Volume 7, Issue 1 (2003)
CLR 2003, 7(1): 165-180 |
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Kararnzadeh S. Terrorism and Self-Defense in International Law. CLR 2003; 7 (1) :165-180
URL: http://clr.modares.ac.ir/article-20-1016-en.html
URL: http://clr.modares.ac.ir/article-20-1016-en.html
Assistant Professor, department of low Shahed University
Abstract: (8960 Views)
Siamak Karamzadeh
Assistant Professor, department of Law, Shahed University
One of the methods which may be used in combating terrorism is the use of force by states. With the increase of terrorist acts, the use of force by victim states as a necessary response to terrorism has become inevitable. In state-sponsored terrorism, states do any efforts to support terrorism within or out of their borders. There is a consensus that states supporting terrorism engage in illegal activities and are internationally responsible for their acts. If International community is incapable to confront terrorism, especially state¬ sponsored terrorism, injured states have no alternative except defending their interests and security and nations. The question is whether on the bases of international law, there is any legal justification for using force against terrorism. At present, international documents especially UN Charter invite states to settle their disputes in a peaceful manner and ask them to avoid every measure comprising the use of force. Meanwhile, the context of Article 51 of the Charter is an exception to the general prohibition of the use of force. The UN Charter provides that force may be exerted in cases of self-defense in response to an armed attack. Where terrorist acts form a consistent pattern of violent terrorist action rather than just being isolated or scattered attacks, the victim states can use force against these actions. In this situation, the use of force can be justified as self-defense under Art. 51 of the Charter. When terrorist activities reach systematic proportions to constitute an armed attack, the attacked state may respond to these acts with force based on the actual necessity and proportionality between attack and defense.
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30
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