During the last decades, terrorism has become a serious threat for the national security in almost every region worldwide. Today, the threat of terrorism committed by international acting individuals and groups addresses not only military or police objectives. Furthermore, the number of civilian casualties is rising continuously and states are forced to find a solution how to cope with trans-national terrorism. Not only after the devastating terrorist attacks of 9/11 self-defence has been a convenient justification of violent and military measures to combat terrorists even beyond national borders. In fact, the use of force against states that harbour or support terrorists and terrorist groups in other nations has been a common deterrent. Yet, since September 11, 2001 the fight against terrorism has reached new dimensions, with states resorting to pre-emptive strikes against terrorism in other nations, a policy best expressed in the New Security Strategy of the United States stating that “The greater the threat, the greater is the risk of inaction— and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy’s attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act pre-emptively” (The National Security Strategy of the United States, September 2007). Yet, it is highly contested if this policy can be justified as a permissible use of force under Article 51 of the UN Charta in the wake of ongoing terrorist activities. Furthermore, the effects of this anti-terror measure are questionable since it is argued that apart from military strikes non-violent means may have similar impacts in order to minimize terrorism and maximize international collective security. By knowing that a comprehensive answer is hardly possible, the following this paper will analyze anticipatory self defence, embedded in the Customary International Law, can be justified under Article 51 of the UN Charta and argue that under certain circumstances it is legitimate for states to use force in anticipation of armed attack. Furthermore, this article will sketch possible non-violent anti-terror measures.
Inhaltsverzeichnis (Table of Contents)
- The legitimacy of anticipatory self defence
- Anticipatory self defence in the light of customary international law
- Anticipatory self defence under the UN Charter
- The fight against terrorism
- Non-violent counter-terrorism
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper analyzes the legitimacy of anticipatory self-defence under international law, particularly in the context of terrorism. It examines the role of customary international law and the UN Charter in justifying such actions. The paper further explores potential non-violent counter-terrorism measures.
- The legitimacy of anticipatory self defence under international law
- The relationship between customary international law and the UN Charter
- The application of anticipatory self defence in the context of terrorism
- The importance of non-violent counter-terrorism measures
- The role of the United Nations in combating terrorism
Zusammenfassung der Kapitel (Chapter Summaries)
- The legitimacy of anticipatory self defence: This chapter introduces the concept of anticipatory self defence and its relevance in the contemporary world, particularly in the context of terrorism.
- Anticipatory self defence in the light of customary international law: This chapter examines the historical development and legal basis of anticipatory self defence under customary international law.
- Anticipatory self defence under the UN Charter: This chapter analyzes the provisions of the UN Charter related to self-defence and explores the extent to which they permit or restrict anticipatory self defence.
- The fight against terrorism: This chapter examines the specific challenges posed by terrorism and the arguments for and against the use of anticipatory self defence as a response.
- Non-violent counter-terrorism: This chapter explores various non-violent approaches to counter terrorism, including international cooperation, economic sanctions, and addressing the root causes of terrorism.
Schlüsselwörter (Keywords)
Key terms and concepts explored in this paper include anticipatory self defence, customary international law, UN Charter, terrorism, non-violent counter-terrorism, international cooperation, economic sanctions, and root causes of terrorism.
- Arbeit zitieren
- MSc. M.A. Robert Fiedler (Autor:in), 2008, Legitimacy of anticipatory self defence, München, GRIN Verlag, https://www.grin.com/document/163705
