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The unwilling or unable doctrine and its development in international law Abstract The unwilling or unable doctrine represents a response of the international community to the increasing presence of non-state actors in international relations. According to this doctrine, a state who suffers an attack by a non-state actor is entitled to intervene in the territory of the state where this non-state actor finds its harbour, given that this state is unwilling or unable to tackle the threat alone. This, in turn, means that the harbouring state must endure an intervention by the attacked state on its territory, even though the harbouring state has not resorted to the use of force itself - the action of the non-state actor is not attributable to it. This thesis first pays attention to the concept of self-defence, in terms of its two equivalent content sources - customary and contractual international law. Both of these sources set certain (pre)conditions for the exercise of the right to self-defence. In the case of customary law, these are conditions of necessity, proportionality and immediacy. The UN Charter then determines one further precondition for exercising the right to self-defence - the existence of a previous armed attack. Given that the unwilling or unable doctrine is a specific example of how states... |
