Topic: 2026 – Clarification of Article 51
Country: Gabon
Delegate Name: Madelyn Tolsma
Article 51 is a crucial element to the UN charter affirming nations right to self defense. However because of its incredibly vague nature there are no clear guidelines in regards to what qualifies actions of self defense as justified under UN charter. It also fails to clarify the definition for an armed attack. As a result a myriad of opportunities for nations to misuse the rights granted by Article 51 present themselves.
A key point of contention across debates over these guidelines is whether or not actions against terrorist organizations meet the qualification for just use of Article 51. Many member states argue that if a country is unwilling or unable to prevent or otherwise supporting terrorist operations then they ought to be granted the right of self defense against non-state actors. Others have raised massive concerns over the notion, arguing actions of international self defense against non-state actors are only justified under the guidelines the use of force is executed in another states territory and with said states consent. Tensions around the subject are notably high recently due to conflicts such as Israel putting force onto Qatar as a result of the actions Hamas took in the country. Another notable point of debate is weather or not self defense is valid under specific cases where attack is deemed imminent, but not yet carried out. Its a fairly new concept mostly supported by the USA and its allies, and has been met with major critique from other members. Particularly, China blatantly stated such actions would be using force arbitrarily in the name of self defense. Finally many member states have expressed discontent over the contents of reports made to the Security Council under article 51. there is little consistency in the way the Council responds to Article 51 reports. They do not automatically trigger a Council meeting, and while the issues raised in the reports are usually discussed informally by Council members’ legal advisers, there is no guarantee that the discussion will progress beyond that stage. If the wider issue that the report is related to is sufficiently high profile, then aspects of the report may be discussed during a Council meeting, but when this happens, consideration of Article 51 is often subsumed by a broader political discussion, and the report may not be addressed directly. Member states have complained that these inconsistencies have made it difficult to identify and access Article 51 reports, with some calling for a clearer, timely system for distributing them to states outside the Council. Mexico, which has been particularly active in relation to this issue, has gone further and suggested that the lack of clarity surrounding Article 51 reports and the Council’s response to them has inhibited member states’ ability to adequately react when other states claim to be acting in self-defence.
The Republic of Gabon Is allied with the A.U in regards to what is justified as self defense, critiques the notion that any first use of force does not qualify under the label of self defense, affirms the right to collective force in regards, actions against humanity, armed attacks, and supports member states right to defend against non state actor. Committed to holding
“First, self-defense interventions are not legally gray actions under risk. Their legality is determined regardless of whether the UNSC eventually approves the intervention. Indeed, the benefit of self-defense is that its legality is determined by objective criteria independent of UNSC politics.
Second, self-defense interventions bridge the gap between the legal and operational systems. Interventions undertaken in self-defense reflect an operational reality—the inefficacy of the UNSC. However, they also fit within the legal system by not usurping the body’s powers. The legal system is preserved, even while the operational system remains flexible.”
Works Cited:
https://www.securitycouncilreport.org/monthly-forecast/2025-10/in-hindsight-the-increasing-use-of-article-51-of-the-un-charter-and-the-security-council.php
file:///C:/Users/dartf/Downloads/A_AC.182_L.159-EN.pdf
https://cjil.uchicago.edu/print-archive/african-unions-right-humanitarian-intervention-collective-self-defense
https://www.justsecurity.org/121542/increasing-use-article-51-unsc/
