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~130right of individual or collective self-defense if an armed attack occurs against
a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and sccurity."
The limited nature of this exception should be carefully noted.
It is
available only in the case of arned attack and only when and so long as the
Security Council has failed to take adequate measures.
Furthermore, as the
remaindor of the Article makes clear, action taken in alleged self-defense is
subject to scrutiny by the Council,
If the Council finds that such action was
not self-defense within the limited meaning of the text, this finding would _
amount to a decision that the member had resorted to an illegal use of force,
The member, unless one of the five enjoying the right of veto, would then be
subject to such enforcenent measures as the Council might decide to be neccssary
for the restoration of international peace and security.
The legal difference
between the five permment members of the sound?and her members of the
United Nations Organization would hardly be natohstenp-4o great a difference in
actual fact, sinec any given member would usually be able to count on the support of at least one of the five great powers.
This would be particularly likely
in cases of "collective self-defense," which means joint defense under a regional
or other limited arrangenent.
Host of such arranganents would involve one or
another of the permanent members of the Security Council; and the permanent
nember'ts veto would nornally be available te prevent any preventive or punitive
action,
The "inherent right" of self-defense will be no less precious in an age of
atomic weapons than it has been in the past.
It becomes doubtful, indeed,
whether the limitation of the right to cases of "armed attack’ can be sustained
if such weapons are available to an aggressor.
Cana state, satisfied that
another state is preparing to bombard its cities with atomic projectiles, and
sceing no adequate preventive ncasures undertaken by the Security Council, be
expected to wait until the first bombs have landed before taking steps to
AS