5cjxburmr

the right of self-defense, actions taken in self-defense against non-State actors must comply withapplicable international law. 2361.11.5.5 Right of Collective Self-Defense. Article 51 of the Charter of the UnitedNations also recognizes a right of States to engage in collective self-defense with a State that canlegitimately invoke its own right of national self-defense. Collective self-defense of a State mustproceed with that State’s consent, although this consent need not necessarily be expressed in theform of an explicit request. 237Some treaties include commitments by States to assist one another in collective selfdefense.2381.11.5.6 Reporting to the U.N. Security Council. Measures taken in the exerciseof national self-defense shall be immediately reported to the U.N. Security Council. 239to resort to armed force in self-defense in response to these attacks. For instance, the United Nations explicitlyrecognized the ‘inherent right of individual and collective self-defence’ immediately following September 11. It isin this context that NATO and others recognized that the September 11 attacks constituted an ‘armed attack,’ aconclusion inherent in the UN Security Council’s recognition of the right of self-defense.”).236 Refer to § 17.18.2 (Duty of Belligerent States to Respect the Sovereignty of Other States).237 See also BRUNO SIMMA, THE CHARTER OF THE UNITED NATIONS: A COMMENTARY 675 (1994) (“Art. 51 of theCharter allows not only individual, but also collective self-defence. The latter is not, as the wording might suggest,restricted to a common, co-ordinated exercise of the right to individual self-defence by a number of states. … It isnot required for the exercise of the right of collective self-defence that the state invoking the right be under anobligation resulting from a treaty of assistance. Rather, it is sufficient, but also necessary, that the support be givenwith the consent of the attacked state. But this consent does not, as the ICJ states for the right of self-defence undercustomary law, need to be declared in the form of an explicit ‘request’.”).238 For example, The North Atlantic Treaty, Washington, D.C., Apr. 4, 1949, art. 5 (“The Parties agree that an armedattack against one or more of them in Europe or North America shall be considered an attack against them all andconsequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual orcollective self-defense recognized by Article 51 of the Charter of the United Nations, will assist the Party or Partiesso attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary,including the use of armed force, to restore and maintain the security of the North Atlantic area.”).239 U.N. CHARTER art. 51 (“Measures taken by Members in the exercise of this right of self-defence shall beimmediately reported to the Security Council and shall not in any way affect the authority and responsibility of theSecurity Council under the present Charter to take at any time such action as it deems necessary in order to maintainor restore international peace and security.”).49