Thwarting Terrorist Acts by Attacking the Perpetrators or Their Commanders as an Act of Self-Defense: Human Rights Versus the State's Duty to Protect its Citizens

Abstract

Israel is confronted with the difficult problem of how to foil terrorist activities because suicide terrorists are actually walking explosives or time bombes. The timer on the fuse must be stopped before it is too late. The moment the terrorist has succeeded in reaching his destination, that is, the place where he has chosen to detonate himself, it is almost impossible to forestall the explosion.

The central question examined in this article is whether, as a matter of domestic and international law, a democracy may foil terrorist activities by attacking the perpetrators or their commanders as act of self-defense and as a preemptive measure.

Keywords: human rights, international law, morality, proportionality, self-defense, terrorism

JEL Classification: D63, D74, H56, K00, K10, K20, K14, K33, K42, K49