Original scientific paper
THE PERMISSIBILITY OF ARMED INTERVENTIONS FOR THE PROTECTION OF NATIONALS ABROAD
Petra Perišić
; Pravni fakultet Sveučilišta u Rijeci
Abstract
Article 2 (4) of the United Nations Charter prohibits the use and threat of force which are directed against the territorial sovereignty and political independence of any state, or which are in any other way inconsistent with the Purposes of the United Nations. With respect to such legal regulation, the question of the legality of armed interventions undertaken on the territory of another sovereign state in order to rescue nationals who find themselves in danger arises. This paper analyzes whether such actions may be regarded as self-defence, as the only exception to the prohibition of the unilateral use of force provided by the Charter, as well as whether a basis for undertaking such actions exists in customary international law. Furthermore, the author examines whether the state of necessity, not as a right, but rather as a circumstance precluding wrongfulness of a certain act, may justify undertaking of such a type of armed interventions.
Keywords
armed intervention; prohibition of the use of force; self-defence; state of necessity
Hrčak ID:
107283
URI
Publication date:
20.12.2012.
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