The Right Of Self-defense Is Applicable In Attacking Somalia Pirates

In the traditional international law, the right of self-defense has been consideredan inherent right of the state, the state can only own judgment to exercise the right ofself-defense, and be sacred from the restriction of other countries or internationalorganizations. In the modern international law, established the United Nationscollective security system to protect international peace and security, promote thedevelopment of human society, the right of self-defense be embody in the moderncollective security mechanism, become the exception to the principle of prohibit theuse of threats or force, modern collective security system also restrict the right ofself-defense, including substantive and procedural restrictions, substantive restrictionsinclude the main, object, range and degree of exercise the right of self-defense,procedural restrictions include the main of right of self-defense should report on theUnited Nations Security Council the method and degree of exercising the right ofself-defense, and before United Nations Security Council adopting measure. Somaliapirates is one of the hot issues of present international community, various countries,international organizations and international law scholars attach great importance toSomalia pirates. Somali pirates is becoming more dangerous. United Nations SecurityCouncil was adopted1816resolution in2008, Called on all states to send warships tothe Gulf of Aden and the Somalia coast to protect the safe navigation of variouscountries trader，fisher，or international humanitarian relief vessels to go through Gulfof Aden and the Somali coast. Legal basis for countries convoy operations include theinternational covenant, such “the Charter of United Nations”,“Geneva Convention onthe High Seas”. At the same time, in the specific convoy practice, states can also beapplied to modern international law about the right of self-defense against Somalipirates. This paper analyzes before and after the United Nations Security Council1816resolution, states and international organizations apply the right of self-defense.In the concrete practice, the right of self-defense in the fight against Somali pirates inthe applicable have positive and passive influence to modern collective securitysystem, this influence will advance the reform of modern collective security systemthat center is United Nations，The reform mainly show three aspects: firstly, enactingthe legal consequences of abusing the right of self-defense; secondly, reforming theUnited Nations Security Council; thirdly, perfecting international cooperation mechanisms. Modern collective security system develop and improve continuously inorder that protect international peace and security. For the fight against Somali pirates,the application of more appropriate international law to strengthen cooperationbetween countries, Give full play to the role of the United Nations, Will promote theSomali pirates issue to be resolved soon.