TERRORISM, STATE RESPONSIBILITY AND THE USE OF ARMED FORCES
TERRORISM, STATE RESPONSIBILITY AND THE USE OF ARMED FORCES
Author(s): René VärkSubject(s): Law, Constitution, Jurisprudence
Published by: Kaitseväe Ühendatud Õppeasutused
Keywords: terrorism; state responsibility; non-state actors; use of armed force; self-defence; collective security
Summary/Abstract: Terrorism has become an especially pressing security problem, both domestically and internationally, over recent decades. States have considered terrorism also as a national security threat that requires military action. Although the rules on the use of armed force were traditionally for inter-state relations, it does not mean that states may not use armed force in the conflict with terrorist non-state actors. Indeed, it would be absurd to claim that states may not exercise self-defence or employ collective security system merely because the adversary is a non-state actor. This demands a more innovative interpretation and use of existing international legal system, while not jeopardising its foundations in the process.
Journal: KVÜÕA toimetised
- Issue Year: 2011
- Issue No: 14
- Page Range: 74-111
- Page Count: 38
- Language: English