ABUSE OF SELF-DEFENCE UNDER ARTICLE 51 OF THE UN CHARTER: LEGAL BOUNDARIES AND GLOBAL CONSEQUENCES

Abstract

The right to self-defence under Article 51 of the UN Charter constitutes one of the fundamental norms of public international law. However, in recent decades its interpretation and application have increasingly been subject to abuse by states seeking to legitimise the use of force. This paper analyses selected cases of such abuse (e.g. military actions of the United States, Russia’s actions in Ukraine since 2014/2022, and selected operations in the Middle East) and argues that the misuse of self-defence not only undermines the prohibition of the use of force (Art. 2(4) UN Charter), but may also contribute to broader social changes on a global scale. Beyond legal implications, the paper explores the broader social consequences that may arise from such developments, including mass forced migrations, delegitimisation of international law, erosion of trust in global institutions, societal polarisation, and the shift from “security through law” to “security through force.” It argues that these developments may contribute to a feedback loop between legal erosion and social processes. The paper argues that the ongoing broadening of Article 51 contributes to the fragmentation of the post-1945 international order. It concludes with de lege ferenda considerations aimed at reinforcing procedural and substantive safeguards to preserve the balance embedded in the UN Charter.