International law today is clear that every nation has the right to self-defence, extending to even the use of force. The right to self-defence can be exercised under both customary international law and the UN Charter and has been resorted to even outside the aegis of the latter. The justices opined that nations have a right to self-defence against terrorist attacks emanating from the territory of a state, even when the state is not supporting such actions. State practice, a prerequisite to the creation of customary international law, also supports the acceptance of this wide interpretation of the right to self-defence. The right to self-defence got further implicit recognition when the criticism of Israel’s deployment of forces in response to the abduction of two officers, was largely of the disproportionate use of force rather than the right to use force.

Source: Indian Express October 23, 2016 21:11 UTC