British Action in Libya 2011: The Lawful Protection of Nationals Abroad?

Abstract

The forcible protection of one states’ own nationals on another state’s territory is one which stretches the boundaries of the broader, inherent right of self-defence available to states under international law. Known as the ‘protection of nationals abroad’ this doctrine is one which remains, at best, highly controversial. This Article examines the lawfulness of action taken by British forces when they rescued and evacuated British nationals prior to Libya descending into civil war. It also considers the extent to which action by British forces fits within the highly controversial paradigm of ‘protection of nationals abroad’.