Explain the right of individual or collective self defence? Discuss the conditions under which this right is available in International Law.

The right of individual or collective self-defense is a fundamental principle of international law that allows states to use force in response to an armed attack. It serves as a crucial mechanism for maintaining peace and security by enabling states to protect themselves against aggression and uphold their sovereignty. The right of self-defense can be exercised by both individual states and groups of states acting collectively, and it is enshrined in the United Nations Charter and customary international law.

Individual self-defense refers to the inherent right of states to defend themselves against an armed attack. According to Article 51 of the United Nations Charter, states have the inherent right to self-defense if an armed attack occurs against them until the Security Council takes measures necessary to maintain international peace and security. This right allows states to use force, including military action, to repel the attack and prevent further aggression.

Collective self-defense, on the other hand, allows states to come to the aid of another state that is the victim of an armed attack. Under customary international law, states may engage in collective self-defense when an armed attack occurs against a member of a group of states, such as a military alliance, and that attack threatens the peace and security of other members of the group. The legal basis for collective self-defense is derived from Article 51 of the UN Charter and is further codified in regional treaties and agreements, such as the North Atlantic Treaty Organization (NATO) treaty.

Several conditions must be met for the right of self-defense to be lawfully exercised under international law:

1. Armed Attack: The use of force must constitute an armed attack, which typically involves the deployment of military forces or the commission of significant acts of violence against the territorial integrity or political independence of a state. Minor border incidents or isolated acts of violence may not rise to the level of an armed attack.

2. Immediacy and Necessity: The response to the armed attack must be necessary and immediate to repel the aggression and prevent further harm. States are expected to act proportionately and only use force to the extent necessary to counter the threat posed by the armed attack.

3. Proportionality: The use of force in self-defense must be proportionate to the threat posed by the armed attack. States are not permitted to respond with excessive force or engage in actions that cause disproportionate harm to civilians or civilian infrastructure.

4. Notification: States engaging in collective self-defense are generally required to notify the Security Council of their actions in accordance with Article 51 of the UN Charter. This notification serves to inform the international community of the state's exercise of its right to self-defense and provides an opportunity for diplomatic resolution of the conflict.

Overall, the right of individual or collective self-defense is a vital aspect of international law that allows states to protect themselves against armed aggression while upholding the principles of necessity, proportionality, and respect for the sovereignty of other states.