The International Legality of Self-Defense Against Non-State Actors : State Practice from the U.N. Charter to the Present
Book Details
Format
Paperback / Softback
ISBN-10
3631570988
ISBN-13
9783631570982
Publisher
Peter Lang AG
Imprint
Peter Lang AG
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Oct 3rd, 2007
Print length
268 Pages
Weight
366 grams
Dimensions
15.00 x 20.90 x 1.80 cms
Product Classification:
Comparative politicsMilitary administrationInternational law
Ksh 11,600.00
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The international right to self-defense was subject to legal and political controversies long before September 11, 2001. On several occasions, states resorted to defensive military force against different internationally operative armed groups. This work seeks to show the precise conditions for self-defense against non-state actors as indicated by state practice since 1945. Based upon a detailed evaluation of almost 20 relevant conflicts, it is argued that state practice does not warrant limiting Article 51 of the U.N. Charter to armed attacks by states and ignoring non-state attackers. In fact, states almost never contended that already the formal legal nature of a non-state attacker excludes the possibility of military self-defense. The current view of the International Court of Justice is insofar not consonant with state practice.
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