The Fight Against Terrorism and SC Resolution 2249 (2015): Towards a More Hobbesian or a More Kantian International Society?
Indian Journal of International Law, vol. 55, 4/2015, pp. 335-355
21 Pages Posted: 16 Dec 2015 Last revised: 28 Sep 2016
Date Written: February 18, 2016
SC Res. 2249 of 20 November 2015 was intended to open up a new chapter in the fight against terrorism in general and against ISIS in particular. However, in academia this Resolution was received with criticism and stupor. First attempts to interpret this Resolution ended up in inconclusiveness.
In this article, after an analysis of SC Resolution 2249, it will be shown that the criteria developed for assessing jus ad bellum in inter-state relations are of no easy application in the relationship between states and non-state actors and in particular in regard to terrorists. If the prohibition of the use of force applies at all in this field this has to happen in a largely modified way. Fears that a lowered threshold for the use of force against terrorists will introduce a new “Hobbesian” element in international law do not appear to be justified. On the contrary, it is argued here that a state community showing more solidarity in the fight against terrorism will reinforce their Kantian traits. Res. 2249 can offer an important contribution for such a development to take place.
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