Abstract

This dissertation focuses on the concept of self-defense as it applies under the United Nations Charter. The study examines the extent of legality of the use of force under International law. Despite the prohibition on the use of force contained under the UN Charter, the charter provides certain circumstances in which states may resort to force in self-defense, the provision of the UN Charter relating to the use of force is ambiguous.

This has posed a difficulty/challenge what extent of force is required to constitute the use of force, which will warrant a response in self-defense. The study adopts the qualitative research methodology, based on the doctrinal method of legal research, which makes use of a legal analysis of primary and secondary sources of data. Findings of this study reveal that states can only resort to force under international law when it is required (necessity) and for justifiable reasons.

The study further reveals that the UNSC plays a significant role in the system in ascertaining the existence of acts of aggression which tend to threaten international peace and security. In order to address this problem of ambiguity in the law of self-defense, this study recommends for the education and sensitization of the international community, and an improvement in collaboration between the UNSC and the ICC.

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