Exploring the Limits of International Law relating to the Use of Force in Self-defence

Natalia Ochoa-Ruiz ¹, Esther Salamanca-Aguado ²

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Abstract

In the new millenium, the scope and limits of the use of force in international relations are still the subject of strong debate. Some legal scholars and state representatives favour an expanded interpretation of the right of self-defence which includes so-called pre-emptive and anticipatory self-defence. The International Court of Justice recently dealt with a dispute involving the use of force, allegedly in self-defence, in the Case Concerning Oil Platforms (Iran v. United States). This article explores the contribution of the judgment to international law on the use of force in self-defence. It discusses two issues: the relationship between self-defence and the protection of essential security interests of states, and the Court’s analysis of the conditions for self-defence. We conclude that the ICJ has largely confirmed its existing jurisprudence in the field and avoided making any explicit, significant new contribution to the notion of self-defence. Nonetheless, we suggest that the Court’s insistence on a narrow interpretation of certain conditions and silence on some controversial arguments advanced by the parties is prudent and more eloquent than words.

1  Doctor of Law. University Complutense of Madrid. Associate Professor of Public International Law, European University of Madrid, Spain.

2  Doctor of Law. University Complutense of Madrid. Jean Monnet Fellow, European University Institute.

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