(2013) 107 American Journal of International Law 570

There has, in recent years, been a body of scholarly work which asserting that a State has the right to use force in the territory of an innocent state, without that state’s consent, in self-defence. Notwithstanding that this proposition is both counter-intuitive and inconsistent with explicit conclusions by the international court of justice, these assertions have not been subject to any robust critique. In this article, Dire Tladi provides a critique of the assertion, relying on the foundational principles of international law.