Twelve Key Questions on Self-Defense against Non-State Actors – and Some Answers

This paper delves into the key questions surrounding the debate on self-defense in response to attacks conducted by autonomous non- State armed groups (NSAGs) and provides some answers. In this context, the questions of how necessity, proportionality and immediacy relate to the exercise of self-defense against NSAGs are examined. The controversial doctrine of 'unwilling and unable' States and how this relates to the aforementioned criteria is also given attention.

Keywords: Self-Defense, Non-State Armed Groups, Necessity, Proportionality, Unwilling, Unable

JEL Classification: K33

Suggested Citation: Suggested Citation

Gill, Terry D. and Tibori-Szabó, Kinga, Twelve Key Questions on Self-Defense against Non-State Actors – and Some Answers (July 11, 2019). International Legal Studies vol. 95 (2019), Amsterdam Law School Research Paper No. 2019-41, Amsterdam Center for International Law No. 2019-20, Available at SSRN: https://ssrn.com/abstract=3418255 or http://dx.doi.org/10.2139/ssrn.3418255