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Self-Defence and the War on Terror - Essay Example

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Self-defence and the War on Terror Introduction At the end of the Second World War, the United Nations introduced Article 2(4) of its Charter. This article established that military options in international relations were allowed only upon authorization of the Security Council, as a collective security action, and as an exercise of the right to self-defence based on the specific mandates of Article 51…
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Self-Defence and the War on Terror
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Download file to see previous pages Self-defence seems to be the viable option for many states in the use of force. Some states have even managed to justify their actions under self-defence principles, even if their actions did not exactly fulfil the minimum requirements of Article 51. Since self-defence is an exception to Article 2(4), the policy of the courts in interpreting self-defence has mostly been on the adoption of restrictive considerations (Sahmoudi, 2010). An attempt to expand the coverage of self-defence has been considered under anticipatory self-defence, an attack which is carried out before any initial attack by an aggressor state has been launched. However, widespread acceptance of this new concept has been largely. When the collapse of the USSR caused the world to accept the regime of the US as the one remaining superpower, the possibilities for more general claims on the right to use force has been seen. Most of these possibilities have centred on self-defence and the right to defend against an anticipated attack. ...
One of the main issues in this debate has revolved around whether or not a person has to strictly interpret the legal basis of the Charter or whether or not there can be a more lenient or flexible application of the rules in relation to the current changes in the global community (Bring and Fisher, 2004). The settlement of this debate has been based on a positivist approach to international law. This positivist approach points out that international law are standards which must be interpreted as set rules for similar scenarios, and therefore must be respected by all states. Another approach is the realistic approach which mandates international laws as a way of fulfilling goals and securing some values on the other (Sahmoudi, 2010). The positivist approach is supported by those who believe in the need to control expansion and the use of force and selfish interests (Crossley, 2008). The realistic approach theorists base their perceptions on concepts of human dignity; they justify the use of force as a means of confronting an evil power (Crossley, 2008). In the current context, this paper shall now consider the application of self-defence in the face of the present war against terrorism. Its legality and its appropriate applications shall be evaluated in this paper. Decisions of the International Court of Justice, as well as opinions rendered by legal scholars the court shall also be discussed. Body After the September 11, 2001 attacks on the US, the UN Security Council immediately passed a resolution which basically condemned the attack. The Security Council also reiterated its goal of opposing all threats on national and international security initiated by terrorist organizations (Berdal, 2003). It also acknowledged the right of states to ...Download file to see next pagesRead More
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