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

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