Did Trump breach the U.N. Charter?

[Arkansas Granny]

President Trump’s threat to destroy North Korea provoked a debate among scholars of international law about whether he had violated a tenet of the United Nations Charter.

Article 2(4) of the Charter says countries should “refrain in their international relations from the threat or use of force” against another country, and grants exceptions only for instances sanctioned by the Security Council or acts of self-defense.

In this case, there was no authorization from the Security Council, so the question is: Was Mr. Trump justified on the basis of self-defense?


https://www.nytimes.com/2017/09/20/world/united-nations-general-assembly.html?smid=tw-nytimes&smtyp=cur&_r=0

There are pro and con remarks at the link.

[no_hypocrisy]

1. Not IMO. Not self defense.

You have to be attacked as a prerequisite to justify self defense.

In criminal law, if you take the first swing after being taunted, threatened, etc., it isn't self defense. This situation with Trump doesn't rise remotely close to self defense. Perhaps if a missile ended up splashing down in the Pacific Ocean, say 250 miles (arbitrarily) from the California coast or Hawaii, one could argue that it failed but was intended to hit its target.

While Kim is playing a game of nuclear chicken when a miscalculation/accident could occur, he hasn't attached a nuclear warhead, and only engaged in verbal taunting and posturing with Trump, knowing it makes Kim look good as a leader and it provokes Trump.

[Arkansas Granny]

2. That's the way I see it, also.