EJIL: Debate!

• Beer, Yishai 1

Abstract

Though the UN Charter regulates the starting point of lawful self-defence, neither it nor customary law determines its lawful end. This article tries to draw the contours of such lawfulness based on the ad bellum necessity rule. Under the prevailing law, the aggressor may gain control over ending the lawful war. Usually, whenever it stops its aggression and is willing to retreat, the assumption is that this brings the emergency situation to an end and negates the victim’s temporary and exceptional right to fight. Contrarily, this article suggests that the keys to ending a war should mainly be left to the victim, who must present a convincing case that it has ended its self-defence at the first reasonable opportunity, according to its geostrategic considerations.

• 1Email: yishaib@idc.ac.il