The Right of States to Self-Defence Against Non-Governmental Armed Groups


The use of force law in traditional international law has been established to govern the legitimacy of armed force between states. This reflects the post-World War II reality and the efforts of the international community to prevent future conflict from recurring. However, during the past few decades, states have been increasingly attacked by non-state armed groups and non-state entities. This raises questions about the adequacy of the traditional legal framework regarding the use of force in modern armed conflicts. Contemporary conflicts with non-state armed groups often conflict with the rules governing the use of force in international law. The legal framework for regulating state conflict with non-state armed groups has not been clearly identified in the UN Charter. Also, the decisions and advisory opinions issued by the International Court of Justice in turn were not clear regarding its position on armed conflicts to which armed groups are a party. In this study, we will examine the current legal framework related to the right to self-defense against attacks by non-governmental armed groups, by studying the concept of this right and explaining the nature of these groups and their international legal personality. The articles on this subject will also be analyzed in the Charter of the United Nations, as well as an analysis and review of judicial rulings and advisory opinions of the International Court of Justice in this field.Key Words (Self-Defense, Non-Governmental Armed Groups, International Legal Personality, UN Charter, Security Council, International Court of Justice)