The right of self-defence against non-state actors: its debated existence and undiscovered scope
<p>THE existence of a right of self-defence against non-State actors and its possible scope of operation are two of the most controversial questions in international law today. This thesis examines whether, and to what extent, the rules of international law permit States to use force extraterr...
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| Format: | Thesis |
| Language: | English |
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2021
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| _version_ | 1826312068599382016 |
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| author | Adair Morgan, K |
| author2 | Berman, F |
| author_facet | Berman, F Adair Morgan, K |
| author_sort | Adair Morgan, K |
| collection | OXFORD |
| description | <p>THE existence of a right of self-defence against non-State actors and its possible scope of operation are two of the most controversial questions in international law today. This thesis examines whether, and to what extent, the rules of international law permit States to use force extraterritorially in self-defence against non-State actor attacks and threats. It is argued that customary international law evolved over time to recognise such a right and that its scope, though dependent on the factual circumstances of each case, is regulated by the well-established principles of necessity and proportionality.</p>
<p>As a theoretical foundation, this thesis submits that although Article 51 of the UN Charter functions as an exception to the general prohibition of the use of force contained in Article 2(4) for the State exercising its right of self-defence, the right of self-defence is not predicated on a violation of Article 2(4). Further, the right of self-defence is recognised in Article 51 as a right already existing in customary international law and, therefore, subject to changes in the practice and opinio juris of States.</p>
<p>Following on that conclusion, the thesis widely explores the content of customary international law as evidenced by State practice, principally the rationalisations offered by States for their uses of force in response to non-State actor attacks and threats, and the response of the international community to such claims, concluding that the right of self-defence against non-State actors is in fact recognised in international law. It is also argued that the jurisprudence of the ICJ is largely unhelpful and faulty, as the Court has failed to meaningfully engage with changes in State practice since its Nicaragua Case.</p>
<p>It is further argued that the principles of necessity and proportionality provide meaningful restraints on the exercise of the right and safeguards for the rights and interests of the State on whose territory the right of self-defence against non-State actors may be exercised. Finally, the thesis considers the place of the right of self-defence against non-State actors in the collective security system created by the UN Charter and offers brief reflections on the need for greater oversight by the UN Security Council and the international community as a whole to ensure accountability in the exercise of the right of self-defence against non-State actors.</p> |
| first_indexed | 2024-03-07T08:20:38Z |
| format | Thesis |
| id | oxford-uuid:bb73bdf2-a631-42a3-87fe-83ef725fbd0c |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:20:38Z |
| publishDate | 2021 |
| record_format | dspace |
| spelling | oxford-uuid:bb73bdf2-a631-42a3-87fe-83ef725fbd0c2024-01-29T06:43:32ZThe right of self-defence against non-state actors: its debated existence and undiscovered scopeThesishttp://purl.org/coar/resource_type/c_db06uuid:bb73bdf2-a631-42a3-87fe-83ef725fbd0cInternational lawEnglishHyrax Deposit2021Adair Morgan, KBerman, F<p>THE existence of a right of self-defence against non-State actors and its possible scope of operation are two of the most controversial questions in international law today. This thesis examines whether, and to what extent, the rules of international law permit States to use force extraterritorially in self-defence against non-State actor attacks and threats. It is argued that customary international law evolved over time to recognise such a right and that its scope, though dependent on the factual circumstances of each case, is regulated by the well-established principles of necessity and proportionality.</p> <p>As a theoretical foundation, this thesis submits that although Article 51 of the UN Charter functions as an exception to the general prohibition of the use of force contained in Article 2(4) for the State exercising its right of self-defence, the right of self-defence is not predicated on a violation of Article 2(4). Further, the right of self-defence is recognised in Article 51 as a right already existing in customary international law and, therefore, subject to changes in the practice and opinio juris of States.</p> <p>Following on that conclusion, the thesis widely explores the content of customary international law as evidenced by State practice, principally the rationalisations offered by States for their uses of force in response to non-State actor attacks and threats, and the response of the international community to such claims, concluding that the right of self-defence against non-State actors is in fact recognised in international law. It is also argued that the jurisprudence of the ICJ is largely unhelpful and faulty, as the Court has failed to meaningfully engage with changes in State practice since its Nicaragua Case.</p> <p>It is further argued that the principles of necessity and proportionality provide meaningful restraints on the exercise of the right and safeguards for the rights and interests of the State on whose territory the right of self-defence against non-State actors may be exercised. Finally, the thesis considers the place of the right of self-defence against non-State actors in the collective security system created by the UN Charter and offers brief reflections on the need for greater oversight by the UN Security Council and the international community as a whole to ensure accountability in the exercise of the right of self-defence against non-State actors.</p> |
| spellingShingle | International law Adair Morgan, K The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title | The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title_full | The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title_fullStr | The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title_full_unstemmed | The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title_short | The right of self-defence against non-state actors: its debated existence and undiscovered scope |
| title_sort | right of self defence against non state actors its debated existence and undiscovered scope |
| topic | International law |
| work_keys_str_mv | AT adairmorgank therightofselfdefenceagainstnonstateactorsitsdebatedexistenceandundiscoveredscope AT adairmorgank rightofselfdefenceagainstnonstateactorsitsdebatedexistenceandundiscoveredscope |