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Prawo państwa do samoobrony podstawą legalnego użycia siły zbrojnej

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Milena S.
Międzynarodowe Prawo Humanitarne
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2012
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vol. 3
187-198
EN
A basic principle of international law is the prohibition of the use of armed force, which is regulated in Article 2 of the UN Charter. Charter provides for two exceptions to this rule, and one of them is the right to self-defence. This right for it legality must meet certain conditions in both the United Nations Charter and by customary law. The right to self defence is a right derived from common law and the Charter makes its confirmation and concretization. A prerequisite for taking action in self-defence is an instance of an armed attack. Further conditions to be met in action of self-defence are the conditions of proportionality and necessity, which are not mentioned by the UN Charter but have their confirmation in the common law as well as have been confirmed by the International Court of Justice.
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Armed Attack, Non-State Actors and a Quest for the Attribution Standard

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Kowalski M.
Polish Yearbook of International Law
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2010
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vol. 30
101-130
EN
Article 51 of the UN Charter, in affirming the inherent right of self-defence of each UN Member State 'against which an armed attack has occurred', clearly indicates that the concept of armed attack plays a key role in delineating the right of self-defence. The concept in question was not, however, defined in the UN Charter, and no universally acceptable definition has yet emerged either in practice or in doctrine. One of the fundamental questions to be addressed in this context is who must engage in armed activity for it to qualify as an armed attack. This question is of particular relevance today because of the threat of international terrorism and the expansion of the concept of armed attack through the inclusion of an act of terrorism. The article discusses in some detail the emerging legal framework for attribution of actions undertaken by non-state actors to states.
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