Journal of Conflict and Security Law Advance Access originally published online on August 22, 2008
Journal of Conflict and Security Law 2008 13(1):25-32; doi:10.1093/jcsl/krn016
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A Response to Amos Guiora: Pre-Emptive Self-Defence Against Non-State Actors?
* Faculty of Law, VU University, Amsterdam.
Correspondence: E-mail: T.Gazzini{at}rechten.vu.nl.
| Abstract |
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In this brief response to Professor Guiora's article, the author questions the lawfulness of pre-emptive self-defence in the context of international terrorism. He further argues that Article 51 as it is currently interpreted and the relevant rules on State responsibility provide an adequate legal protection to States. The response also addresses the question of judicial review by national courts over the executive's decision to resort to military force.