International Law Assignment : Kenya 's Rights Essay

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PBL3001H: International law assignment
1. Whether Kenya has a right to use force against al-Shabaab in Somalia?
The use and threat of the use of force is prohibited by article 2(4) of the United Nations Charter . The only exception in which States may use force unilaterally (without authorisation of the United Nations Security Council), is when they invoke the right of self-defence . The right of self-defence can only arise in situations where the state’s security is threatened, and its vital interests are at stake . While it has been argued that the right to self-defence is inherent, the limitations of the right ‘are inherent in very concept of self-defence’.
The right to self-defence is both a right under customary international law , and is established by, regulated and constrained by article 51 under the UN Charter. The right to self-defence conceptualised traditionally is wherein a State uses force in self-defence against another State . However, situations involving the use of force have not been limited to State actors, most notably the acts of terrorism committed against the United States of America on 11 September 2001.The United Nations Security Council passed Resolutions 1368 and 1373 in which they acknowledged the ‘inherent right of self-defence’ that states have . Following this, the US and UK bombed Afghanistan on the basis that the government had allowed the terrorist group to operate from the country, and by virtue of this, made themselves complicit to an
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