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/ http://irep.iium.edu.my/43824/ 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

id	iium-43824
recordtype	eprints
spelling	iium-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 PeerReviewed 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
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/43824/ 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
first_indexed	2023-09-18T21:02:23Z
last_indexed	2023-09-18T21:02:23Z
_version_	1777410709819228160

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

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