Self-Defense Against Non-State Actors in the Post-9/11 Era: Afghanistan 2001, Lebanon 2006 and Lebanon 2010 revisited
Self-Defense Against Non-State Actors in the Post-9/11 Era: Afghanistan 2001, Lebanon 2006 and Lebanon 2010 revisited

Author(s): Michal Onderčo
Subject(s): International Law, Security and defense, Military policy
Published by: AMO – Asociace pro mezinárodní otázky
Keywords: Non-State Actors; self-defense; pre-emptive self-defense;
Summary/Abstract: This paper seeks to answer a fundamental question to what extend the claims to self-defense against non-state actors and future attacks can be regarded as lawful under international law. In order to answer this question, the present paper is divided into two large chapters. In the first one, I will look into the legal question whether self-defense against non-state actors is permitted. Secondly, the issue of necessity of a attributability of an action of a non-state actor to a state will be scrutinized, bearing in mind the developments in the field of state responsibility for internationally wrongful acts. In the third section, I will look into the scope of possible action that can be undertaken under the aegis of self-defense. Lastly, I will analyze the possible use of preemptive self-defense. All of these aspects will be in the second chapter applied to two past and one potentially future use of military force against a state under the pretext of self-defense against a nonstate actor.

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