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Part III The Prohibition of the Use of Force, Self-Defence, and Other Concepts, Ch.33 When Does Self-Defence End?

Terry D Gill

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

Subject(s):
Self-defence — Terrorism — Terrorism, financing

This chapter discusses issues surrounding the suspension and termination of the right of self-defence. More specifically, it examines whether the right to exercise self-defence ends once an initial attack has been dealt with, or whether the right to exercise self-defence remains operative until the threat has been neutralized. The chapter first considers the nature of self-defence and the modalities of armed attack in relation to the duration of the initial attack and possible subsequent attacks. It then looks at the principles of necessity, proportionality, and immediacy in the context of the ongoing exercise of self-defence. Finally, it assesses the implications of the UN Security Council’s collective security measures for the continued exercise of the right of self-defence.

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