An Examination of Dinstein's Thesis of Defensive Armed Reprisals: An Expression of Legitimate Self-Defence or an Abuse of Power?

Abstract

The "rules" of international law originally contemplated state actors, interacting among one another; the modern world, and modern warfare, now goes beyond state actors and involves a state responding to attacks on its integrity, if not existence, from an array of forces that are themselves neither state nor nation based, but supranational or ultranational groups operating from sanctuary within nation states. The law needs to adapt to reality and Dr. Yoram Dinstein gives one solution - defensive armed reprisals that can be legally executed under both Article 51 of the UN Charter and customary international law. This article will assess Dinstein's thesis, ultimately concluding that it offers an acceptable balance between the competing interests which so often conflict within this area of international law.

Keywords: International Law; Armed Conflict; International Humanitarian Law; Law of War; Self Defense; State Sovereignty; Aggression; National Security; Customary International Law

JEL Classification: K33