The legal regime governing the use of lethal force in the fight against terrorism

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Abstract

Introduction. The case study that forms the starting point for this analysis involves use of lethal force by one State (A) against a non-state actor who is currently in the territory of another State (B). State A claims that the said non-state actor is involved in terrorist activities directed against it or its citizens, and that State B has failed to take action to apprehend him and put an end to his terrorist activities, because it is either unwilling or incapable of doing so. The question for discussion is which regime of international law applies to the action of State A. In analysing this question it is important to distinguish between two separate, though connected, issues: legality of using force in the territory of another state; the right to life of the individual concerned. Legality of using force in territory of another state Article 2(4) UN Charter obliges members to ‘refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state’. There are, of course, exceptions to this prohibition. First and foremost among these is use of force in exercise of the inherent right of a state to self-defence, recognized in Article 51 of the Charter.

Original languageEnglish
Title of host publicationCounter-Terrorism Strategies in a Fragmented International Legal Order
Subtitle of host publicationMeeting the Challenges
PublisherCambridge University Press
Pages559-588
Number of pages30
ISBN (Electronic)9781139178907
ISBN (Print)9781107025387
DOIs
StatePublished - 1 Jan 2011

Bibliographical note

Publisher Copyright:
© Cambridge University Press 2013.

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