Topic: 2026 – Clarification of Article 51
Country: Hungary
Delegate Name: Maria Kamatoy
Article 51 of the United Nations Charter establishes the right of Member States to act in self-defense in case of an armed attack. States are generally prohibited from using force against one another under Article 2(4). Article 51 provides an expectation to this rule by recognizing the “inherent right of individual or collective self-defense if an armed attack occurs” against a Member of the United Nations. This is intended to be merely a temporary action and may only continue until the Security Council has taken necessary measures to restore peace. However, Article 51 has been a topic of significant disagreement among Member States, as its provisions continue to suffer from numerous ambiguities. For instance, the article does not clearly define what qualifies as an “armed attack”, leaving interpretation highly open. It also fails to specify whether states can act preemptively or preventively, nor clarifies how long such actions may continue before intervention of the Security Council is required. Similarly, requirements for reporting are vague. While states are required to notify the UN when acting in self-defense, the article does not clarify what information must be included in the report, allowing invoking states to excuse otherwise questionable actions with minimal UN intervention. A notable instance of misuse of Article 51 occurred in 2022, when a state claimed that Article 51 justified their invasion of another state. However, the invaded state had not committed any “armed attack” against it or any other U.N. member state. Even if attacks had occurred, Article 51 would not justify action in the case of self-defense because the contested regions were not U.N. members nor qualified as states under international law. Thus, these current ambiguities make Article 51 subject and vulnerable to misuse by states and emphasize the urgent need for the UN to provide clarification. To date, the United Nations has few measures to address the interpretation and application of Article 51, primarily through the Special Committee on the UN Charter (SCUNC). Debates have been hosted and reports have been received, but a binding clarification has not been produced to this date. In the 2024 opening session of the Special Charter Committee, it was noted that several delegations expressed concerns about the rising number of reports to the Security Council invoking Article 51 to justify armed attacks, especially against terrorist groups. Since 2021, Article 51 has reportedly been invoked at least 78 times by Member States that were seeking to justify armed action. A delegate of Mexico urged that “Article 51 cannot be invoked to justify a response to an armed attack that is carried out by a non-State actor that has no relationship with the State and should not undermine the territorial integrity of a Member State.” Mexico has also noted problems in which some Member States interpret Article 51 in different ways, some claiming that protecting commercial ships justify self-defense, with little debate on the legality of such actions. Hungary has not been directly involved in disputes over Article 51 and has not taken specific action in relation to the clarification of Article 51. However, the excessive ambiguities in the article impact the country’s security. As a member of NATO and the European Union, Hungary strongly relies on international defense agreements. This includes NATO’s collective defense under Article 5, which states that if one member is attacked, all members consider it an attack on themselves and respond collectively, and this closely links to the UN’s right to self-defense in Article 51. Hungary’s defense policies imply their support of international law, EU regulations, and other NATO commitments. The topic of Article 51 clarity is further important due to Hungary’s geographic location. Hungary borders Ukraine, Slovakia, Romania, Serbia, Croatia, Slovenia, and Austria, which are regions that have experienced political instability and other territorial disputes. Misuse of Article 51 by larger powers could indirectly threaten Hungary’s borders, economy, and security, potentially resulting in economic disruption and also pressure to participate in collective defense. The country of Hungary is open to any other solutions that other countries are proposing as long as they respect further clarity of Article 51. Hungary believes that implementing a more standardized reporting process, requiring states to submit detailed evidence and justification when invoking Article 51, would ensure that claims of self-defense are transparent, legally justified, and subject to review by the UN. This also addresses the current problem that the legality of invoking the article is minimally debated. Moreover, Hungary believes that all UN members should follow clear UN guidelines that define what constitutes, specifically, an “armed attack,” the conditions under which preemptive or preventive actions are allowed, and how long self-defense can continue before the Security Council must intervene.
Works Cited
Buchan, Russell. “Self-Defence as an Exception to the Principle of Non-Use of Force: Debunking the Myth.” EJIL: Talk!, 29 Nov. 2023, www.ejiltalk.org/self-defence-as-an-exception-to-the-principle-of-non-use-of-force-debu nking-the-myth/. “Delegates Focus on Peaceful Settlement of Disputes, Right to Self-Defence as Sixth Committee Takes up Special Charter Committee Report | UN Meetings Coverage and Press Releases.” Un.org, 12 Oct. 2018, press.un.org/en/2018/gal3573.doc.htm? Accessed 13 Feb. 2026. Hindsight, In. “In Hindsight: The Increasing Use of Article 51 of the UN Charter and the Security Council.” Security Council Report, 2025, www.securitycouncilreport.org/monthly-forecast/2025-10/in-hindsight-the-increasing-use-of-article-51-of-the-un-charter-and-the-security-council.php. ilrdigit. “An International Law Perspective on the U.S.’S Recent Strikes in International Waters – American University International Law Review.” American University International Law Review, 13 Jan. 2026, auilr.org/2026/01/13/an-international-law-perspective-on-the-u-s-s-recent-strikes-in-inter national-waters/. Accessed 13 Feb. 2026. “Opening 2024 Session of Special Charter Committee, Speakers Diverge on Sanctions, Self-Defence, Working Methods and World Court’s Role | UN Meetings Coverage and Press Releases.” Un.org, 20 Feb. 2024, press.un.org/en/2024/l3297.doc.htm. Accessed 13 Feb. 2026. Tsvety. “The Legal Foundations of NATO.” The Law to Know, 5 Sept. 2025, thelawtoknow.com/2025/09/05/nato/. Accessed 13 Feb. 2026. United Nations. “Chapter VII: Article 51 — Charter of the United Nations — Repertory of Practice of United Nations Organs — Codification Division Publications.” Un.org, United Nations, 1945, legal.un.org/repertory/art51.shtml.
