Book contents
- Self-Defence against Non-State Actors
- Max Planck Trialogues on the Law of Peace and War
- Self-Defence against Non-State Actors
- Copyright page
- Contents
- Introduction to the Series: Trialogical International Law
- Introduction Dilution of Self-Defence and its Discontents
- 1 The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law?
- 2 Self-Defence against Non-State Actors: Making Sense of the ‘Armed Attack’ Requirement
- 3 Self-Defence, Pernicious Doctrines, Peremptory Norms
- Conclusion Self-Defence against Non-State Actors – The Way Ahead
- Index
Conclusion - Self-Defence against Non-State Actors – The Way Ahead
Published online by Cambridge University Press: 29 July 2019
- Self-Defence against Non-State Actors
- Max Planck Trialogues on the Law of Peace and War
- Self-Defence against Non-State Actors
- Copyright page
- Contents
- Introduction to the Series: Trialogical International Law
- Introduction Dilution of Self-Defence and its Discontents
- 1 The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law?
- 2 Self-Defence against Non-State Actors: Making Sense of the ‘Armed Attack’ Requirement
- 3 Self-Defence, Pernicious Doctrines, Peremptory Norms
- Conclusion Self-Defence against Non-State Actors – The Way Ahead
- Index
Summary
This Trialogue has discussed whether and – if yes – under which conditions international law as it stands allows for self-defence against non-State actors on the territory of a non-consenting State. Unsurprisingly, it has not come up with one clear answer. Rather, it has come up with three distinct answers – the contrast and interplay of which illuminate the facets and intricate details of one of the most pressing problems of international peace and security law. Dire Tladi advocates an inter-State reading of self-defence based on a thorough investigation of the UN Charter framework and recent State practice and thus concludes that self-defence against an ‘innocent’ State is unlawful. Christian Tams arrives at the opposite result. Employing – as Tladi does – a principally positivist method, his finding is that the better interpretation of the law is open for self-defence against non-State actors.
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- Chapter
- Information
- Self-Defence against Non-State Actors , pp. 258 - 281Publisher: Cambridge University PressPrint publication year: 2019