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 principle enshrined in international law, allowing states to use force in response to an armed attack. This right is codified 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."

Conditions for the Right of Self-Defense

1. Armed Attack: The trigger for invoking the right of self-defense is an armed attack. The International Court of Justice (ICJ) has emphasized that not all uses of force qualify as armed attacks. For example, minor border incidents or sporadic attacks may not meet this threshold. An armed attack involves significant scale and effects, such as large-scale military operations or significant acts of violence.

2. Necessity and Proportionality: The response to an armed attack must adhere to the principles of necessity and proportionality.

   • Necessity: The use of force in self-defense must be necessary, meaning that there are no viable peaceful alternatives to counter the threat.
   • Proportionality: The defensive measures must be proportionate to the armed attack. The response should not exceed what is reasonably required to repel the attack and ensure security.

3. Immediate Reporting: According to Article 51, any state exercising the right of self-defense must immediately report the measures taken to the UN Security Council. This ensures transparency and allows the Security Council to assess the situation and take appropriate action to maintain or restore international peace and security.

4. Collective Self-Defense: States have the right to collectively defend each other. If one state is attacked, others may come to its defense, provided the attacked state requests assistance. This principle underlies many military alliances, such as NATO, where an attack on one member is considered an attack on all.

5. State and Non-State Actors: The right of self-defense traditionally applied to attacks by states. However, in the context of modern threats like terrorism, the application has evolved. States can invoke self-defense against non-state actors, such as terrorist groups, if these groups carry out armed attacks. This expansion is controversial and subject to ongoing legal debate and interpretation.

Application in Practice

The application of the right of self-defense has been pivotal in numerous international conflicts. For instance, the US invoked Article 51 following the September 11, 2001, terrorist attacks to justify military action in Afghanistan against al-Qaeda and the Taliban. Similarly, states like Israel have frequently cited self-defense in responding to attacks from non-state actors such as Hamas and Hezbollah.

In conclusion, the right of self-defense in international law is a critical mechanism for states to protect their sovereignty and security. Its exercise is tightly regulated by conditions of necessity, proportionality, and immediate reporting to ensure that it is not abused and that international peace and stability are upheld.