THE RIGHT OF EXISTENCE AND SELF DEFENSE One of the fundamental right of a state once it comes into being This right is deemed the most important and most comprehensive, as all of the other rights are supposed to flow or be derived from it By virtue of this right, the state may use such necessary measure, sometimes including the use of force, as may be necessary to resist any danger to its existence This right does not depend for its validity on other state’s previous previous recognition or consent This right has been expressly acknowledged in certain important agreements: 1 !nite !nited d "atio "ations ns #ha #harte rter r $ %raf %raftt %ecl %eclar arat atio ion n of the the &igh &ights ts and and %uti %uties es of the the 'tat 'tates es prep prepar ared ed by (nternational )aw #ommission at the re*uest of the +eneral ssembly • •
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Requisite of Right The right may be resorted to only upon a clear showing of a grave and actual danger to the security of the state and, furthermore, the self-defensive measures must be limited by the necessity and kept clearly within it .ere apprehe apprehende nded d danger danger or any direct direct threat to the state may not, not, in itself itself alone, warrant the employment of force against a suspected or potential enemy This idealistic concept has not been widely accepted as far as observance and practice of states are concerned /xamples in history of a more pragmatic concept of the right of self-defense: 1 .obili0ation .obili0ation of &ussia &ussia in 112 which which is the the result result of +ermany’s +ermany’s declaration declaration of war against it, asserting that it’s security has been imperiled $ +reat +reat Britain Britain sei0ed sei0ed the %anish %anish fleet on 1345 to prevent prevent it from falling falling into the hands of the 6rench with whom they were then at war 7 8apan’s 8apan’s invasio invasion n of 9orea in 142 on the ground ground that that &ussia, &ussia, its enemy then then,, also also had had eyes eyes on the the coun countr try y and and migh mightt use use it as a base base of operations against 8apan 2 &ussia’s &ussia’s invasio invasion n of 6inland 6inland on 17 as, according according to them, them, a strategi strategic c measure to defend itself from an anticipated +erman invasion !nited !nited 'tates’ 'tates’ attack attack on (ra* (ra* on the ground ground that it is storing storing biological biological and chemic chemical al weap weapons ons of mass mass destr destruct uction ion inten intende ded d to be used used agai against nst mericans mericans •
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The Cuban Missile Cisis (n 1;$, the !nited 'tates established a *uarantine in #uba Then
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force is to be used except in case of failure or refusal to comply with the directions of the !' %efense 'ecretary 6ortunaltely, the !''& backed down, and thus preempted the outbreak of what would have been ?orld ?ar ((( Regional Aange!ents &egional arrangements are also known as collective self-defense (t is a security arrangement, political, regional, or global, in which each state in the system accepts that the security of one is the concern of all, and therefore commits to a collective response to threats to, and breaches to peace /xamples: 1 Organi0ation of merican 'tates $ "orth tlantic Treaty Organi0ation @"TOA 7 #ommon 'ecurity and %efence
"alan#e of $o%e One reason for the regional arrangement is to provide for the balance of power as between the 'tates ccording to Cattel, it is Dan arrangement of affairs so that no state shall be in the position to have absolute mastery and dominion over othersE &ecently, the world was polari0ed between democratic and communist countries The maintenance of the balance of power contributed in a very real way to international peace although, being an Darmed peace,E it was far from the ideals sought under the !nited "ations #harter Aggession Before a 'tate may invoke its right from self-defense, it was provided that there must be an actual aggression over it to warrant the use of necessary measures to protect itself =ow do we say then that there is already a presence of aggressionF ggression was defined in rticle 1 by the !" +eneral ssembly on 125 as Dthe use of armed force by a 'tate against the sovereignty, territorial integrity of political independence of another 'tate, or in any other manner inconsistent with the #harter of the !nited "ations, as set out in this %efinitionE Ta&itionall' Allo%able Coe#i(e Measues /ven though use of force must be ustified by the actual aggression of another 'tate, there are certain measures or Dself-helpE that have been traditionally allowed •
Severance of diplomatic relations G this should only be resorted to unless truly necessary because severance might endanger peace
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Retorsion G any form of counter-measures in response to an unfriendly act This includes shutting of ports to vessels of unfriendly state, revocation of tariff concessions not guaranteed by treaty, or display of naval forces in the waters of the unfriendly state Reprisal G any kind of coercive measure whereby one 'tate seeks to exercise a deterrent effect or obtain redress or satisfaction, directly or indirectly, for the conse*uences of the illegal act of another state which has refused to make amends for such illegal act !nder the !" #harter, reprisals have been narrowed down especially since situations lime these should be brought to the 'ecurity #ouncil Embargo G can consist of sei0ure of vessels in the high seas (t might also be pacific, as when a 'tate keeps its own vessel for fear that it may find their way in foreign territory Boycott G suspension of trade or business relations with the nationals of the offending 'tate Non-intercourse G suspension of all commercial intercourse with the state Pacific blockade G naval operation carried out in time of peace whereby a 'tate prevents access to or exit from particular ports or portions of the coast of another state for the purpose f compelling the latter to yield to the demands made by the blockading 'tate
