Development of the concept of self-defence in line with national interests against modern terrorism from the perspective of international law

Subject Areas : Journal of Law and Politics

ehsan sadeghipoor ¹ , Mahmoud Ganj Bakhsh ² , Kourosh Jafarpour ³

1 - PhD student of Public International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Assistant Professor, Department of Economics and Islamic Banking, Faculty of Economics, Kharazmi University, Tehran, Iran
3 - Assistant Professor, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2023-09-12 Accepted : 2023-12-09 Published : 2023-12-21

Keywords: preventive attack, Modern Terrorism, Self-defence, preemptive attack,

Abstract :

The evolution in the nature and form of international threats in the current century is due to the process of globalization, and terrorism has become transnational and international in response to these changes, which usually occurs with the organization and use of new technologies.Thus, these characteristics have added to the difficulty of fighting and preventing it. Arguably, self-defence against non-state actors is at least sometimes legal. But in terms of the emergence of new types of terrorism such as water terrorism, international jihadism, cyber terrorism, and finally the acquisition of dangerous radioactive, chemical, and biological weapons by terrorists which suddenly endangers international peace and security, This issue is raised, considering the coordinates of modern terrorism, what is the position of reference to preemptive and preventive attack in international law? This research examines the proposed legal theories and arguments with a descriptive analytical method and tests the hypothesis that governments have the right to resort to self-defence by using military forces if they are exposed to an armed attack.