The Necessity and Proportionality of Anti-Terrorist Self-Defence

47 Pages Posted: 8 Aug 2010

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: August 5, 2010

Abstract

States increasingly rely on self-defence to justify forcible measures against terrorists. It seems agreed that when so doing, they must comply with the traditional conditions of necessity and proportionality. The application of these two principles to anti-terrorist self-defence raises a number of complex issues. drawing on a detailed examination of case studies, the present paper addresses these issues and suggests how necessity and proportionality can be applied meaningfully.

Keywords: use of force, self-defence, necessity, proportionality, war on terror, terrorism

Suggested Citation

Tams, Christian J., The Necessity and Proportionality of Anti-Terrorist Self-Defence (August 5, 2010). Available at SSRN: https://ssrn.com/abstract=1653895 or http://dx.doi.org/10.2139/ssrn.1653895

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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