What is 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 protect themselves from armed attacks or imminent threats of armed attacks. It is enshrined in Article 51 of the United Nations Charter and is considered a customary norm of international law. This right recognizes the inherent right of states to use force in response to aggression and to defend their sovereignty, territorial integrity, and security. However, the exercise of the right of self-defense is subject to certain conditions and limitations under international law.

Conditions under which the right of self-defense is available:

1. Armed Attack:

   • The right of self-defense arises in response to an armed attack by another state. An armed attack can take various forms, including military invasion, armed aggression, or the use of force against the territorial integrity or political independence of a state.
   • The attack must be sufficiently serious and significant to justify the use of force in self-defense. Minor skirmishes or isolated incidents may not rise to the level of an armed attack under international law.

2. Imminence and Necessity:

   • The threat of armed attack must be imminent or immediate for the right of self-defense to be invoked. States cannot use force preemptively or on the basis of speculative threats that have not materialized or do not pose an immediate danger.
   • The use of force must be necessary to repel the armed attack or prevent further aggression. States must exhaust all peaceful means of resolving disputes before resorting to force, and the use of force must be proportionate to the threat faced.

3. Attribution of the Attack:

   • The armed attack must be attributable to another state or non-state actor acting on behalf of a state for the right of self-defense to be invoked. States cannot use force in self-defense against attacks perpetrated by non-state actors without the involvement or support of a state.
   • The concept of attribution requires states to establish a causal link between the armed attack and the responsible state or actor, based on evidence of direct involvement, support, or control.

4. Proportionality:

   • The use of force in self-defense must be proportional to the threat posed and necessary to repel the armed attack or prevent further aggression. States are not permitted to respond with excessive or disproportionate force that goes beyond what is necessary to defend themselves.
   • The principle of proportionality requires states to balance the necessity of self-defense with the humanitarian considerations and the need to minimize civilian casualties and damage to civilian infrastructure.

5. Notification to the Security Council:

   • Article 51 of the UN Charter requires states exercising the right of self-defense to report the measures taken to the Security Council immediately. This notification serves as a form of accountability and transparency, allowing the Security Council to assess the situation and take appropriate action to maintain international peace and security.
   • States are obligated to cooperate with the Security Council and refrain from actions that would escalate or prolong the conflict or undermine the authority of the UN.

6. Temporary Nature:

   • The right of self-defense is considered temporary and ceases once the armed attack has ended or the threat of attack has been neutralized. States are required to resort to peaceful means to resolve disputes and conflicts, including negotiation, mediation, and arbitration, once the immediate danger has passed.

In conclusion, the right of individual or collective self-defense is a foundational principle of international law that allows states to protect themselves against armed attacks and ensure their security and survival. However, the exercise of this right is subject to strict conditions and limitations, including the requirement of imminence, necessity, attribution, proportionality, notification to the Security Council, and the temporary nature of the right. States must carefully assess the circumstances and consequences of using force in self-defense and adhere to the principles of international law to maintain peace, stability, and respect for human rights in the international community.