3. Self-defence in customary international law.

3.     Self-defence in customary international law.

In customary international law a state has a right of self-defence1. Self-defence is a justification for what would otherwise be an illegal resort to force. In order to justify a particular use of force as self-defence there must be a necessity of self-defence, instant and overwhelming, leaving no choice of means and no moment for deliberation2. In so far as it is justified at all, the hot pursuit by a state's authorities of persons from its territory into the territory of another could possibly be justified as self-defence3