Joe Costello
Ceist:102 Mr. Costello asked the Minister for Foreign Affairs if the Government accepts that the principle of pre-emption is in violation of the United Nations Charter; and if he will make a statement on the matter. [9840/03]
Written Answers. - International Peace and Security.
The Government is of the view that threats to international peace and security should be dealt with through the United Nations, and in accordance with the charter of the United Nations.
Article 2(4) of the United Nations Charter contains a general prohibition on the use of force: subject to two exceptions, both set out in chapter VII of the charter. These are self defence, Article 51, and collective enforcement action authorised by the Security Council in response to threats to or breaches of international peace and security or acts of aggression, Article 42.
Article 51 of the charter recognises the right of states to take action in pursuit of individual or collective self-defence, if an armed attack occurs against a member of the United Nations. The charter requires states taking such action to notify the Security Council immediately.
It is widely accepted that the right to self-defence encompasses an entitlement to take limited and proportionate action where necessary to counter the threat of imminent attack. In any case, it is clear from the charter that the right to act in self-defence is recognised only until such time as the Security Council has itself taken measures necessary to maintain or restore international peace and security.