International Law Essay Example | Topics and Well Written Essays - 3000 words

International Law - Essay Example In order to determine whether or not the state has a right to use self-defence against a non-state actor under contemporary international law, the theory of jus ad bellum within the context of the UN Charter, Article 51 will have to examined. This paper will argue that the principle characteristics of the theory of jus ad bellum and Article 51, although design to control hostilities between states, can be interpreted to permit the use of military force in self-defence against non-state actors. The theory jus ad bellum is a evolved from Western cultures as a guide for reconciling â€Å"right with might† or â€Å"sollen with sein.†5 The primary objective of the doctrine of jus ad bellum was to cultivate a concept that military force was only justified in response to unprovoked aggression. Likewise, military force could be legitimately used for the purpose of restoring order or correcting a violated right. Military force could also be used legitimately for punitive reason.6 Taken together as a whole, the theory of jus ad bellum dictates generally that military force could legitimately be used for humanitarian intervention and for protection of sovereignty. After the Second World War, the United Nations was formed by virtue of the UN Charter which ultimately re-introduced and reconstructed the ambit of jus ad bellum.7 The primary purpose of the UN was to prevent war among the nations of the world.8 Following the 1990s Kosovo conflict International Commission on Intervention and State Sovereignty modified the UN Charter setting restraints for the exceptions to the UN’s policy on permissible military force between states under the auspices of jus ad bellum. Under the UN Charter the contemporary concept of just war of jus ad bellum dictates merely that war can no longer be justified on the grounds of humanitarian intervention, but for purposes of self defence.9 The UN Charter was implemented on October 24,