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casus belli

Latin · KAY-sus BEL-eye · International law

Meaning. An act or event that a state puts forward as its justification for going to war.

In classical international law a casus belli was a grievance (an insult, an attack on nationals, a breach of treaty) treated as a sufficient reason to start a war. War was then a lawful instrument of policy.

The UN Charter changed this. Article 2(4) prohibits the threat or use of force against another state, and the only accepted exceptions are self-defence against an armed attack (Article 51) and action authorised by the Security Council under Chapter VII. A grievance, however serious, no longer gives a lawful right to wage war; the question now falls under jus ad bellum. Do not confuse it with casus foederis, the event that triggers an obligation under a treaty of alliance.

Example

Even a proved border provocation is not a lawful casus belli today unless it amounts to an armed attack justifying self-defence under Article 51 of the Charter.

In Indian law

  • Article 2(4), Charter of the United Nations (prohibition of the use of force)
  • Article 51, Charter of the United Nations (inherent right of self-defence against an armed attack)

See also

jus ad bellum · jus in bello

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