Self-defence, anticipatory self-defence and pre-emption: International law's response to terrorism

Shah, N. A.

Abstract

This article makes the distinction between self-defence, anticipatory self-defence and pre-emption. It argues against pre-emption. In the presence of article 39 of the Charter the case for pre-emption is not convincing and the current international legal order can deal effectively with the threat of terrorism. The article argues that certain acts of terrorism may amount to an armed attack , hence necessary and proportionate force may be used after meeting the outlined criteria. © Oxford University Press 2007.

Citation

Shah, N. A. (2007). Self-defence, anticipatory self-defence and pre-emption: International law's response to terrorism. Journal of conflict & security law, 12(1), 95-126. https://doi.org/10.1093/jcsl/krm006

• Journal Article Type: Article
• Acceptance Date: Oct 2, 2006
• Publication Date: Mar 1, 2007
• Deposit Date: Feb 14, 2018
• Journal: Journal of Conflict and Security Law
• Print ISSN: 1467-7954
• Electronic ISSN: 1467-7962
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 12
• Issue: 1
• Pages: 95-126
• DOI: https://doi.org/10.1093/jcsl/krm006
• Keywords: Law; Safety Research; Safety, Risk, Reliability and Quality
• Public URL: https://hull-repository.worktribe.com/output/597190
• Publisher URL: https://academic.oup.com/jcsl/article/12/1/95/826861