نوع مقاله : مقاله پژوهشی
نویسندگان
1 هیات علمی دانشگاه امام حسین(ع) تهران
2 کارشناس ارشد حقوق بین الملل
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The right of self-defense for governments, who have been the victim of an armed attack, is well-based in international custom and treaty law. So far the terrorist attacks which are mostly committed by non-state actors, through international jurisdiction especially the Security Counsel resolutions could also be the reason for self-defense. Today the right of self-defense has been accepted in international law. Thus if the victim states of such terrorist attacks, in order to defend their territory and people, will be allowed to resort to force against the terrorist groups or supporting states. But If the victim state invoke self-defense for his attack to the terrorist's camp on the sole of other states, there is no doubt that the assessment of the legitimating of the defense should consider the the different characters of the attack an response. Considering the difference between the form and essence of the international wars (according to article 51 of the UN charter) and the terrorist attacks, the restudy of the well-known criteria of self-defense i.e. “ necessity” ,“ proportionality” and “Immediacy” in the self-defense against terrorist attacks is fully required.
کلیدواژهها [English]
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