Allow me to thank Mexico for convening an Arria on the topic of Article 51 of the UN Charter, and Professor Naz K. Modirzadeh for her intervention.
I would like to start my intervention by reaffirming Estonia’s unwavering commitment to promoting respect for international law and rules-based international order.
In general, use of force in international relations goes against the principles enshrined in the Charter of the United Nations, as all States shall refrain from the threat or use of force against another State. Exceptions for the legal use of force are limited to specific cases mentioned in the Charter. The first such exception is when the UN Security Council so decides in order to maintain or restore international peace and security. The second is self-defence.
Article 51 of the Charter as well as customary international law grant States the inherent right of individual or collective self-defence. The Charter does not delimit the right of self-defence to cases where an armed attack is organized by a State. The right of self-defence must also exist against non-state actors.
The host State has the primary obligation to ensure that its territory is not used to breach international peace and security. However, the activities of the host State are often not sufficient to prevent non-state actors from organizing attacks.
In such a case, as the right to self-defence is “inherent” according to Article 51, it exists also against non-state actors operating in the territory of another State. This has come up in Security Council practice since 2001. Denying States the right of self-defence against non-state actors operating in the territory of another State in principle would otherwise place the victim State in an impossible position.
Even so, we need to emphasise that the use of self-defence against non-state actors as well as against any other imminent attacks must remain exceptional and strictly correspond to the principles of necessity and proportionality. The Charter furthermore requires that the notifications be made immediately.
We also note that according to the Charter States have the right of self-defence until the Security Council itself takes measures necessary to maintain international peace and security. However, the Security Council has not always adequately responded to such breaches and States have therefore retained their right to self-defence in default of Security Council involvement.’
Finally, let me also assure you that Estonia is open to discuss the ways to enhance the transparency and availability of notifications made under Article 51, and related correspondence.
Thank you.