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2013
749
To justify na unreasonable yung pag-ram sa boatzzzz
Although the right to self-defence is established, it is not
unconstrained; force used in self-defence must be necessary and
proportionate.
2013
749
To justify na unreasonable yung pag-ram sa boatzzzz
...necessity has generally been interpreted as meaning that the
defending state must have no other option in the circumstances
than to act in forceful self-defence, whilst proportionality requires
that the size, duration, and target of the response correspond to
the attack in question.
2013
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759
Only relevant if we assume that both parties are members of the
UN
Within the UN System the Security Council is the sole body with the
capacity to authorize the use of force.The starting point of Article
39, which provides: The security council shall determine the
existence of any threat to the peace, breach of peace or act of
aggression and shall make recommendations, or decide what
measures should be taken in accordance with Articles 41 and 42, to
maintain or restore international peace and security.
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ICJ Reports
p. 168, 223-4
2005
Ratio against Artosis use of force
Article 51 of the Charter may justify the use of force in self-defence
only within the strict confines there laid down. It does not allow the
use of force by a State to protect perceived security interests
beyond those parameters.