The protection of nationals abroad: lawfulness or toleration? A commentary

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 the one that 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’. This article suggests that the paradigm operates along a continuum. Certain instances of forcible protection are clearly unlawful yet are ‘tolerated’ by the international community. Meanwhile other means of forcible protection are both unlawful and intolerable