Use of Force Terrorism and International Law

Topics: Terrorism, United Nations, Counter-terrorism Pages: 9 (3292 words) Published: February 13, 2012
Title of the Paper: Use of Force, Terrorism and International Law Author : Rishav Banerjee
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Use of Force, Terrorism and International Law

There exist today a number of conventions aimed at combating terrorism. These treat acts of terrorism as criminal acts. However, the events of 11 September 2001 introduced a new dimension into the debate on the use of force in addressing the problem of terrorism. This article discusses what is terrorism, its various interpretations, the United Nations Security Council Resolutions and whether the use of force can be justified under the right of self- defence. However, it is important to remember that acts of terrorism ought as far as possible to be addressed through criminal prosecution. Furthermore, any use of force ought to take place under the control of the UN. And we must be on our guard against any erosion of the prohibition against the use of force in international law.

Use of Force, Terrorism and International Law
Rishav Banerjee

International law, as commonly understood, consists of a body of rules governing the relations between states. It is a system of jurisprudence which for the most part has evolved out of the experiences and the necessities of situations that have arisen or time to time. It has developed with the progress of civilization. Thus international law is the standard of conduct at a given time, for states and other entities subject thereto. It comprises the rights privileges, powers and immunities of states and entities invoking its provisions as well as the correlative fundamental duties, liabilities and disabilities. Thus, International Law is more or less in a continual state of change and development. The very essential attribute of the sovereignty is that it should possess jurisdiction over all persons and things within its territorial limits and in all causes civil and criminals arising within these limits. Mutual respect to each other’s sovereignty places an obligation on the states to ensure that the state by itself its nationals do not indulge in activities against another state in violation of international law and similarly that its territory is not used by persons on its territory in acts in violation of international law. Violations of obligations attract criminal responsibility and gives right to the other state to take measures to protect itself. Problem of Terrorism:

International Community is facing the problem of use of force or violence in the form of terrorism. States as well as non-state actor are indulging in terrorism. A number of states have engaged and continue to engage, directly or indirectly in violence against populations in a manner designed to create fear among them to serve their political ends. Due to increased activities of terrorism, the aims and objects of the U.N. are being undermined and world peace is in danger. Characteristics of terrorism are its extreme violence, its indiscriminate, inhuman and perfidious use of armed force from across the national borders, use of highly injurious weapons, innocent and unsuspecting target victims, chosen target places of religious, or sentimental or national significance or crowded, without warning and surprise attacks, utter disregard of any rules and regulations relating to use of armed forces and complete violation of international...
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