May 2025

(11th The Hindu)

Article 51 of the UN charter - Exception to the prohibition on the use of force outlines in Article 2(4), which bars member states from threatening or using force against the territorial integrity or political independence of any state. It allows the use of force solely in the exercise of self defense following an armed attack

Article 51 imposes a procedural obligation on member states to immediately report to the UNSC any military measures taken in self defense.

The UNSC then assumes the authority to undertake action to maintain or restore international peace and security.

UN charter governs only the conduct of the state, and state sponsored uses of force and not the role of non state actors (NSA), which prompted by some states that the right to self defense should be extended to cover against the NSAs too.

However, the ICJ has adopted a more restrictive interpretation in the case, "Nicaragua vs US (1986)" and "Democratic Republic of Congo vs Uganda (2005)".

An armed attack under article 51 included acts by NSAs only if they are carried out by or on behalf of a state. Attribution to a state remains a necessary condition for invoking the right of self defense under the international law.

NSAs operating from the territory of another state, when that state is unwilling or unable to neutralise the threat. This again can be included under Article 51.

US used this to justify the 2011 military operation that killed Al - Qaeda leader Osama Bin Laden in Pakistan and 2014 air strikes in Syria against the IS. But these military operations was condemned by Russia, china and Mexico.

Leiden policy recommendations on counter terrorism and international law (2010) : Military actions are only permissible in exceptional circumstances, when the state actively supports the terrorists.