This is a very helpful short overview, but it requires a couple of clarifications. First, you do not mention that the use of force in self-defense is conditioned upon it being in response to an armed attack. There was no imminent or ongoing armed attack being launched from within Qatar. Second, the "unwilling or unable" doctrine is not widely accepted as part of the doctrine of self-defense - meaning that states cannot use force against an armed group within the territory of another state on the mere assertion that the host state is "unwilling or unable" to prevent the imminent or ongoing armed attack. Rather, per the ICJ's formulation in Nicaragua v. United States, one has to establish that the host state is substantially involved in the actions of the armed group - or get its consent to the use of force against the armed goup.
Hi Craig, thanks for your thoughtful comment and delighted to find another international lawyer here on Substack! Your points are relevant and were of course considered, but it’s always tough making choices when trying to keep things very brief and simple…! However, I will definitely consider how to slot them in. Thanks and looking forward to engaging with you further! Yusra
This is a very helpful short overview, but it requires a couple of clarifications. First, you do not mention that the use of force in self-defense is conditioned upon it being in response to an armed attack. There was no imminent or ongoing armed attack being launched from within Qatar. Second, the "unwilling or unable" doctrine is not widely accepted as part of the doctrine of self-defense - meaning that states cannot use force against an armed group within the territory of another state on the mere assertion that the host state is "unwilling or unable" to prevent the imminent or ongoing armed attack. Rather, per the ICJ's formulation in Nicaragua v. United States, one has to establish that the host state is substantially involved in the actions of the armed group - or get its consent to the use of force against the armed goup.
Hi Craig, thanks for your thoughtful comment and delighted to find another international lawyer here on Substack! Your points are relevant and were of course considered, but it’s always tough making choices when trying to keep things very brief and simple…! However, I will definitely consider how to slot them in. Thanks and looking forward to engaging with you further! Yusra