| Title: | The possibility of using self-defence against non-state actors : magistrsko delo |
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| Authors: | ID Glavica, Patricija (Author)
ID Tratnik, Matjaž (Mentor) More about this mentor...  |
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| Files: |  MAG_Glavica_Patricija_2023.pdf (1,48 MB)
MD5: DEA942333336494F08992C98815DD322
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| Language: | English |
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| Work type: | Master's thesis/paper |
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| Typology: | 2.09 - Master's Thesis |
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| Organization: | PF - Faculty of Law
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| Abstract: | This master’s thesis systematically and in-depth examines the notion of self-defence, primarily through the ratione personae aspect and thus focuses on the possibility of its use against non-state actors. While the use of self-defence against non-state actors is not a new phenomenon in international law, it is nonetheless taking on new dimensions, particularly in the context of the fight against terrorism.
The right to self-defence is one of the exceptions to the jus cogens prohibition of the use of force. It is an ‘inherent’ right, codified in Article 51 of the UN Charter and forming part of customary international law. According to the primary understanding, the right to self-defence had a State-centric approach, which was also continuously affirmed in the jurisprudence of the International Court of Justice. Consequently, a State could only use self-defence against a non-state actor if its actions were imputable to another State in whose territory defensive force was being used. However, especially after the 9/11 attack there have been tendencies to broaden the right to self-defence and allow its use even if the actions by a non-state actor are not attributable to a State under the current attributability standards.
Due to the complexity of the right to self-defence it requires careful examination through different aspects and sources of international law. It can be observed that the opinions regarding the expansion of the right to self-defence are very different. Firstly, scholars have widely divergent views regarding the correct interpretation of Article 51 of the UN Charter under the rules of the VCLT. Secondly, in its previous judgements, the International Court of Justice has maintained the State-centric approach, while potentially allowing room for a more expansive approach to self-defence. Thirdly, States have since the 9/11 attack started to regularly invoke the right to self-defence when using extraterritorial force against non-state actors. However, the reactions of States relating to such use of force and the opinions of scholars regarding the implications of such State practice, are equivocal.
Taking everything into consideration this master’s thesis concludes that neither Article 51 of the UN Charter nor customary international law allow the use of self-defence against non-state actors, whose actions are not attributable to a State. Although the right to self-defence is undoubtedly expanding, its scope is not yet fully crystallized. |
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| Keywords: | the right to self-defence, non-state actors, the prohibition of the use of force, terrorism, Article 51 of the Charter of the United Nations, extraterritorial use of force, jus ad bellum, Nicaragua case, attributability |
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| Place of publishing: | Maribor |
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| Place of performance: | Maribor |
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| Publisher: | P. Glavica |
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| Year of publishing: | 2023 |
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| Number of pages: | 1 spletni vir (1 datoteka PDF (91 str.)) |
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| PID: | 20.500.12556/DKUM-85401 |
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| UDC: | 341.3:343.228(043.3) |
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| COBISS.SI-ID: | 163860227 |
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| Note: | Sistemske zahteve: Acrobat reader |
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| Publication date in DKUM: | 08.09.2023 |
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| Views: | 945 |
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| Downloads: | 255 |
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| Metadata: |    |
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| Categories: | PF
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