The relationship between national, unit and personal self-defence in international law: bridging the disconnect

Abstract

ABSTRACT Academic and judicial consideration of the right of self-defence in international law has focused on the right as it applies to states (national self-defence). This approach represents only part of the picture, however. Little attention has been paid to how the right of national self-defence relates to, and interacts with, the right of military personnel and their units to defend themselves. Yet, this relationship is crucial to determine when and how a state may defend itself. This article highlights fundamental problems associated with the focus on national self-defence, which results in the fragmentation of international law. It offers some unified thinking regarding issues of attribution, the gravity and timing of attacks, the requirements of necessity and proportionality and armed attacks by non-state actors. The aim is to bridge the current disconnect.