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Chapter VII of the United Nations Charter: Difference between revisions


 

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=== Usage by sovereign countries ===

=== Usage by sovereign countries ===

{{section expansion needed|date=March 2022}}

{{section expansion needed|date=March 2022}}

According to a study by researchers at Harvard Law School, between 1945 and 2018, UN Member States submitted 433 communications to the Security Council of measures taken in purported exercise of the right of self-defense.{{Cite web |title=Quantum of Silence |url=https://pilac.law.harvard.edu/quantum-of-silence |access-date=2023-08-08 |website=HLS PILAC |language=en-US |doi=10.54813/azzk2231}}

According to a study by researchers at Harvard Law School, between 1945 and 2018, UN Member States submitted 433 communications to the Security Council of measures taken in purported exercise of the right of self-defense.{{Cite web |title=Quantum of Silence |url=https://pilac.law.harvard.edu/quantum-of-silence |access-date=2023-08-08 |website=HLS PILAC |language=en-US |doi=10.54813/azzk2231}}

Countries, such as the United States during the [[2003 invasion of Iraq]],{{cite news |last1=Lee |first1=Jeremiah |title=Israel v. Hezbollah: Article 51, Self-Defense and Pre-emptive Strikes |url=https://www.jurist.org/commentary/2006/07/israel-v-hezbollah-article-51-self/ |work=[[JURIST]] |date=29 July 2006}} [[Israel]] during the [[2006 Lebanon War]], [[Turkey]] during [[Operation Euphrates Shield|Operations Euphrates Shield]] in Syria,{{cite web|url=https://www.trtworld.com/mea/turkey-using-right-to-self-defense-in-euphrates-shield-171382|title=Turkey ‘using right to self-defence’ in Euphrates Shield|date=24 August 2016|publisher=TRT World}} and [[Operation Claw-Lock|Claw-Lock]] in Iraq,{{Cite web |last=Ertan |first=Nazli |date=18 April 2022 |title=Turkey launches offensive against PKK targets in northern Iraq – Al-Monitor: The Pulse of the Middle East |url=https://www.al-monitor.com/originals/2022/04/turkey-launches-offensive-against-pkk-targets-northern-iraq |access-date=2022-04-19 |website=[[Al Monitor]] |language=en}} and [[Russia]] during the [[2022 Russian invasion of Ukraine]]{{cite web|url=https://www.aljazeera.com/news/2022/2/24/putins-speech-declaring-war-on-ukraine-translated-excerpts|title=”No other option”: Excerpts of Putin’s speech declaring war|publisher=Al Jazeera|date=24 February 2022|access-date=4 March 2022}} have used this article to legitimize their military incursions abroad.

Countries, such as the United States during the [[2003 invasion of Iraq]],{{cite news |last1=Lee |first1=Jeremiah |title=Israel v. Hezbollah: Article 51, Self-Defense and Pre-emptive Strikes |url=https://www.jurist.org/commentary/2006/07/israel-v-hezbollah-article-51-self/ |work=[[JURIST]] |date=29 July 2006}} [[Israel]] during the [[2006 Lebanon War]], [[Turkey]] during [[Operation Euphrates Shield|Operations Euphrates Shield]] in Syria,{{cite web|url=https://www.trtworld.com/mea/turkey-using-right-to-self-defense-in-euphrates-shield-171382|title=Turkey ‘using right to self-defence’ in Euphrates Shield|date=24 August 2016|publisher=TRT World}} and [[Operation Claw-Lock|Claw-Lock]] in Iraq,{{Cite web |last=Ertan |first=Nazli |date=18 April 2022 |title=Turkey launches offensive against PKK targets in northern Iraq – Al-Monitor: The Pulse of the Middle East |url=https://www.al-monitor.com/originals/2022/04/turkey-launches-offensive-against-pkk-targets-northern-iraq |access-date=2022-04-19 |website=[[Al Monitor]] |language=en}} and [[Russia]] during the [[2022 Russian invasion of Ukraine]]{{cite web|url=https://www.aljazeera.com/news/2022/2/24/putins-speech-declaring-war-on-ukraine-translated-excerpts|title=”No other option”: Excerpts of Putin’s speech declaring war|publisher=Al Jazeera|date=24 February 2022|access-date=4 March 2022}} have used this article to legitimize their military incursions abroad.

This article was the impetus for [[pactomania|much international pact-making]] and has been cited by the [[United States]] as support for the [[Nicaragua v. United States|Nicaragua case]] and the [[legality of the Vietnam War]]. According to that argument, “although South Vietnam is not an independent sovereign State or a member of the United Nations, it nevertheless enjoys the right of self-defense, and the United States is entitled to participate in its collective defense”.[https://web.archive.org/web/20080509063049/http://www.benferencz.org/arts/8.html War Crimes Law And The Vietnam War], Benjamin B. Ferencz, The American University Law Review, Volume 17, Number 3, June 1968. Another aspect is if the right of self-defense still exists if the security council of the United Nations has taken measures to deal with the conflict.{{Cite web |last=Halberstam |first=Malvina |date=1996 |year=1996 |title=The right to self defense once the security council takes actions |url=https://core.ac.uk/download/pdf/232702197.pdf…



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