Critically evaluate the extent to which international law recognizes a right of self-defence to prevent attacks by terrorist organizations - Essay Example

Comments (0) Cite this document
Ever since the September 11 attacks and in the wake of certain controversial acts of the United States in response against the terrorist groups responsible for the attacks, there has been a constant debate regarding self-defense contemplated under the United Nations Charter and…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
Critically evaluate the extent to which international law recognizes a right of self-defence to prevent attacks by terrorist organizations
Read TextPreview

Extract of sample "Critically evaluate the extent to which international law recognizes a right of self-defence to prevent attacks by terrorist organizations"

Download file to see previous pages This paper aims to provide an articulate understanding of the author’s point of view in conclusion to this discussion, after critically evaluating the various provisions contained in the UN Charter regarding the right of a State to defend itself.
“Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”1
Under this provision, there is an inherent right of individual or collective self-defense of any member of the United Nations in case there is an armed attack that occurs.2 However, there is a limitation provided, in that, it is subject to review by the Security Council.3 Under customary international law, the pre-requisites to legitimate self-defense include the following: “1) an infringement or threatened infringement of the territorial integrity or political independence of the defending state; 2) the failure or inability of the other state to prevent the infringement; 3) the absence of alternative means to secure protection; and 4) the strict limitation of the defending states use of force to prevent the danger.”4
Although Article 51 of the UN Charter considers self-defense as an inherent right under customary international law, the provision providing for an “armed attack” is much debated.5 Various interpretations have also been made as regards the word “inherent” in the exercise of self-defence. The word “inherent” was said to have given a State the right to use ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Critically evaluate the extent to which international law recognizes a Essay”, n.d.)
Critically evaluate the extent to which international law recognizes a Essay. Retrieved from
(Critically Evaluate the Extent to Which International Law Recognizes a Essay)
Critically Evaluate the Extent to Which International Law Recognizes a Essay.
“Critically Evaluate the Extent to Which International Law Recognizes a Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Critically evaluate the extent to which international law recognizes a right of self-defence to prevent attacks by terrorist organizations

Terrorist Attacks on the US

...?September 11 Terrorist Attacks on the United s Introduction: The September 11, 2001 attack on the World Trade Center and the Pentagon in the United States is one of the worst terrorist attacks ever in the human history. It has resulted in thousands of deaths and billions of Dollars losses. These sever attacks have led the world to pay attention to the growing phenomenon of world terrorism, in an attempt to analyze its reasons and prevent its causes. However, the United States is not the only country, which has been impacted negatively by the September 11 attacks. Rather, they have left their undesirable...
8 Pages(2000 words)Research Paper

Terrorist Organizations Analyze

...on the terrorism acts within the period of 1968 to that of 1993 through his previous book Serenade of suffering which covers the terrorism spread in Middle Eastern countries within the time span of 1968 to that of 1993. The author stressed on terrorist systems and their activities mainly within the four countries namely Algeria, Turkey, Egypt and Israel. He also focuses on elucidating various socioeconomic parameters that promote terrorism, help of political factors and the people who are adversely affected by these terrorist attacks. This book delivers the fact that the international terrorism has augmented at high levels along posing immense threats on the Western...
7 Pages(1750 words)Research Paper

The defence of self-defence’s doctrine of private defence. Ross should not be found guilty of the murder of Samantha and 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 according to which an individual may act in ways that are deemed illegal otherwise in an attempt to prevent the causation of injury to himself or others. Self-defence may also be done to prevent the crime since one assumes the very right of providing others with protection...
5 Pages(1250 words)Essay

The 9/11 Terrorist Attacks

... of the of the Persuasive essay: 9/11 On September 14, 2001, pastor Falwell of the Thomas Road Baptist Church stated in his appearance on The 700 Club that the American people deserved the 9/11 attacks (Cable News Network ). Although Falwell did apologize later, the fact remains that this was an act of pure terrorism and the damage that it caused was only something that a mind of a twisted terrorist could have concocted. This paper shall attempt to prove that the 9/11 attacks were an act of terror and by using the damage that it caused on multiple levels, shall attempt to establish that the American people did not by any means deserve to be damaged to such an extent. By doing so, this paper shall attempt to criticize the Falwell... trapped...
5 Pages(1250 words)Essay

Terrorist Attacks

...Conclusion Massive damages due to terrorist attacks around the globe have forced the insurance companies to exclude the terrorism cover from their fundamental policies. The governments of several countries have taken an initiative and formed different financial reinsurance backups to support the insured property, apart from the conventional policies. In UK, Pool re is a mutual enterprise of the insurers and the British government. The government acts as a financial backup in case of a terror attack. Other countries like Austria ('Terrorpool Austria'), France (GAREAT), Germany (Extremus Versicherungs AG), Spain (Consorcio de Compensacin de Seguros), Australia (ARPC), USA (TRIA), the...
8 Pages(2000 words)Essay

International Terrorism and terrorist organizations

...of a larger set of people and is commonly termed as terrorism. This essay would concentrate on various perceptions regarding terrorism that covers international terrorism, the structure and organization of terrorist groups, their views in the support of their actions, historical events that possibly led to revolutions which in turn gave rise to terrorism. A list of possible actions that can be taken to combat against terrorism is presented at the end. Definitions of Terrorism Defining the term terrorism would be a relatively tougher task. Not because of the political and emotional charges that the word carries but because of the flexibility in which the word could be (Hans, 1988). This...
7 Pages(1750 words)Essay

9/11 Terrorist Attacks

...much deeper into the American psyche than any thing that happened in the past. It may have forever changed how American people, as opposed to the Government, viewed the issue of national security. "Everyday Americans, especially those who in the past have favored social spending or individual rights over security and defense," began to get seriously concerned about "what the potential magnitude and effects of future attacks might be."4 Ever since, there has been a growing awareness that adequate preventative measures are vital to foil terrorist attacks that identify and exploit vulnerabilities of the American nation. The 9/11 disaster "vaulted preparing...
7 Pages(1750 words)Essay

Terrorist Attacks

...of rules. These strict and rigid set of rules prevented intelligence information from being collected for the purpose of law enforcement. As a result, this created difficulties in sharing of the criminal justice –derived data and information with other agencies (Lebovic, 2006). When terrorist were captured either in US soil or overseas they were accorded rights and treatment like any other criminal defendant (Rockmore, 2011). This system which was adopted to deal with terrorist activities was weak and inadequate in addressing the Americas needs to have a strong system to prevent terrorist attack in...
2 Pages(500 words)Essay

Civil Liberties and Terrorist Attacks

...Civil Liberties and Terrorist Attacks It is generally observed that terrorist attacks result in a breach of civil liberties. Citizens feel wary of the newly enforced controls on civil liberties. In this context, it has become very important to analyze and find out whether any break to citizen rights to ensure national interests can be justified after the occurrence of a terrorist attack. People hold different opinions. Citizens are taken for granted to forsake their civil rights and compromise when there is a crisis situation, such as war or internal crisis. In my opinion, such an...
6 Pages(1500 words)Essay

Terrorist Attacks and Risk Assessment

...Terrorist Attacks and Risk Assessment Attacks supposedly suspected to be facilitated or those that terrorist organizations claim responsibility have over the years been portrayed as mere act of violence. For instance, suicide bomber are either motivated by the need to revenge or make money. However, according to Kydd and Barbara (2012), the core drive for terror attacks by terrorist is to achieve political objectives. For example, in 1983, the U.S. government withdrew soldiers from Lebanon shortly after a suicide bomber attacked U.S. Marine barracks. Over the years, most terror attacks have involved five common strategies intimidation, spoiling, attrition and outbidding (Ezell et al, 2010). As much as terror attacks instill fear... , the...
1 Pages(250 words)Essay
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 Critically evaluate the extent to which international law recognizes a right of self-defence to prevent attacks by terrorist organizations for FREE!

Contact Us