By Noam Lubell
This ebook analyses the first appropriate principles of foreign legislation appropriate to extra-territorial use of strength by way of states opposed to non-state actors. strength during this context takes many types, starting from specified killings and abductions of people to large-scale army operations amounting to armed clash. activities of this kind have happened in what has turn into referred to as the 'war on terror', yet should not restricted to this context. 3 frameworks of foreign legislation are tested intimately. those are the United international locations constitution and framework of overseas legislations regulating the hotel to strength within the territory of alternative states; the legislations of armed clash, sometimes called foreign humanitarian legislation; and the legislations enforcement framework present in overseas human rights legislation. The booklet examines the applicability of those frameworks to extra-territorial forcible measures opposed to non-state actors, and analyses the problems and demanding situations provided via program of the principles to those measures.
The concerns coated comprise, between others: the opportunity of self-defense opposed to non-state actors, together with anticipatory self-defense; the lawfulness of measures which don't agree to the parameters of self-defense; the class of extra-territorial strength opposed to non-state actors as armed clash; the 'war on terror' as an armed clash; the legislation of armed clash regulating strength opposed to teams and members; the extra-territorial applicability of overseas human rights legislation; and the legislation of forcible measures lower than human rights legislation. lots of those concerns are the topic of ongoing and longstanding debate. the point of interest during this paintings is at the specific demanding situations raised by means of extra-territorial strength opposed to non-state actors and the booklet bargains a couple of options to those demanding situations.
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Additional resources for Extraterritorial Use of Force against Non-State Actors
Example text
They would nevertheless have to fulfi l certain criteria, as required in the rules of international armed conflict. 1 of Ch 6, infra, on combatants. 20 Extraterritorial Use of Force Against Non-State Actors across borders, can present challenges to the traditional understanding of the rules of international law. ⁶⁴ One of the difficulties that would be faced if these situations were classified as international would be whether this raises questions over recognition of status for the non-state actors, and how to reconcile the conflict type with matters such as granting prisoner of war immunities.
Under international human rights law, however, intentionally taking the life of an individual who does not at that moment pose a direct serious threat would not accord with the obligation to use lethal force only as the very last option. This and other similar circumstances are addressed in the context of the debates on parallel applicability of the two branches of law. The solutions on offer revolve around principles such as lex specialis and the concept of complementarity. These can be mechanisms for resolving apparent clashes between competing rules by asserting the primacy of one rule over another.
The situations examined here raise, however, another set of questions and challenges not adequately answered in the existing case law. In essence, the problem before us is not how to respond to states that are responsible for the conduct of non-state actors, but rather the issue of taking forcible measures against independent nonstate actors whose conduct cannot necessarily be attributed to a particular state. Forcible action of this type is hardly new,⁵⁶ but it is nevertheless not explicitly or adequately addressed in international law.