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In What Circumstances Can a State Lawfully Resort to the Use of Military Force in Response to an Attack from a Non-State Actor - Essay Example

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Introduction The ability to respond to an attack from a non – state actor is one which holds specific regulations. The question which arises is based on when a state can lawfully resort to military force from a non – state actor. The regulations are based on the United Nations Charter with Article 51, specifically which indicates when one can begin to attack another non – state actor, specifically with speculations based on self defense and collective self defense…
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In What Circumstances Can a State Lawfully Resort to the Use of Military Force in Response to an Attack from a Non-State Actor
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Download file to see previous pages Understanding the details of the circumstances as well as how one can respond to specific attacks is essential not only with the mechanics of how to respond but also with how this associates with the different effects which occur when one responds. This research study will investigate the basic regulations, exceptions and the different laws which create alternative mechanics toward responding from an attack of a non – state actor. Legalities of Military Force Article 51 of the United Nations charter is the basic concept that identifies when one can respond to another with self – defense. In this article, it states that if the inherent rights of the individual are attacked then there is the right to react with self defense toward the non – state actor. However, there are also implications of international peace and security with the expectation that one will pass the attack through the UN before beginning action. The need to restore and keep international peace and security then become important with the self – defense and the way in which this creates a specific alternative to the international needs. While there is the ability to act with group or self – defense, the concept of international peace and security remain as important when deciding to use military force against an individual1. The first implication which allows one to respond with self defense is if the approach is an armed attack, which makes one a victim to the attack. An armed attack is inclusive of a military attack or operation that uses force in another state. This also includes bombardment with the use of weapons, blockades of another state, an attack with armed forces, acts of aggression and mercenaries that are sent to perform military actions. Each of these instances causes one to become a victim of the actions and constitute the right to react with military force against the other state for self defense. It is noted that there are instances which do not consist of military or armed attacks, including diplomatic missions, cyber attacks, supplies of financial or intelligence resources or frontier incidences. These do not cause one to be a victim of the attack and do not justify countermeasures as they are not proportionate with the violations that occur. There are also implications that the attack must be toward territory or warships and not toward nationals or diplomats as these are not a threat to the self defense of a country2. The use of self defense and the legalities which are associated with this continue with the requirements that are met for a reaction. The first of these is the necessity, meaning that there is no alternative means of redress, such as a treaty or other form of diplomacy. The second is based on the proportionality. If there is another means of changing the process from self defense, then the attack must not be repealed and proportions need to be altered. The need to have immediacy is also a part of the regulations with the understanding that this needs to be flexible until there is permission to move forward. It should also be noted that the actions cannot take place unless an action has already caused the state to become a victim. One cannot act preemptively before the threat or the attack occurs as there is not an understanding of ...Download file to see next pagesRead More
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