Self-defence against terrorism in the post 9/11 world


Autoria(s): Garwood-Gowers, Andrew
Data(s)

2004

Resumo

In 1986 the then United States Secretary of State George Shultz asserted that: It is absurd to argue that international law prohibits us from capturing terrorists in international waters or airspace; from attacking them on the soil of other nations, even for the purpose of rescuing hostages; or from using force against states that support, train and harbor terrorists or guerrillas. At that time the United States’ claim of a right to use military force in self-defence against terrorism2 received little support from other states.3 The predominant view then was that terrorist attacks committed by private or non-state actors were a form of criminal activity to be combated through domestic and international criminal justice mechanisms. The notion that such terrorist acts should be treated as ‘armed attacks’ triggering a victim state’s right of self-defence was not accepted by the majority of states. To suggest, as Shultz had done, that a state not directly responsible for terrorist acts could have its territorial integrity violated by military action targeting terrorists located within that state, was a controversial proposition in 1986. However, some fifteen years later, when the United States and a coalition of allies launched a military campaign in Afghanistan following the 11 September 2001 (hereafter ‘9/11’) terrorist attacks, there was virtually unanimous international support for the use of force.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/42372/

Publicador

Queensland University of Technology

Relação

http://eprints.qut.edu.au/42372/2/42372.pdf

http://www.law.qut.edu.au/ljj/editions/v4n2/garwood-gowers_full.jsp

Garwood-Gowers, Andrew (2004) Self-defence against terrorism in the post 9/11 world. Queensland University of Technology Law and Justice Journal, 4(2), pp. 167-184.

Direitos

Copyright 2004 Queensland University of Technology & Andrew Garwood-Gowers

Fonte

Faculty of Law; School of Law

Palavras-Chave #180100 LAW #international law #self-defence #terrorism #non-state actors
Tipo

Journal Article