Legitimacy of the Use of Force in Self-Defense Against Non-State Actors and Its Impact on the Rights of the Host State
Subject Areas : International Legal Research
safiye koohi
1
*
,
peyman Bloori
2
,
Ahmad Shahabi
3
1 -
2 - professor of Islamic Azad University, Zanjan Branch
3 - phd student
Keywords: Self-defense, non-state actors, use of force, Host State, armed attack,
Abstract :
The right to self-defense against non-state actors has gradually gained more acceptance and recognition in state practice. However, the acceptance of this right faces a fundamental challenge: why does the use of defensive force within another state's territory not violate its territorial sovereignty? In practice, states that invoke self-defense against non-state actors usually justify their actions by citing the host state's involvement in cooperating with these actors. However, from a legal perspective, it is unclear how this involvement can be considered a legitimate basis for justifying the use of force. Some view this involvement as equivalent to "attribution," while others interpret it as "complicity." Conversely, some consider this involvement as a violation of the host state's obligation to protect the rights of other states within its territory. Each of these views faces challenges and has not garnered widespread support. This article explores the possibility of offering a different and less considered solution: that self-defense be seen as a circumstance precluding wrongfulness. Although this solution does not appear to be fully conclusive and international law still contains ambiguities in this area, it may offer a more appropriate normative framework for developing the concept of self-defense against non-state actors.
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