Trigger
Author | Craig Forcese |
Pages | 211-219 |
211
Chapter 27
Trigger
Nothing in the present Charter shall impair the inherent right of individual
or colleive self-defence if an armed attack occurs.
— un Charter, artiCle 51
I has become the modern world’s new obstacle
to war, how rigorous a legal rule does itprovide? Is it a meme
whose content guides conduct, or simply a mantra repeated rit-
ualistically as a slogan?
As this book has done before, it is simple to paraphrase Webster’s
formula: a necessity of self-defence, instant, overwhelming, leaving
no choice of means, and no moment for deliberation, in which the
defender does nothing unreasonable or excessive; and keeps clearly
within the necessity impelling the defence. Even in Webster’s time,
there was nothing truly novel about a formula built around immin-
ence, necessity, and proportionality — as argued earlier, these
elements can be traced to naturalist-infused writings of jurists influ-
ential during Webster’s times. But 175 years after its coining, it is
dicult to ascribe precise meaning to Webster’s pithy 1841 formula.
Certainly, the three elements of this test can be repackaged in
fuller form. A right to self-defence exists where
• “(a) an armed attack is launched, or is immediately threatened,
against a state’s territory or forces (and probably its nationals)”
(the requirements of imminence and armed attack);
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
