Abstract This article examines the growing practice of invoking self-defense to justify the use of force in another state’s territory without its consent, particularly in operations against non-state armed groups. It argues that contemporary interpretations o…
Self-Defense Without Consent: Selective Sovereignty in the Law of War
The article discusses the legal and operational implications of invoking self-defense to justify cyber or kinetic operations in another state’s territory without consent, particularly against non-state armed groups. This practice challenges traditional sovereignty norms and could embolden state actors to bypass international law, affecting global cybersecurity frameworks and escalating geopolitical tensions. Legal ambiguity and lack of consensus on defining 'self-defense' in digital or hybrid conflicts exacerbate the risk of unintended escalation.