Self-Defence against Non-State Actors: Possibility or reality?

Abstract

The United Nations Charter has enshrined the general prohibition of the use of force as well as the exception to it through the inherent right of States to defend themself if an armed attack occurs under article 51. However, the proliferation of non-State actors and the response given by States to them are challenges the international community faces to maintain international peace and security. International law must find a balance between the legitimate need of States to defend themselves from the threats that non-State actors present and at the same time to defend the essential principles of sovereign equality, territorial integrity and prohibition of the use of force.

KEYWORDS: international security, equality of States, sovereignty, international tribunal, international conflict.

JEL CODE: K0,K00,K33