Action against host states of terrorist groups

Moir, Lindsay

Abstract

This chapter examines the problems that could arise when a state invokes self-defence to justify action against terrorist groups in another state. It first considers indirect armed attack against armed groups and the controversy surrounding the use of self-defence where armed groups are controlled by a foreign state, with particular reference to the International Court of Justice (ICJ) jurisprudence. It then discusses the possibility that an armed attack could occur, permitting a forcible response in the context of international law, without attribution to a state by citing the Nicaragua case in which the ICJ pronounced that self-defence is permissible against a host state in effective control of an armed group. The chapter also looks at the case of Afghanistan and its relationship to Al Qaeda as an example of a state’s claims of self-defence against terrorism.

Citation

Moir, L. (2015). Action against host states of terrorist groups. In M. Weller (Ed.), The Oxford handbook of the use of force in international law (720-736). Oxford: Oxford University Press. https://doi.org/10.1093/law/9780199673049.003.0033

• Publication Date: Jan 15, 2015
• Deposit Date: May 16, 2019
• Pages: 720-736
• Series Title: Oxford Handbooks
• Book Title: The Oxford handbook of the use of force in international law
• Chapter Number: 32
• ISBN: 978-0-19-967304-9
• DOI: https://doi.org/10.1093/law/9780199673049.003.0033
• Keywords: Self-defence; Terrorist group; Armed attack; Armed group; International Court of Justice; International law; Nicaragua; Afghanistan; Al Qaeda; Terrorism
• Public URL: https://hull-repository.worktribe.com/output/1791181
• Publisher URL: https://www.oxfordhandbooks.com/view/10.1093/law/9780199673049.001.0001/oxfordhb-9780199673049-e-33