With reference to your article (Experts query whether drone strike on British jihadis was legal,8 September), article 51 of the UN constitution is not a blank cheque for countries to engage in military action on the grounds of “self-defence”. As the final article of chapter 7 of the UN constitution, and it first of all refers to an attack by one state against another state,and nowhere refers to “imminent” or “planned” attack, but only to an actual, and physical military attack against a state. What article 51 makes provision for is that a state that has already been attacked by another state may respond militarily in self-defence until such time as the security council has taken measures essential to preserve international peace and security.
Article 51 further requires the state in question to report “immediately” to the UN security council so that it can take appropriate action to restore international peace and security. Did the prime minister report the drone attack that killed Reyaad Khan immediately to the security council on 21 August in accordance with article 51 of the UN constitution? I doubt it.
Dr Timmon Wallis
LondonContinue reading...
Source: theguardian.com