e.(49) Webster responded by stating that the only way for the British claim to self-defence to stand was if it met the traditional elements of just self-defence.(50) Webster outlined those elements as consisting of necessity of self-defence, and the reasonable and not excessive use of force.(51) In essence, this definition of just self-defence mirrors that proposed by Grotius. During the remainder of the 19th and early 20th centuries, just war theory underwent modest development. There were treaties, such as the Hague Conventions, which codified just war theory, but there was little major development in just war theory. That changed with the end of the Second World War. As a result of World War II, two basic documents were issued which resulted in increased recognition of just war theory in the international arena. The first document is the charter for the Nuremberg war crimes trials, and the second is the United Nations Charter. The Nuremberg Charter encapsulated the reigning notion of just war theory as represented by both St. Thomas Aquinas and Grotius.(52) The Nuremberg Tribunal established that just war theory, as Grotius understood it, is universally binding customary law.(53) The United Nations Charter also has contributed to just war theory by recognising the inherent right of each sovereign nation to self-defence.(54) Article 51 of the U.N.Charter affirms the right of each nation to self-defence, until the Security Council can take action in order to restore and stabilise international peace and security.(55) Article 51 states two key points in regard to international relations and the rightful use of force in international disputes: 1) the regulation of the use of force; and 2) collective security.(56) The U.N. Charter effectively outlaws the use of military force as a method of resolving international conflicts between nation-states.(57) At the same time, the charter recognises the inherent right of each nation to defend itse...
