Kenya Walks Tightrope in Somalia

December 17, 2011

The Nairobi Law Monthly just published my article on Kenya’s use of force in its crackdown on Al-Shabaab and efforts to secure the borders. I argue that the use of force in self-defense against Al-Shabaab, a non-state actor, does not have proper legal grounding under Article 51 of the Charter of the United Nations and indeed under customary international law. Nevertheless, if Kenya now has a proper legal basis in proceeding against the group, its use of force is still governed by international law. Such use of force must be necessary and proportionate.

Click here to read the article.