ABSTRACT

This chapter addresses an important issue the right of self-defence in the case of armed attack by a non-state armed group. It examines that Resolution 1701 has actually made a step in the direction of allowing states attacked by non-state actors to retaliate. The chapter submits that the principle of the proportionality of legitimate defence could be taken to mean that the degree of force used in self-defence must be commensurate with the end to be achieved the restoration of the rights violated as the result of an armed attack. The lack of a right of self-defence against armed attacks from irregular forces and/or terrorist groups not attributable to a state, even in the case of large-scale armed attack, is a grave lacuna in international law. The Security Council consolidates a rule of attribution, around which there is much uncertainty, expressing a preference for the International Court of Justices (ICJs) interpretation.