The Principle of Sovereign Equality with Respect to Wars with Non-State Actors

Noorda, Hadassa A. (2013), ‘The Principle of Sovereign Equality with Respect to Wars with Non-State Actors’, 41(2) Philosophia, 337-347

Amsterdam Law School Research Paper No. 2013-17

General Subserie Research Paper No. 2013-03

15 Pages Posted: 14 Mar 2013 Last revised: 13 Feb 2014

See all articles by Hadassa Noorda

Hadassa Noorda

University of Amsterdam; New York University School of Law

Date Written: March 13, 2013

Abstract

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor.

Keywords: jurisprudence, Just War Theory, sovereign equality, non-state actor, armed conflict, self-defense

JEL Classification: K33

Suggested Citation

Noorda, Hadassa, The Principle of Sovereign Equality with Respect to Wars with Non-State Actors (March 13, 2013). Noorda, Hadassa A. (2013), ‘The Principle of Sovereign Equality with Respect to Wars with Non-State Actors’, 41(2) Philosophia, 337-347, Amsterdam Law School Research Paper No. 2013-17, General Subserie Research Paper No. 2013-03, Available at SSRN: https://ssrn.com/abstract=2232682 or http://dx.doi.org/10.2139/ssrn.2232682

Hadassa Noorda (Contact Author)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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