The Theory of Accumulation of Events in the Appeal to International Self-Defense

Document Type : academic

Authors

1 Public International Law Candidate, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

2 Associate Professor of Law, Department of Law, University of Kurdistan, Sanandaj, Iran

3 Assistant Professor of Law, Department of Public and International Law, Faculty of Law and Political Science, Kermanshah Branch, Kermanshah, Iran

Abstract

Article 51 of the United Nations Charter preserves the right of states to use force in self-defense "in case of armed attack" until the Security Council provides the necessary security. It is generally believed that resorting to force that establishes the right of self-defense must be a strong and unpreventable armed force that can justify self-defense for the victim state. In conformity with this, the International Court of Justice (ICJ) has affirmed the existence of a threshold for distinguishing between "the most extreme forms" and "less extreme forms" of the use of armed force. The theory of the accumulation of incidents refers to a series of minor incidents that have accumulated until they reach the threshold of armed conflict. In fact, this theory does not have the threshold of severity desired by the ICJ. However, certain governments have resorted to it in order to justify the existence of their right to self-defense. This article has come to the conclusion that there are signs suggesting that transnational terrorist attacks have caused serious problems for governments; As a result, the tendency to accept this theory, which previously had little support, has increased to some extent.
 

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History

  • Receive Date: 24 November 2022
  • Revise Date: 03 April 2023
  • Accept Date: 03 April 2023

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