QUYỀN TỰ VỆ TRONG CÔNG PHÁP QUỐC TẾ QUA THỰC TIỄN MỘT SỐ CUỘC XUNG ĐỘT GẦN ĐÂY

Abstract

This study provides a comprehensive legal analysis of the right of self-defense under contemporary international law, with a particular emphasis on its invocation in recent armed conflicts. Anchored in Article 51 of the United Nations Charter and customary international law, the right of self-defense is subject to strict conditions relating to the occurrence of an armed attack, necessity, and proportionality. Nonetheless, its implementation in modern conflicts, most notably the Russian
Federation’s military intervention in Ukraine, Israel’s operations in Gaza, and U.S. trikes against non-state actors in the Middle East has given rise to significant legal controversy. Through the doctrinal method and comparative case study approach, this paper evaluates whether state practice aligns with established legal standards, and examines the implications of expanding interpretations such as anticipatory or preventive self-defense. The research concludes by highlighting the urgent need for clearer normative guidelines and enhanced international accountability to safeguard the integrity of the law governing the use of force.