Skip to main content Accessibility help
×
Home
Hostname: page-component-59b7f5684b-fmrbl Total loading time: 0.448 Render date: 2022-10-02T20:52:31.593Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "displayNetworkTab": true, "displayNetworkMapGraph": true, "useSa": true } hasContentIssue true

Conclusion - Self-Defence against Non-State Actors – The Way Ahead

Published online by Cambridge University Press:  29 July 2019

Mary Ellen O'Connell
Affiliation:
University of Notre Dame, Indiana
Christian J. Tams
Affiliation:
University of Glasgow
Dire Tladi
Affiliation:
University of Pretoria
Get access

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.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×