Europaeische Hochschulschriften / European University Studies / Publications Universitaires Européennes Ser. Reihe 2 Rechtswissenschaft / Series 2 Law / Série 2 Droit: The International Legality of Self-Defense Against Non-State Actors : State Practice from the un Charter to the Present 4623 by Gregor Wettberg (2007, Paperback, New Edition)
The international right to self-defense was subject to legal and political controversies long before September 11, 2001. On several occasions, states resorted to defensive military force against different internationally operative armed groups. This work seeks to show the precise conditions for self-defense against non-state actors as indicated by state practice since 1945. Based upon a detailed evaluation of almost 20 relevant conflicts, it is argued that state practice does not warrant limiting Article 51 of the U.N. Charter to armed attacks by states and ignoring non-state attackers. In fact, states almost never contended that already the formal legal nature of a non-state attacker excludes the possibility of military self-defense. The current view of the International Court of Justice is insofar not consonant with state practice.
Number Of Pages
Europaeische Hochschulschriften / European University Studies / Publications Universitaires Européennes Ser.: Reihe 2: Rechtswissenschaft / Series 2: Law / Série 2: Droit
Lang GmbH, Internationaler Verlag der Wissenschaften, Peter