Humanity and wars of self-defence

Abstract

The right to self-defence is commonly perceived to exemplify the state-centred character of the jus ad bellum that leaves little room for concerns of humanity. In contrast to this perception, the present contribution argues that the right to self-defence protects not only statehood and sovereignty, but also self-determination and individual well-being. The normative core of the right to self-defence is therefore not purely state-centred, but also receptive to concerns of humanity. This duality in the protective purpose of the right to self-defence has practical implications for the application of the right and the interpretation of its limitations. In addition, the symmetry between the state and humanity as objects of protection shows that the two are conceptually much closer to each other than is often deemed the case.