The Use of Force against Terrorists
Bibliographic Data
| ID | 12199820 |
|---|---|
| Authors | Christian J Tams (0000-0002-8245-3964, International Bar Association, corresponding author) |
| Year | 2009 |
| Volume | 20 |
| Issue | 2 |
| Pages | 359-397 |
| Publication date | 2009-04-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chp031 |
| OpenAlex | W3147523197 |
| Language | EN |
| Citations received | 21 |
Whether states can use force against terrorists based in another country is much discussed. The relevant provisions of the UN Charter do not provide a conclusive answer, but have to be interpreted. The present article suggests that in the course of the last two decades, the Charter regime has been re-adjusted, so as to permit forcible responses to terrorism under more lenient conditions. In order to illustrate developments, it juxtaposes international law as of 1989 to the present state of the law. It argues that the restrictive approach to anti-terrorist force obtaining 20 years ago has come under strain. As far as collective responses are concerned, it is no longer disputed that the Security Council could authorize the use of force against terrorists; however, it has so far refrained from doing so. More controversially, the international community during the last two decades has increasingly recognized a right of states to use unilateral force against terrorists. This new practice is justified under an expanded doctrine of self-defence. It can be explained as part of a strong international policy against terrorism and is part of an overall tendency to view exceptions to the ban on force more favourably than 20 years ago. Conversely, it has led to a normative drift affecting key limitations of the traditional doctrine of self-defence, and increases the risk of abuse
Charter · Doctrine · International community · International law · Law and economics · Normative · Political science · Politics · Security council · Sociology · State (computer science · Terrorism · United Nations Charter · Use of force · Computer Science · Global Peace and Security Dynamics · International Law and Human Rights · Terrorism, Counterterrorism, and Political Violence · Law
Rescaling the legal dimensions of grey zones
Customary Constraints on the Use of Force
Restrictivist Reasoning on the Ratione Personae Dimension of Armed Attacks in the Post 9/11 World
The invocation of the right to self-defence in response to armed attacks conducted by armed groups
Targeted Killing and Its Law
Terrorism and Armed Conflict
Self-Defence against Non-state Actors
Concerning Violence
Defining Down Sovereignty
The Informal Regulation of Drones and the Formal Legal Regulation of War
A Due Diligence Standard of Attribution in Cyberspace
The International Law Framework Regulating the Use of Armed Drones
Specially-Affected States and the Formation of Custom
In defense of uncertainty
The risks of remaining silent
Global Fragmentation and Collective Security Instruments
Threats to state survival as emergencies in international law
The Sovereignty Dodge and the Responsibility to Control
Extraterritorial targeting by means of armed drones
Principles of Self-Defense—A Brief Response
Clarifying Necessity, Imminence, and Proportionality in the Law of Self-Defense
| Unique citing works | 21 |
|---|---|
| Citations per year | 1,4 |
| Citation span | 2011 - 2023 (13) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 21 |