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Self-Defence, Anticipatory Self-Defence and Pre-Emption: International Law's Response to Terrorism

Posted: 30 Jun 2008  

Niaz A. Shah

University of Hull - School of Law and Politics

Date Written: Spring 2007

Abstract

This article makes the distinction between self-defence, anticipatory self-defence and pre-emption. It argues against pre-emption. In the presence of article 39 of the Charter the case for pre-emption is not convincing and the current international legal order can deal effectively with the threat of terrorism. The article argues that certain acts of terrorism may amount to an armed attack, hence necessary and proportionate force may be used after meeting the outlined criteria.

Suggested Citation

Shah, Niaz A., Self-Defence, Anticipatory Self-Defence and Pre-Emption: International Law's Response to Terrorism (Spring 2007). Journal of Conflict & Security Law, Vol. 12, Issue 1, pp. 95-126, 2007. Available at SSRN: https://ssrn.com/abstract=1152613 or http://dx.doi.org/10.1093/jcsl/krm006

Niaz A. Shah (Contact Author)

University of Hull - School of Law and Politics ( email )

University of Hull
Hull, HU6 7RX
United Kingdom

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