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The (mis)use of self-defence in international law
Mini-dissertation (LLM (International Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613589425094656 |
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| access_status_str | Open Access |
| author2 | Dyani-Mhango, Ntombizozuko |
| author_browse | Dyani-Mhango, Ntombizozuko |
| author_facet | Dyani-Mhango, Ntombizozuko |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-dissertation (LLM (International Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/102377 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:33.011Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/102377 The (mis)use of self-defence in international law Dyani-Mhango, Ntombizozuko u16015755@tuks.co.za Potgieter, Rumandi UCTD International Law Armed attack Self-defence United Nations Security Council (UNSC) United Nations Charter Mini-dissertation (LLM (International Law))--University of Pretoria, 2024. The principle of self-defence is a fundamental component of the legal framework aiming to protect states from immediate threats and to preserve international peace and security. However, concerns have arisen in years regarding the misuse or misinterpretation of self- defence, leading to its misuse as a justification for the use of force by states. This research paper aims to critically examine the concern regarding the possible misuse of self-defence in international law. The objective is to explore the various dimensions of this issue, to analyse legal provisions and case law and to propose measures to tackle and mitigate such misuse. This mini-dissertation explores the complex landscape of self-defence in international law, specifically focusing on its potential misuse and the associated enforcement and accountability limitations. It starts by examining the history of self-defence and the principles that constitute the foundation of self-defence, and subsequently, the ambiguities that arise from their interpretation. The mini-dissertation analyses a range of case studies, including the U.S. Drone strikes in Yemen and Pakistan, the U.S. Assassination of Qasem Soleimani and the Saudi Arabia and Yemen conflict; just to name a few. These cases shed light on instances where self- defence principles have possibly been misapplied and on their legal implications. The research reveals challenges in enforcing self-defence actions and ensuring accountability, primarily due to factors such as the veto power within the United Nations Security Council (UNSC) and the absence of an international judicial mechanism for resolving self-defence disputes. It particularly examines debates surrounding interventions inclusion within the United Nations Charter, while advocating for a balanced framework that respects state sovereignty and concurrently protecting human rights and fostering global peace. The mini-dissertation emphasises the need for evolution and advancements in law to effectively adapt to evolving conflicts. Public Law LLM (International Law) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-05-13T14:05:32Z 2025-05-13T14:05:32Z 2026-04 2024-10 Mini Dissertation * S2025 http://hdl.handle.net/2263/102377 https://doi.org/10.25403/UPresearchdata.28937489 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD International Law Armed attack Self-defence United Nations Security Council (UNSC) United Nations Charter The (mis)use of self-defence in international law |
| title | The (mis)use of self-defence in international law |
| title_full | The (mis)use of self-defence in international law |
| title_fullStr | The (mis)use of self-defence in international law |
| title_full_unstemmed | The (mis)use of self-defence in international law |
| title_short | The (mis)use of self-defence in international law |
| title_sort | mis use of self defence in international law |
| topic | UCTD International Law Armed attack Self-defence United Nations Security Council (UNSC) United Nations Charter |
| url | http://hdl.handle.net/2263/102377 https://doi.org/10.25403/UPresearchdata.28937489 |