NCJ Number
101522
Date Published
1986
Length
6 pages
Annotation
State response to international terrorism is discussed in relation to such concepts of international law as nonuse of force, aggression, reprisal, self-defense, and self-determination.
Abstract
Under the United Nations (UN) Charter, a state may not resort to force internationally except in self-defense. The Charter also obliges states to settle their disputes by peaceful means. While armed reprisals have been condemned repeatedly by states and international organizations, Article 51 of the UN Charter states that the right of self-defense may be exercised during the occurrence (not before or after) of an armed attack. This definition, however, is open to interpretation as it fails to address such issues as what constitutes an armed attack (i.e., would an ongoing pattern of small attacks cumulatively constitute an armed attack?), the proportionality of the self-defense to the initiating offense, and self-defense vis-a-vis sanctuary states. Further, self-defense during the attack's occurrence often is not possible. Finally, while self-determination has been asserted as a grounds for denying use of force by a state against a terrorist group, it finds no support in the Charter: it is subordinate to both the state's right of self-defense and the international peacekeeping aims of the UN.