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 in international law, allowing states to use force to defend themselves against an armed attack. This right is enshrined in Article 51 of the United Nations Charter, which states: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security."

Conditions for Exercising the Right of Self-Defense

1. Armed Attack: The right of self-defense is triggered by an armed attack. This concept is interpreted by the International Court of Justice (ICJ) to mean a significant use of force, distinguishing it from lesser forms of aggression or threats. For instance, large-scale invasions, bombings, or other significant acts of violence constitute armed attacks, whereas minor border skirmishes might not.

2. Necessity: The principle of necessity requires that the use of force in self-defense must be essential. This means that there are no reasonable alternatives to using force to address the armed attack. Diplomatic efforts or other peaceful means must be considered impractical or ineffective.

3. Proportionality: Proportionality demands that the force used in self-defense must be proportionate to the armed attack. The response should not exceed what is necessary to repel the attack and restore security. Excessive or punitive measures are not justified under this principle.

4. Immediate Notification to the Security Council: Article 51 requires that measures taken in self-defense be reported immediately to the UN Security Council. This ensures that the international community is informed and can take appropriate action to restore peace and security.

Collective Self-Defense

Collective self-defense allows states to assist another state that is under armed attack. This is particularly relevant in the context of military alliances like NATO, where an attack on one member is considered an attack on all. The same conditions of necessity and proportionality apply to collective self-defense, and the assisting state(s) must also report to the Security Council.

Pre-emptive and Preventive Self-Defense

There is ongoing debate about the legality of pre-emptive (or anticipatory) self-defense, where a state uses force in anticipation of an imminent armed attack. While some argue that imminent threats justify pre-emptive action under the necessity criterion, others contend that such actions are too prone to abuse and lack clear legal standing. Preventive self-defense, aimed at neutralizing potential future threats, is generally not accepted in international law as it lacks the immediacy of an armed attack.

In conclusion, the right of individual or collective self-defense in international law is a critical mechanism for maintaining state sovereignty and international order. It is governed by stringent conditions of armed attack, necessity, proportionality, and immediate notification to the UN Security Council, ensuring that this right is exercised responsibly and within the bounds of international legal frameworks.