ABSTRACT

Self-defense needs to fulfil a number of criteria: Article 51 explicitly requires the occurrence of an “armed attack” and obliges the defending state to report to the Security Council. States may also request other states to come to their defense. Such a request can be given on an ad hoc basis, or states may enter into a bilateral defense pact. The International Court of Justice further dealt with the “armed attack” criterion in the Oil Platforms case between the US and Iran. As emphasized by the International Court of Justice in the Nicaragua case, customary international law imposes three additional requirements for the right to self-defense: necessity, immediacy and proportionality. The Oil Platforms case has made matters even more complicated. As stated earlier, the ICJ rejected the US’s invocation of the right to self-defense by stating that the oil platforms were not of military importance. Self-defense is also a pressing issue in connection with transnational armed conflicts.