JIB/JAB Podcast

JIB/JAB - Episode 3 - Adil Haque on Aggression and Self-Defense

8 snips
Jul 12, 2020
Adil Haque, a Rutgers law professor and legal philosopher specializing in armed conflict and international criminal law, revisits the UN Charter drafting history. He explores how negotiators linked aggression, armed attack, and self-defense. Short takes cover the Security Council’s intended gap‑filling role, limits on anticipatory self-defense, and the original reach of Article 51.
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INSIGHT

Article 51 Is Rooted In Aggression Not Just Use Of Force

  • Article 51 was drafted and discussed as a response to acts of aggression, not merely as an exception to the general prohibition on any use of force in Article 2.4.
  • Haque's review of the Charter travaux shows delegates uniformly treated armed attack as a form or equivalent of aggression, predating the 1970s General Assembly definition.
INSIGHT

The Gap Between Force And Armed Attack Was Intentional

  • The apparent 'gap' between general prohibition of force and armed attack is deliberate: lesser uses of force are meant to be handled by the Security Council as breaches of the peace.
  • Haque argues the charter's structure intentionally channels non-armed-attack force toward collective Council responses.
INSIGHT

Self-Defense Is A Backstop To The Security Council

  • Article 51 sits inside Chapter 7 as a residual backstop to Security Council action, meaning self-defense supports the Council's collective role rather than being a standalone exception to Article 2.4.
  • Negotiating records show delegates from the U.S., Soviet Union, and China explicitly framed 51 as an exception to the Chapter 7 rule that the Security Council handles aggression.
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