International law recognises a right to collective self-defence. This allows a state to come to the aid of another state that has come under attack by a foreign power, in an exception to the prohibition on the use of force in international relations. Collective self-defence is enumerated as an inherent right in the Chapter VII, Article 51 of the Charter of the United Nations.
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👉 Collective self-defence in the context of Use of force in international law
The use of force by states and inter-governmental organizations in international law is controlled by both customary international law and by treaty law. As a legal matter, the use of force may be justified only in self-defense or when authorized by the United Nations Security Council. The UN Charter reads in article 2(4):
This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter. Firstly, the Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Secondly, Article 51 also states that: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations." There are also more controversial claims by some states of a right of humanitarian intervention, reprisals and the protection of nationals abroad. Concomitant with Article 51’s right to self-defense it Article 2(4)’s prohibition against “the threat or use of force against the territorial integrity or political independence of any state."
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Collective self-defence in the context of Legislation for Peace and Security
The legislation for peace and security (Japanese: 平和安全法制, Hepburn: Heiwa anzen hōsei) is a package of legislation that enables Japan to exercise the right to collective self-defence in certain situations. In 2014, an advisory panel formed by Prime Minister Shinzo Abe recommended that Article 9 of the Japanese Constitution, which prohibits the use of military force to resolve international disputes, be reinterpreted to allow Japan to mobilise the Japan Self-Defence Forces to assist an allied country that has come under attack. Legislation to facilitate this change was submitted to the Japanese parliament in May 2015. Despite some public opposition, the law was passed by the House of Representatives in July 2015, and the House of Councillors in September 2015, coming into effect in March 2016.