Contestazioni e acquiescenze al ricorso alla legittima difesa ex Art. 51 della Carta delle Nazioni per rispondere ad attacchi provenienti da attori non statali

The present contribution assesses the recent State practice and manifestations of opinio juris by States within the United Nations with regard to the application and interpretation of Article 51 of the UN Charter in relation to armed attacks perpetrated by non-State actors, including terrorist organizations. While the dedicated meeting of the Security Council held on 24 February 2021 has not provided definitive answers concerning the legality of forcible measures on the territory of another State, it has reinforced the broad and trans-regional support that such application and interpretation has gained in the last twenty years and the trend towards the re-emergence of a customary rule legitimizing such interventions when certain conditions are met. At the same time, it has confirmed the persistent objection by Latin American countries to that customary rule.