Self-Defence and the War on Terror - Essay Example

Comments (0) Cite this document
Summary
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
Self-Defence and the War on Terror
Read TextPreview

Extract of sample "Self-Defence and the War on Terror"

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
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Self-Defence and the War on Terror Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
Retrieved from https://studentshare.org/law/1436632-discuss-the-notion-of-self-defence-in
(Self-Defence and the War on Terror Essay Example | Topics and Well Written Essays - 2250 Words)
https://studentshare.org/law/1436632-discuss-the-notion-of-self-defence-in.
“Self-Defence and the War on Terror Essay Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.org/law/1436632-discuss-the-notion-of-self-defence-in.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Self-Defence and the War on Terror

The war on terror

...? Strongest work The topic war on terror is the strongest piece of work. This was an argumentative essay over the current war on terror being fought by the United States of America against the most elusive enemy of all time. While writing this piece of writing and after carefully studying the background of this war, I realized that how much it would be painful to lose friend, brother, husband or any other relationship without any fault. It felt very terrible and painful. I learnt that the current war on terror must be continued and every possible attempt must not be left to hunt down any terrorists who do not respect...
2 Pages(500 words)Essay

Research of self-defence case

... Self-defense What is the government's point of view? According to the vs. Appellant Johnny Rufus Belcher, the government finds Belcher guilty and thus liable to face murder charge. With the circumstances, surrounding the murder act notwithstanding, then the fact is that Belcher maimed Suber intentionally. Belcher’s arguments that the act occurred in his quest to defend himself is inexplicable. The government view on the use of a deadly weapon is such that, people who possess such deadly weapons illegally should be convicted. It is against the law for unauthorized persons to possess the illegal firearms. The government view is that, after Belcher confronted Suber, he went ahead, retrieved a gun from Brown and began shooting Suber... the use...
3 Pages(750 words)Research Paper

Global War on Terror

...College: QUESTION ONE Describe the US policy decisions that Hook and Spanier describe as a “retreat from multilateralism.” In your opinion, which of these policy decisions were and were not appropriate? Also, to what extent do you believe these policy decisions helped or hindered US efforts in the War on Terror? US foreign policy has been drifting away from multilateral institutions policy to unilateral policy. This is inspite of Clinton’s call for engagement with the international community. The depth of Clinton’s downfall in foreign policy was demonstrated by the senate’s rejection of Comprehensive Test Ban Treaty (CTBT), which was meant to control arms. The refusal of the world’s foremost nuclear...
4 Pages(1000 words)Assignment

The defence of self-defence

...?Summary Ross should not be found guilty of the murder of Samantha. The defence of self-defence should have been put to the jury. Self-defence is a part of the doctrine of private defence in the English law. Self-defence is defined as use of reasonable force to protect oneself from an unjust threat. Self-defence is a complete defence unlike loss of control. An individual is allowed in the eyes of the statutory defence to make use of reasonable force in an attempt to avoid committing a crime in such situations in which the individual...
5 Pages(1250 words)Essay

War Against Terror

...Crises and Conflict "The war on terror is based on the politics of fear and the creation of moral panic" It is true that terrorism has created significant importance throughout the world especially in U.S.A and Britain, the global war on terrorism has created a social and political turmoil, it seems as if U.S.A Army is implementing the principal implications of a real war, rather than taking simple and effective measures to combat terrorism. The war on terror is going on thereby making the political grounds of the country vulnerable day by day and making more and more people...
6 Pages(1500 words)Essay

Civil Liability and Self-Defence

...Civil Liability and Self-Defence Advice to Bill about the Physical Assault Committed by Alex I will advise Bill to file a complaint for civil damages against (1) Pumps and Pipes, the temporary employer, (2) Jobs Galore, the labour contractor and employment agency of Alex, and (2) Alex herself for having concluded a hasty but unfounded judgment which prompted her to hit Bill. While there was physical injury or battery, I will not counsel Bill to file a criminal action against Alex because there was no malicious intent on the part of the latter when she hit Bill albeit Alex is still civilly liable under the principles of the law on torts. On the basis of the attendant facts, it would appear on the surface...
10 Pages(2500 words)Case Study

War on Terror

One of the most negative instances of the "War on Terror" occurred at Abu Ghraib prison in Iraq, as the reader finds out in John Barry, Mark Hosenball and Babak Dehghanpisheh's "Abu Ghraib and Beyond;" many detainees, suspected terrorists, and Taliban fighters, were tortured by U.S. soldiers in an effort to extract information. The instances of torture were photographed and eventually made their way to the press and widespread viewing around the world. In the ensuing session of finger-pointing as to who was responsible, the soldiers who committed the acts claimed to have been told to do so by their superiors; their commanders denied having instructed them to humiliate the prisoners and torture them. The end result was that the so...
3 Pages(750 words)Essay

War on Terror

...War on Terror as a Global Issue Global terrorism affects the lives and property of the people directly affected by such acts but it also acts like ripples in a pool of water, spreading economic woes on the U.S. as well as nations far away from the actual attack. The effort to combat terrorism has been economically burdensome as well. The effects of the 9/11 terrorist attacks on the World Trade Centers in New York, which resulted in more than 3,000 innocent people killed spread human misery further than those persons affected directly by the loss of lives. The U.S. economy was held to a temporary stagnation and the resulting ‘ripple effect’ negatively affected almost everyone in the U.S. and all of the countries it trades... with. The...
3 Pages(750 words)Essay

Gun control (Self defence low)

...Client Guns and Self Defense: Will a Gun Really Protect You? The right to bear arms ispart of the Constitution of the United States and therefore is considered a national right by those who support the use of guns domestically. One of the central claims for those who believe in the right to bear arms in the United States is that to deny this right would deny them the ability to protect themselves from would be attackers. The debate over the issue of gun control within the United States has been a lengthy controversy. However, this particular claim has not proven to be a successful use of a gun within a home. In addition, the incidents of guns being misused far out distances the number of times a gun is used for defense....
3 Pages(750 words)Essay

Global War on Terror

...War on Terror [Pick the The work takes into consideration the various aspects of war that started post 9/11, and literally changed the lives of millions of people residing in countries affected by war. Although a number of nations across the world joined the war for different reasons, yet the main role was played by the US which functioned as the main sponsor of the war. Due to this key position in the war scenario, the magnitude of losses, as compared to other participating nations of the world, was far greater for the US. The writer is of the opinion that the outcomes of war are not quite encouraging...
1 Pages(250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Self-Defence and the War on Terror for FREE!

Contact Us