STATE WEAKNESS, IRREGULAR WARFARE, AND THE RIGHT TO SELF-DEFENSE POST-9/11

• 成果类型: Article
• 署名作者: Reinold, Theresa
• 署名单位: Goethe University Frankfurt
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• 发表日期: 2011
• 页码: 244-+
• 关键词: actors; ATTACKS; FORCE; LAW

摘要

This article explores the challenge for the jus ad bellum posed by irresponsible sovereigns such as weak states that are either unwilling or unable to control their territory effectively and thus become safe havens for terrorists and other irregular groups. Reviewing state practice post-9/11, the article concludes that the notion that sovereignty implies responsibility for effective territorial control has been used to support a more expansive interpretation of the right to self-defense in response to irregular warfare.