Combating Terrorism and the Use of Force against a State: A Relook at the Contemporary World Order

Author:Abdul Ghafur Hamid @ Khin Maung Sein
Pages:107-108
SUMMARY

Self-defence has long been understood as an inherent right of a State when it is militarily attacked by another State. After September 11 attacks, 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... (see full summary)

 
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Combating Terrorism 107
VIII JEAIL 1 (2015)
Abdul Ghafur Hamid @ Khin Maung Sein
Self-defence has long been understood as an inherent right of a State when it is
militarily attacked by another State. After September 11 attacks, 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
       
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.
Keywords
Terrorism, Self-defence, Article 51. Armed Attack, State Responsibility,
Security Council, ICJ
Combating Terrorism
and the Use of Force against
a State: A Relook at the
Contemporary World Order
Professor of Law and Coordinator of the International Law and Maritime Affairs Research Unit of the International
Islamic University Malaysia (“IIUM”), Kuala Lumpur, Malaysia. LL.B./LL.M. (Yangon), Ph.D. (IIUM). ORCID:
http://orcid.org/0000-0003-2439-8642. This article is a fully revised and updated version of the paper presented at The
Asian Conference on Politics, Economics and Law 2013, Osaka, Japan, on November 21-24, 2013. The author may
be contacted at: ghafur@iium.edu.my / Address: Ahmad Ibrahim Kulliyyah of Laws, International Islamic University
Malaysia, P.O. Box 10, 50728 Kuala Lumpur, Malaysia.
DOI: http://dx.doi.org/10.14330/jeail.2015.8.1.05

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