Assessing Preventive Self-defense in Fighting Terrorism

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JALALI MAHMOUD; zabib reza

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Journal Paper

Paper Information

Journal: Journal of Judicial Law Views Year:2018 | Volume:23 | Issue:82 Page(s): 53-82

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Information Journal Paper

Title

Assessing Preventive Self-defense in Fighting Terrorism

Author(s)

JALALI MAHMOUD | zabib reza | Issue Writer Certificate

Keywords

TerrorismQ2

Self-DefenceQ2

InterpretationQ2

State PracticeQ1

UN CharterQ2

Abstract

Scholars rightly believe that prohibiting the threat to or use of force is the most important achievement of the UN Charter. Eventhough Article 51 offers an exception in this regard, the letters and substance of this article are clear about an ‘ armed attack’ as a precondition to trigger the right to self-defense. Beside this legal fact, a Preemptive use of force against an imminent threat is endorsed by Customary International Law as well. However, and mainly after the 9/11, a number of countries have used military forces against their oppositions beyond their borders under the article 51 while labeling those groups as terrorist organizations. Supporting this approach, some scholars have argued that an ''extensive Interpretation'' of Article 51 could enable states to legally fight terrorist threats beyond their territories under ''Preventive Self-defense. Having thoroughly examined theories & concepts of Interpretation, UN and ICJ Jurisprudence, we have argued that none of those sources supports the `Extensive Interpretation` doctrine under the treaty law or customary international law. Reiterating the necessity to offer a well-defined legal mechanism to prevent terroristic threats, we believe the International law may not yet provide a proper answer to this question through ''codification'', and the answer lies in the ''development'' of international law. To this end, the author proposes a triangle criteria test toward a legal use of force against non-imminent terrorist threats beyond national borders.

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APA: Copy

JALALI, MAHMOUD, & zabib, reza. (2018). Assessing Preventive Self-defense in Fighting Terrorism. JOURNAL OF JUDICIAL LAW VIEWS, 23(82 ), 53-82. SID. https://sid.ir/paper/217856/en

Vancouver: Copy

JALALI MAHMOUD, zabib reza. Assessing Preventive Self-defense in Fighting Terrorism. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2018;23(82 ):53-82. Available from: https://sid.ir/paper/217856/en

IEEE: Copy

MAHMOUD JALALI, and reza zabib, “Assessing Preventive Self-defense in Fighting Terrorism,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 23, no. 82 , pp. 53–82, 2018, [Online]. Available: https://sid.ir/paper/217856/en

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