EAN: 9783631570982

THE INTERNATIONAL LEGALITY OF SELF-DEFENSE AGAI...

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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