A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW

AUTHOR – GAYATHRI. U, POSTGRADUATE, LLM – INTERNATIONAL LAW AND ORGANIZATIONS, DEPARTMENT OF LEGAL STUDIES, UNIVERSITY OF MADRAS, ADVOCATEGAYATHRIUMAPATHY@GMAIL.COM

BEST CITATION – GAYATHRI. U, A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 363-376, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Self Defence being an inherent right, it can only be regulated and not restrained. Every state under international law is vested with the sovereign power to use defensive force against any unprecedented attacks or aggression. International law permits defensive force and prohibits offensive force. Apart from customary international law, the international justice system plays a predominant role in regulating the right to exercise defensive force by the state. Though defensive forces are considered a lawful use of force, they are not unlimited. It is pertinent to analyse the interpretation of international courts to understand the acceptable application and usage of self-defence. This research predominantly focuses on the judgments and opinions delivered by the Military Tribunals and the International Court of Justice on self-defence arising from pre- and post-Nicaragua. This research limits its focus to the practical aspects of self-defence and provides a vast exploration of the court’s interpretation of self-defence. This research contributes to the understanding of the Court’s view on the usage of self-defence in international law.

Keywords:

Self Defence, International Justice System, International Court of Justice, Nicaragua and Use of Force.