions in its implementation, but it is still not controlled much. The ICJ identified the conventional and customary conditions of its use. Furthermore, International Law has various tools at its disposal to control the self-defence acts, as well in the framework of the common law of international responsibility, as in this of collective security, via the Security Council or the operations of peace maintenance. These mechanisms enable to commit the responsibility of States, but also of individuals. However, in practice, important deficiencies are revealed and the necessary question of a reform of the Charter is raised.
Document type :
Theses
Domain :
Complete list of metadatas

Cited literature [19 references]  Display  Hide  Download

https://tel.archives-ouvertes.fr/tel-00346398
Contributor : Anne-Marie Plé <>
Submitted on : Thursday, December 11, 2008 - 3:21:28 PM
Last modification on : Tuesday, May 7, 2019 - 6:30:12 PM
Long-term archiving on: : Tuesday, June 8, 2010 - 4:28:15 PM

Identifiers

  • HAL Id : tel-00346398, version 1

Citation

Julien Détais. Les nations unies et le droit de légitime défense. domain_other. Université d'Angers, 2007. Français. ⟨tel-00346398⟩

Share

Metrics

Record views

954

Files downloads

23210