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Combating terrorism and the use of force against a state: a relook at the contemporary world order

Self-defence has long been understood as an inherent right of a State when it is militarily attacked by another State. After September 11, however, there have been attempts to reinterpret the meaning of ‘armed attack’ under Article 51 of the UN Charter to include attacks by terrorists - non-State ac...

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Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
Format: Article
Language:English
English
Published: Yijun Institute of International Law 2015
Subjects:
KZ Law of Nations
Online Access:http://irep.iium.edu.my/43824/1/Combatting_Terrorism_and_Use_of_Force_against_a_State_%28Journal_of_East_Asia_and_IL%29.pdf
http://irep.iium.edu.my/43824/3/43824_Combating%20terrorism%20and%20the%20use%20of%20force%20against%20a%20state_SCOPUS.pdf
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spelling my.iium.irep.438242017-11-22T01:04:00Z http://irep.iium.edu.my/43824/ Combating terrorism and the use of force against a state: a relook at the contemporary world order Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations Self-defence has long been understood as an inherent right of a State when it is militarily attacked by another State. After September 11, however, there have been attempts to reinterpret the meaning of ‘armed attack’ under Article 51 of the UN Charter to include attacks by terrorists - non-State actors. This paper critically examines the legal and policy considerations that promote a right of self-defence against terrorists by means of thoroughly analyzing the text of the UN Charter, State practice and the jurisprudence of the ICJ. The paper finds that a terrorist attack as such may not be an armed attack within the meaning of Article 51 of the Charter unless it is an act of a State or directly imputable to a State and is on a large scale with substantial effects. The paper concludes that unilateral use of force against a State in the name of self-defence is not the correct way of combating terrorism and that there are effective alternatives such as addressing the root causes of terrorism, resorting to law enforcement mechanisms or coercive countermeasures, and strengthening multilateralism. Yijun Institute of International Law 2015-05 Article REM application/pdf en http://irep.iium.edu.my/43824/1/Combatting_Terrorism_and_Use_of_Force_against_a_State_%28Journal_of_East_Asia_and_IL%29.pdf application/pdf en http://irep.iium.edu.my/43824/3/43824_Combating%20terrorism%20and%20the%20use%20of%20force%20against%20a%20state_SCOPUS.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2015) Combating terrorism and the use of force against a state: a relook at the contemporary world order. Journal of East Asia and International Law, 8 (1). pp. 107-131. ISSN 1976-9229 (P) 2287-9218 (O) http://www.yiil.org/home/en_journal
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Hamid, Abdul Ghafur@Khin Maung Sein
Combating terrorism and the use of force against a state: a relook at the contemporary world order
description Self-defence has long been understood as an inherent right of a State when it is militarily attacked by another State. After September 11, however, there have been attempts to reinterpret the meaning of ‘armed attack’ under Article 51 of the UN Charter to include attacks by terrorists - non-State actors. This paper critically examines the legal and policy considerations that promote a right of self-defence against terrorists by means of thoroughly analyzing the text of the UN Charter, State practice and the jurisprudence of the ICJ. The paper finds that a terrorist attack as such may not be an armed attack within the meaning of Article 51 of the Charter unless it is an act of a State or directly imputable to a State and is on a large scale with substantial effects. The paper concludes that unilateral use of force against a State in the name of self-defence is not the correct way of combating terrorism and that there are effective alternatives such as addressing the root causes of terrorism, resorting to law enforcement mechanisms or coercive countermeasures, and strengthening multilateralism.
format Article
author Hamid, Abdul Ghafur@Khin Maung Sein
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
title Combating terrorism and the use of force against a state: a relook at the contemporary world order
title_short Combating terrorism and the use of force against a state: a relook at the contemporary world order
title_full Combating terrorism and the use of force against a state: a relook at the contemporary world order
title_fullStr Combating terrorism and the use of force against a state: a relook at the contemporary world order
title_full_unstemmed Combating terrorism and the use of force against a state: a relook at the contemporary world order
title_sort combating terrorism and the use of force against a state: a relook at the contemporary world order
publisher Yijun Institute of International Law
publishDate 2015
url http://irep.iium.edu.my/43824/1/Combatting_Terrorism_and_Use_of_Force_against_a_State_%28Journal_of_East_Asia_and_IL%29.pdf
http://irep.iium.edu.my/43824/3/43824_Combating%20terrorism%20and%20the%20use%20of%20force%20against%20a%20state_SCOPUS.pdf
http://irep.iium.edu.my/43824/
http://www.yiil.org/home/en_journal
_version_ 1643612460044779520
score 13.211869

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