UN Charter Article 51 and the Right to ‘Anticipatory Self-defense’: Validity of the US Preventive War Doctrine against Al Qaeda
| Autor: | Peter Ørebech |
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| Rok vydání: | 2014 |
| Předmět: | |
| Zdroj: | Middle East Critique. 23:53-72 |
| ISSN: | 1943-6157 1943-6149 |
| DOI: | 10.1080/19436149.2014.896595 |
| Popis: | This article investigates whether the US war against Al Qaeda in Afghanistan is a customary ‘inherent right’ under the right to force doctrine as codified in Article 51 of the UN Charter. While its fool-proof nucleus covers national states inter partes relations, the provision's applicability to non-governmental organizations (NGOs) is unclear, especially in cases of conflicts, where a NGO is a party in an international conflict, such as the US-Al Qaeda conflict in Afghanistan. Because Article 51's foundation is in ‘a defensive strategy,’ states that deploy military troops across borders under the cover of self-defense must notify the UN Security Council immediately and must justify their actions. The distinction between armed attack and armed defense is the most important element defining the legality of a state's conduct. However, the Article 51 inherent right of self-defense arises solely to protect against ‘armed attacks,’ and under international law, an ‘armed attack’ alone triggers the right of self... |
| Databáze: | OpenAIRE |
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