Skip to main content

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

Shah, N. A.

Authors



Contributors

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.

Journal Article Type Article
Publication Date Mar 1, 2007
Journal Journal of Conflict and Security Law
Print ISSN 1467-7954
Electronic ISSN 1467-7962
Publisher Oxford University Press (OUP)
Peer Reviewed Peer Reviewed
Volume 12
Issue 1
Pages 95-126
APA6 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. doi:10.1093/jcsl/krm006
DOI https://doi.org/10.1093/jcsl/krm006
Keywords Law; Safety Research; Safety, Risk, Reliability and Quality
Publisher URL https://academic.oup.com/jcsl/article/12/1/95/826861
;