Extraterritorial use of force against non-state actors pdf

Extraterritorial use of force and selfdefence against non state actors chapter 1. An extraterritorial operation in international law is a law enforcement or military operation conducted outside the territory or jurisdiction of the state of the forces in operation, generally within the territory of another sovereign state. The present study is an analysis of the legality of extraterritorial use of force against a. This chapter analyses the question of whether selfdefence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. The illegality of extraterritorial use of force against nonstate actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to largescale military operations amounting to armed conflict. State failure and the extraterritorial use of force in. Unwilling or unable test and the development of a new legal doctrine on the use of force against nonstate actors. See also henderson, nonstate actors and the use of force, in m. Review of extraterritorial use of force against nonstate. Concluding, noam lubells extraterritorial use of force against nonstate actors is a fine and timely book that tackles one of the main contemporary challenges facing international security law. It finds that although the practice of extraterritorial use of force against nonstate actors has been repeatedly employed, this practice has not been sufficiently uniform or consistent.

Ryngaert, cedric extraterritorial use of force against. If the address matches an existing account you will receive an email with instructions to retrieve your username. The legality of extraterritorial use of force against nonstate actors. The possibility of selfdefence against non state actors 25 1. The illegality of extraterritorial use of force against. Jus ad bellum governs the preengagement conduct of states and nonstate actors that are considering whether to engage in war and armed conflict. The right of selfdefence against nonstate actors is increasingly invoked and accepted in the practice of states. Buy extraterritorial use of force against non state actors, by noam lubell, isbn 9780199641222, published by oxford university press from.

The thesis is first and foremost the examination of the notion and consequences of state failure in international law. Ryngaert eds, nonstate actors in international law 2015 77, at 8396. It then turns to the correlate question of jus in bello what body of law governs such activities. The reaction to the 911 attacks on the world trade centre towers in new york is taken as a leading case, but the. However, the recognition of this right must overcome a fundamental obstacle. However, since this thesis is of a theoretical nature. Lubell, extraterritorial use of force against nonstate actors 2014, at. It does, however, regulate extraterritorial use of force against non state actors since it involves the territorial integrity of another state. Request pdf the legality of extraterritorial use of force against nonstate actors without the territorial states consent the dissertation examines the right of a. Request pdf on dec 1, 2011, nicholas tsagourias and others published noam lubell, extraterritorial use of force against nonstate actors, oxford, oxford university press, 2010.

Jus in bello is the body of legal norms governing battle and occupation the conduct of individuals and units toward combatants, noncombatants. This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against nonstate actors. Against nonstate actors olivia flasch abstract the extraterritorial use of force by a state against nonstate actors has been a contentious issue in international law in modern times. State failure and the extraterritorial use of force in selfdefence against nonstate actors.

The fact that a use of force on the territory of another state even if directed against non state groups without its consent is a use of force against the territorial state in breach of obligations to it can be seen from state practice and the jurisprudence of international tribunals. It is important to note that this distinction is not always as clear in practice. Permission is required from rand to reproduce, or reuse in another form, any of our research documents. Noam lubell, extraterritorial use of force against non. Extraterritorial use of force against nonstate actors, by. The philosophical foundations of extraterritorial punishment.

Proposes an innovative new approach to the extraterritorial application of human rights instruments and sets out its policy implications. The use of force against terrorists 361 20 years of the european journal of international law. It is concerned with the justification of and limits to the use of force. The use of force by nonstate actors and the limits of attribution of. The use of force by nonstate actors and the limits of.

Extraterritorial use of force against nonstate actors and. The extraterritorial use of force by a state against non state actors has been a contentious issue in international law in modern times. Extraterritorial use of force against nonstate actors by. Under international law, these activities are generally highly restricted, and it is considered a. The use of force against perpetrators of international terrorism 1 the use of force. However, the victim states in these unique situations have occasionally invoked the lawful right to use extraterritorial force in the name of selfdefense to deal with these threats in the cases in which the host states are unwilling or unable to deal with the threat possessed by the non state actors. Can nonstate actors be responsible for an armed attack. The use of force against perpetrators of international. The fact that a use of force on the territory of another state even if directed against nonstate groups without its consent is a use of force against the territorial state in breach of obligations to it can be seen from state practice and the jurisprudence of international tribunals. This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non state actors. Extraterritorial use of force against nonstate actors 2010, at 41. Extraterritorial use of force against non state actors noam lubell oxford monographs in international law.

Are extraterritorial armed conflicts with nonstate groups. The extraterritorial use of force by a state against nonstate actors has been a contentious issue in international law in modern times. Possibility of selfdefence against nonstate actors oxford. Buy extraterritorial use of force against nonstate actors, by noam lubell, isbn 9780199641222, published by oxford university press from. Extraterritorial use of force against nonstate actors oxford. Under international law, these activities are generally highly restricted, and it is considered a violation of a states sovereignty if any other. Clear and systematic examination of the complex legal issues involved.

Law, principles, and policy, oxford university press, oxford, 2011. This thesis examines the extraterritorial use of force by states against terrorist nonstate actors, and the focus is to answer the question whether the law of selfdefence has been transformed. Noam lubell, extraterritorial use of force against nonstate actors. Lubell, noam, extraterritorial use of force against non. Extraterritorial use of force against nonstate actors analyses the relevant rules of international law applicable to the extraterritorial use of force by states against the acts of nonstate actors that cannot necessarily be attributed to a particular state. Nor have the targeted states provided uniform legal arguments in defense of their actions. The possibility of selfdefence against nonstate actors 25 1. O flasch the exercise of selfdefence against isil in.

This is especially so because it is hard to justify in principle, say, why there should be special rules of attribution when it comes to the use of force by non state actors pure and simple, but no such rules when it comes to how that force is used, e. Can non state actors be responsible for an armed attack. Candidate, the hague university of applied sciences, the netherlands. Content and structure the online executive diploma on international law will consist of a total of 10l interactive online workshops covering the following topics. The first, extraterritorial use of force against nonstate actors by noam lubell, examines the background question in jus ad bellum of when it is lawful for a state to use force across borders against nonstate actors such as terrorist groups. Waseem ahmad qureshi follow this and additional works at. Extraterritorial use of force against nonstate actors request pdf. Limited electronic distribution rights visit rand at. The illegality of extraterritorial use of force against non. Excuse defences exclude the consequences of unlawfulness eg. Review of extraterritorial use of force against nonstate actors by noam lubell by n. Demonstrate profound understanding of key issues of the extraterritorial use of force against nonstate actors. Extraterritorial use of force against nonstate actors analyses the relevant rules of international law applicable to the.

The reaction to the 911 attacks on the world trade centre towers in new york is taken as a leading case, but the book is not limited to the context of this case. State failure and the extraterritorial use of force in self. It will be argued that in the course of two decades the legal rules governing the use of force have been readjusted so as to permit forcible responses against terrorism under more lenient conditions. Ashley deeks relates the test to selfdefence and indeed to the necessity condition of selfdefence but the article often treats it as an independent test and more or less as a decisionmaking test removed from the legal conditions. Lubell, extraterritorial use of force against nonstate actors 2014, at 2542. Are extraterritorial armed conflicts with nonstate groups international or noninternational.

On different mechanisms of accountability in respect of nonstate actors see, e. Noam lubell, extraterritorial use of force against nonstate. Syria exemplifies a state using force against a nonstate actor without the consent of. Executive diploma on international law online unitar. Extraterritorial use of force against nonstate actors and the. Extraterritorial application of human rights treaties.

This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against nonstate. Since the creation of the united nations in 1945, the ability of states to resort to armed force without violating what might be considered as the single most important norm of international law, has. Extraterritorial use of force against nonstate actors core. This thesis seeks to explore whether or not existing international law can be interpreted to permit the extraterritorial use of selfdefence against. The use of force against perpetrators of international terrorism. The right of states to use force against nonstate actors. However, the victim states in these unique situations have occasionally invoked the lawful right to use extraterritorial force in the name of selfdefense to deal with these threats in the cases in which the host states are unwilling or unable to deal with the threat possessed by the nonstate actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to largescale military operations amounting to. The dissertation examines the right of a state to use extraterritorial defensive force against a nonstate actor without the territorial state s consent. The practice of states using force against non state actors operating from within the territory of other states is widespread.

Introduction united nations general assembly resolution 4061 of december 9, 1985, unequivocally condemns all acts, methods, and practices of terrorism wherever and by whoever committed including those which jeopardize friendly relations among states. Dinstein, war, aggression and selfdefence 5th edn, 2012, at 190. The use of force by nonstate actors 565 illustrates how obligations can be directed to nonstate actors, including in the context of counterterrorism, arms embargoes and access to humanitarian assistance. Request pdf extraterritorial use of force against nonstate actors this book analyses the primary relevant rules of international law applicable to. O flasch the exercise of selfdefence against isil in syria.

History has provided many examples of such extraterritorial use of force, from the us incursions into cambodia in 1970 to counter the vietcong to the colombian strikes against farc camps in ecuador in 2008. The right of selfdefence against non state actors is increasingly invoked and accepted in the practice of states. Extraterritorial selfdefense against nonstate actors. Jun 14, 2016 the legality of the air strikes against isil in syria. First, the impact of non state actors and their ability to use force transnationally is more prominent today than in the second half of the 20th century when the genesis of the modern conception of attribution was laid down. Given its crosscutting perspective, this book is highly recommended reading for students of the. In 2011, the liquidation of osama bin laden, the confirmation of the president of the united states authority to detain nonstate belligerents until the end of the. Sub hamburg a533308 extraterritorial use of force against.

My motivation for doing this is that i continue to read books, articles and official announcements by states claiming a legal right to. Use of force against nonstate actors and the circumstance. The use of force against perpetrators of international terrorism 3 i. This is especially so because it is hard to justify in principle, say, why there should be special rules of attribution when it comes to the use of force by nonstate actors pure and simple, but no such rules when it comes to how that force is used, e. The use of force against perpetrators of international terrorism dr. Possibility of selfdefence against nonstate actors. It examines the prohibition on the use of force, and whether the concept of armed attack as appears in the rules of selfdefence, includes attacks by nonstate actors.