India’s statement raises questions of whether a state has a right to self-defense against a nonstate actor when the latter’s conduct has not been attributed to another state, what qualifies as an “imminent” armed attack, and whether India is endorsing the unable-or-unwilling test.
Latest in Unwilling or Unable
We provide an up-to-date list of the States that have expressed support for the “unwilling or unable” test (explicitly or implicitly), with the aim of making as much information as possible available in one place.
Until now, Belgium's contribution to the air campaign against ISIS has been limited to strikes on targets in Iraq. This constraint reflected, at least in part, a sense that the legal case for strikes in Iraq (from a UN Charter perspective) was clear (in light of the consent of the Iraqi government), whereas the legality of strikes in Syria (where the Assad regime did not consent) was murkier.
Russian assistance to Syria may negate the international legal basis on which the United States, Australia, Turkey, Iraq, and others have justified their intervention in Syria.