Skip Navigation

Journal of Conflict and Security Law 2007 12(1):95-126; doi:10.1093/jcsl/krm006
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Shah, N. A.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

Journal of Conflict & Security Law Copyright © Oxford University Press 2007

Self-defence, Anticipatory Self-defence and Pre-emption: International Law's Response to Terrorism

Niaz A. Shah*

* Niaz A. Shah is a Lecturer in Law, School of Law, University of Hull, UK


  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.

I am enormously grateful to Tony Rogers, Nigel White, Brice Dickson, Noelle Quenivet, Owen McEldowney and Khurshid Iqbal for their valuable comments. The errors, however, are all mine.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.