Relevant bibliographies by topics / Self-Defence of State

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Self-Defence of State'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Self-Defence of State.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Self-Defence of State"

1

Renzo, Massimo. "State Legitimacy and Self-defence." Law and Philosophy 30, no. 5 (June 2, 2011): 575–601. http://dx.doi.org/10.1007/s10982-011-9105-2.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

TSAGOURIAS, NICHOLAS. "Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule." Leiden Journal of International Law 29, no. 3 (June 22, 2016): 801–25. http://dx.doi.org/10.1017/s0922156516000327.

Full text
Abstract:
AbstractThis article examines the law of self-defence as applied to non-state attacks in light of the coalition air strikes against ISIL in Syria. It critiques the two current interpretations of the law of self-defence – one based on attribution and the other on the ‘unable or unwilling’ test – for failing to address adequately the security threat posed by non-state actors or for not addressing convincingly the legal issues arising from the fact that the self-defence action unfolds on the territory of another state. For this reason, it proposes an alternative framework which combines the primary rule of self-defence to justify the use of defensive force against non-state actors, with the secondary rule of self-defence to excuse the incidental breach of the territorial state's sovereignty.
APA, Harvard, Vancouver, ISO, and other styles
3

Khanna, Pallavi. "STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE." BRICS Law Journal 5, no. 4 (December 15, 2018): 139–54. http://dx.doi.org/10.21684/2412-2343-2018-5-4-139-154.

Full text
Abstract:
Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?
APA, Harvard, Vancouver, ISO, and other styles
4

Barber, N. W. "SELF-DEFENCE FOR INSTITUTIONS." Cambridge Law Journal 72, no. 3 (November 2013): 558–77. http://dx.doi.org/10.1017/s0008197313000706.

Full text
Abstract:
AbstractThis article reflects on a group of constitutional devices: mechanisms that empower one state institution to defend itself against another. The institution is given a shield to protect against the attentions of another body, or is given a sword it can use to repel an attack. Self-defence mechanisms are interesting for many reasons, but particularly for the light they cast on the separation of powers. These measures seem contrary to the normal prescriptions of that principle, allocating a capacity to a body that it appears ill suited to possess. Understanding why the separation of powers requires these surprising allocations helps explain its operation in ordinary contexts.
APA, Harvard, Vancouver, ISO, and other styles
5

VAN STEENBERGHE, RAPHAËL. "Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice: A Step Forward?" Leiden Journal of International Law 23, no. 1 (February 2, 2010): 183–208. http://dx.doi.org/10.1017/s0922156509990380.

Full text
Abstract:
AbstractThis article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states to respond in self-defence to private armed attacks, that is, attacks which are committed by non-state actors only. The article also aims to shed some light on other fundamental conditions of the law of self-defence which played a significant role in the legal assessment of the recent state practice. It is argued in this respect that this practice confirms that any armed attack must reach some level of gravity – which may be assessed by accumulating minor uses of force – in order to trigger the right of self-defence, and that proportionality of the action taken in self-defence may be assessed in quantitative terms, but only as a means of making a prima facie judgement about the necessity of this action.
APA, Harvard, Vancouver, ISO, and other styles
6

Tams, Christian J., and James G. Devaney. "Applying Necessity and Proportionality to Anti-Terrorist Self-Defence." Israel Law Review 45, no. 1 (March 2012): 91–106. http://dx.doi.org/10.1017/s0021223711000033.

Full text
Abstract:
Recent years have seen increasing reliance on self-defence as a concept justifying the use of force against armed attacks by terrorists operating from within a foreign state. While the matter has prompted major debates, a good case can be made that contemporary international law now begins to recognise a right of self-defence against attacks by terrorists. (We will refer to this in the following as ‘anti-terrorist self-defence’, meaning a response directed against an attack carried out by a terrorist organisation.) This article deliberately does not rehearse the major debates about the scope of self-defence, but moves beyond them. It seeks to assess whether and how the two main limitations on the exercise of self-defence – namely necessity and proportionality – could be adapted to self-defence outside the inter-state setting. It shows that both limitations do indeed require some adaptation in order to be applied to anti-terrorist self-defence.With respect to necessity, we argue that this adaptation is actually a chance to make sense of a requirement that is of very limited practical relevance in the inter-state setting. As the article shows, necessity can assume a crucial role in the anti-terrorist setting: in order for trans-border uses of force to be necessary, states invoking self-defence must demonstrate that the terrorist threat cannot be repelled by the host state (on whose territory the terrorists are based).As for proportionality, recent debates about anti-terrorist self-defence expose the weaknesses of proportionality as a restraint on self-defence. Construed primarily as a prohibition against excessive force, even in the inter-state setting, proportionality has always been dependent on the nature of the aims pursued in the name of self-defence. Recent anti-terrorist practice suggests that many states are prepared to accept far-reaching uses of force against terrorists. It also suggests that, in applying proportionality, the targeted (or otherwise) character of the response is of crucial importance. The law is clearly in a state of flux, but in debates such as those about Turkey's use of force against the PKK or Israel's military operations against Hamas or Hezbollah, one can see the beginning of a process of developing guidelines on proportionality.
APA, Harvard, Vancouver, ISO, and other styles
7

Müllerson, Rein. "Self-defence against Armed Attacks by Non-State Actors." Chinese Journal of International Law 18, no. 4 (December 1, 2019): 751–75. http://dx.doi.org/10.1093/chinesejil/jmz037.

Full text
Abstract:
Abstract Armed attacks in the sense of Article 51 and customary international law can be carried out not only by States, but also by non-State actors (NSA). Self-defensive responses to attacks by NSAs, due to their specific characteristics, may contain a combination of elements of anticipatory self-defence and defensive reprisals. If a State, from the territory of which an attack originates, is unable to prevent an NSA attacking a third State, it has to ask for and to accept the assistance of the victim State, other States, or relevant international organisations. The latter cannot use military force in self-defence in such circumstances without having first sought the consent of the territorial State. However, if a State is unwilling to prevent an NSA, operating from its territory, from attacking third States, it becomes an accessory-after-the-fact to armed attacks of the NSA. Self-defensive, either individual or collective, measures can be carried out on the territory of such a State even without its consent.
APA, Harvard, Vancouver, ISO, and other styles
8

Palchetti, Paolo. "Armed Attack against the Military Force of an International Organization and Use of Force in Self-Defence by a Troop-Contributing State: A Tentative Legal Assessment of an Unlikely Scenario." International Organizations Law Review 7, no. 2 (2010): 241–60. http://dx.doi.org/10.1163/157237410x543350.

Full text
Abstract:
AbstractIf the military force of an international organization is made the object of a military attack by a State, that international organization may be regarded as being entitled to use force in self-defence. However, since the forces of international organizations are generally composed of national contingents which States put at the disposal of the international organizations, the question may be raised as to whether, in case of an armed attack against such forces, the sending State would also be entitled to use force in self-defence to protect its national contingent. This question, which was addressed, albeit in a very cursory manner, in the 2009 Report of the EU Independent International Fact-Finding Mission on the Conflict in Georgia, has to be answered taking into account the status of national contingents as organs of the sending States. By attaching relevance to the contingent's dual status and to the rationale underlying the rule on self-defence, this study argues that whenever the national contingent is made the object of an armed attack the possibility for the sending State to invoke self-defence cannot be excluded. In particular, the invocability of self-defence by the sending State should be admitted in those cases in which the armed attack is clearly aimed at targeting that State.
APA, Harvard, Vancouver, ISO, and other styles
9

PADDEU, FEDERICA I. "Use of Force against Non-state Actors and the Circumstance Precluding Wrongfulness of Self-Defence." Leiden Journal of International Law 30, no. 1 (October 19, 2016): 93–115. http://dx.doi.org/10.1017/s0922156516000583.

Full text
Abstract:
AbstractThe right of self-defence against non-state actors is increasingly invoked and accepted in the practice of states. However, the recognition of this right must overcome a fundamental obstacle: that of explaining why the rights of the host state, in particular its right of territorial sovereignty, is not infringed by the self-defensive force used within its territory. In practice, states invoking self-defence against non-state actors rely on the involvement of the host state with those actors to justify the use of force in that state's territory. It is not clear, from a legal standpoint, how to rationalize the fact of involvement as a form of legal justification. For some, involvement amounts to attribution. For others, involvement is a form of complicity. For others still, involvement may entail a breach of the host state's due diligence obligation to protect the rights of other states in its territory. All of these solutions are deficient in some way, and have failed to receive general endorsement. This article considers whether there may be a different, as yet neglected, solution: self-defence as a circumstance precluding wrongfulness. The article shows that this is not a perfect solution either, since positive law remains uncertain on this point. Nevertheless, it is a solution that may provide a better normative framework for the development of the law of self-defence against non-state actors.
APA, Harvard, Vancouver, ISO, and other styles
10

Walulya, Gerald, and Goretti L. Nassanga. "Democracy at Stake: Self-Censorship as a Self-Defence Strategy for Journalists." Media and Communication 8, no. 1 (February 25, 2020): 5–14. http://dx.doi.org/10.17645/mac.v8i1.2512.

Full text
Abstract:
The media play an essential role of informing and mobilising voters as well as facilitating a two-way communication process between citizens and those vying for electoral offices during elections. This allows citizens to get information on various issues from the contenders, which largely informs their electoral decisions. In most less democratic societies however, this media function is increasingly becoming difficult to fulfil due to challenges journalists encounter during electoral processes. Using Uganda’s last general elections in 2016 as a case study, this article discusses the safety of journalists during elections basing on findings from a bigger study on the media coverage of the 2016 elections, supplemented by in-depth interviews with 10 journalists who covered the elections. In addition, the analysis makes reference to the 2016 Uganda Press Freedom Index. Findings of this research show that journalists face more safety and security risks during elections particularly perpetuated by state security agencies. Compared to previous elections, the 2016 elections also recorded the highest number of victims who were female journalists. This article highlights key challenges journalists face during elections, which include: state harassment and intimidation, arrest of those considered critical to the state, and denial of access to important information. Due to concerns of their own safety, journalists have responded to the insecure work environment by engaging in self-censorship, thereby giving biased or limited information to the public. The article identifies gaps that media development agencies can help to close if the media are to play their rightful role in a democratic society, especially during the electoral process.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Self-Defence of State"

1

Blachura, A. "'State failure' and the extraterritorial use of force in self-defence against non-state actors." Thesis, University of Westminster, 2016. https://westminsterresearch.westminster.ac.uk/item/9ywx8/-state-failure-and-the-extraterritorial-use-of-force-in-self-defence-against-non-state-actors.

Full text
Abstract:
The thesis is first and foremost the examination of the notion and consequences of ‘state failure’ in international law. The disputes surrounding criteria for creation and recognition of states pertain to efforts to analyse legal and factual issues unravelling throughout the continuing existence of states, as best evidenced by the ‘state failure’ phenomenon. It is argued that although the ‘statehood’ of failed states remains uncontested, their sovereignty is increasingly considered to be dependent on the existence of effective governments. The second part of this thesis focuses on the examinations of the legal consequences of the continuing existence of failed states in the context of jus ad bellum. Since the creation of the United Nations the ability of states to resort to armed force without violating what might be considered as the single most important norm of international law, has been considerably limited. State failure and increasing importance of non-state actors has become a greatly topical issue within recent years in both scholarship and the popular imagination. There have been important legal developments within international law, which have provoked much academic, and in particular, legal commentary. On one level, the thesis contributes to this commentary. Despite the fact that the international community continues to perpetuate a notion of ‘statehood’ which allows the state-centric system of international law to exist, when dealing with practical and political realities of state failure, international law may no longer consider external sovereignty of states as an undeniable entitlement to statehood. Accordingly, the main research question of this thesis is whether the implicit and explicit invocation of the state failure provides sufficient legal basis for the intervention in self-defence against non-state actors in located in failed states. It has been argued that state failure has a profound impact, the extent of which is yet to be fully explored, on the modern landscape of peace and security.
APA, Harvard, Vancouver, ISO, and other styles
2

Rafighdoust, Hamed. "The right of self-defence against cyber attacks by states and non-state actors." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/666857.

Full text
Abstract:
Actualment, l’evolució tecnològica, particularment en el camp del espai cibernètic, ha donat lloc a reptes seriosos per la seguretat dels Estats. Ocasionalment, els atacs cibernètics tenen els mateixos efectes destructius que les armes militars. Donada la manca d’acords entre Estats per tal de constituir noves normes sobre el ciberespai, la comunitat internacional ha provat de fer front als atacs cibernètics mitjançant l’aplicació per analogia del Dret Internacional existent. En el primer capítol, el nostre estudi inicia amb una aproximació històrica al principi de la prohibició de l’ús de la força, el qual té com a finalitat estudiar el seu desenvolupament. Més tard, seguim informant-nos sobre els instruments legals i la jurisprudència més rellevants per aclarir dit principi en el Dret Internacional contemporani. En la segona part identifiquem l’abast i significat del principi de la prohibició de l’ús de la força i proporcionem una àmplia visió sobre tal principi examinant les seves característiques més significatives, com ara l’aplicablitat del principi en relacions internacionals i la seva inaplicabilitat en conflictes intraestatals. El segon capítol està relacionat amb el dret de legítima defensa com excepció de la prohibició de l’amenaça o ús de la força. Principalment, en aquest capítol, examinarem les consideracions i característiques generals del principi del dret de legítima defensa. A continuació, estudiarem l’atac armat alhora que els requisits fonamentals i altres requisits significatius (necessitat, proporcionalitat i immediatesa) per a justificar el dret de legítima defensa contra actors estatals i no estatals. En relació amb el requisit d’immediatesa, examinarem algunes controvèrsies legals sobre legítima defensa anticipada, preventiva o fins i tot a posteriori, en en el Dret Internacional contemporani. El tercer capítol is la pedra angular del nostre estudi. Està relacionat amb el dret de legítima defensa contra operacions cibernètiques per part d’actors estatals i no estatals. Inicialment, examinarem el concepte, les característiques i la classificació de les diferents operacions cibernètiques. A continuació, de conformitat amb la quantitat de força emprada, analitzarem les operacions cibernètiques i altres activitats relacionades les quals, directa o indirectament, puguin violar el principi de la prohibició de l’amenaça o ús de la força. A més, estudiarem altres tipus d’operacions cibernètiques que puguin ser inferiors al nivell requerit per dit principi. A la llum de la gravetat, examinar aquelles operacions cibernètiques que puguin constituir un atac armat per a justificar el dret de legítima es tractarà en una altra secció dins d’aquest capítol. A la llum dels atacs cibernètics indirectes duts a terme per actors no estatals, s’estudiaran, també, les dificultats a l’hora d’atribuir l’atac cibernètic als Estats. Finalment, l’última secció està relacionada amb l’adaptació dels altres requisits del dret de legítima defensa (necessitat, proporcionalitat i immediatesa) a l’exercici de tal dret contra els atacs cibernètics, posant atenció especial en la possibilitat legal d’actuar en legítima defensa abans que ocorri l’atac cibernètic.
Nowadays, technological advancement, particularly in the field of cyberspace, has brought serious challenges for the security of States. Occasionally, cyber attacks have the same destructive effects as military weapons. Given the lack of agreement among States to constitute new norms on cyberspace, the international community has always attempted to cope with cyber threats by analogy from current International Law. In the First Chapter, our research begins with a historical approach to the principle of the prohibition of the use of force, which aims at studying its development. Later on, we keep on inquiring the most significant law instruments and international jurisprudence to clarify such principle in contemporary International Law. In the second part, we identify the scope and meaning of the principle of the prohibition of the use of force and provide an extensive view on such principle by examining its most significant features, such as the applicability of the principle in international relations and its inapplicability in intra-State conflicts, etc. Besides, examining the different modalities of the use of force is part of this chapter. Both the scope and meaning of the threat of use of force will be surveyed separately from the scope and meaning of the use of force. Finally, at a glance, we will explain the different exceptions of the principle of the prohibition of the threat or use of force. The Second Chapter is related to the right of self-defence and the exception of the prohibition of the threat or use of force. Primarily, in this Chapter, we will examine the general considerations and characteristics of the principle of the right of self-defence. After that, we will study the armed attack as well as the primary requirement and other significant requirements (necessity, proportionality and immediacy) to justify the right of self-defence against State and non-State actors. They will take up an important part of our research. In relation to the immediacy requirement, we will examine some legal controversies about the anticipatory, preventive self-defence or even the a posteriori in contemporary international law. The Third Chapter is the cornerstone of our research. It is related to the right of self-defence against cyber operation by States and non-State actors. Initially, we examine the concept, characteristics and classification of cyber operations. Afterwards, in conformity with the amount of force, we examine cyber operations and other related activities which, directly and indirectly, may violate the principle of the prohibition of the threat or use of force. Moreover, we survey other kind of cyber operations that may be below the level of such principle. In light of the graveness, those cyber operations that may constitute an armed attack to justify the right of self-defence will be examined in another section within this very same chapter. In light of indirect cyber-attacks carried out by non-State actors, difficulties to attribute the cyber attack to the States will be surveyed, too. Last section is related to the adaptation of the other requirements of the right of self-defence (necessity, proportionality and immediacy) to the exercise of such right against cyber-attacks, with especial attention to the legal possibility to act in preventive or anticipatory self-defence before a cyber-attack occurs.
APA, Harvard, Vancouver, ISO, and other styles
3

Mossberg, Sofia. "Self-Defence Against Non-State Cyber Attacks : The Attribution Problem in Cyberspace." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411823.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Van, Tonder Francette. "Self-defence against non-state actors The terrorisation by Al-Shabaab in Kenya." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53201.

Full text
Abstract:
The dissertation examines whether Kenya can retaliate in full self-defence against Al-Shabaab on Somali territory. Article 51 UN Charter contains the right to self-defence and is an exception to Article 2(4), which prohibits the use of force. The development of the right to self-defence is illustrated with reference to state practice, ICJ decisions and opinions of legal scholars. An enquiry is made into what the required nature of the military attack should be to be classified as an armed attack. This essentially encompasses the question whether an act by a non-state actor is of a sufficient gravity to trigger the right to self-defence. Furthermore, an enquiry is made into whether non-state actors, of whom attacks cannot be attributed to a state, can nevertheless launch armed attacks and trigger the right to self-defence. The current status of the traditional effective control test of attribution is examined as well as the unwilling or unable test which determines whether it is necessary to make use of full-scale self-defence.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Public Law
LLM
Unrestricted
APA, Harvard, Vancouver, ISO, and other styles
5

Ozubide, Alabo. "Extraterritorial use of force against non-state actors and the transformation of the law of self-defence." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/60083.

Full text
Abstract:
The United Nations, states and regional organisations have spent invaluable time and resources to maintain international peace and security in a largely anarchical international system, owing to armed conflicts between states and non-state actors (NSAs). This state of affairs is exacerbated by the proliferation of weapons of mass destruction, transnational terrorist networks, failed states and a disregard for international norms by powerful states. This is in spite of the normative and policy frameworks that have been established to constrain the use of force by states in the territories of one another. Article 2(4) of the United Nations Charter prohibits the use of force by states in their relations, unless they rely on the exceptions in articles 51 and 42 and the customary law doctrine of ?consent?. In addition, it was the requirement of international law that a state may use force against NSAs, only if it attributes the conduct of the NSAs to a state. This thesis examines the extraterritorial use of force by states against terrorist non-state actors, and the focus is to answer the question ?whether the law of self-defence has been transformed?. The investigation has been conducted with particular attention to whether the post 9/11 practice of states, the Security Council resolutions 1368 and 1373, the use of pre-emptive self-defence by the United States, Israel and a few other states, the disregard for attribution of the conduct of NSAs to states and the overwhelming international support for contemporary incidents of the use of force by states against NSAs, such as Al Qaeda, the Taliban, Al-Shaabab, the Khorasan Group and the Islamic State of Iraq and the Levant, have caused a change in the law of self-defence. Firstly, the study finds that pre-emptive self-defence which does not require imminence has not been accepted as part of international law and it argues that its unlawful use could not cause a change in the law. Secondly, as far as the use of self-defence against non-state actors is concerned, it finds that the actions of the United States against Al Qaeda following resolutions 1368 and 1373 of the Security Council, the lowering of the attribution standard and the toleration by the international community of the use of force against terrorists in Afghanistan, Iraq, Syria, Lebanon, Yemen, Pakistan, Ecuador, Somalia and Mali without attributing their conduct to states, could be interpreted as amounting to a transformation of the law of self-defence. Accordingly, this study recommends the acceptance of the lowered threshold in the attribution requirement, but it also recommends a corresponding disregard of ?pre-emptive self-defence? as not forming part of the corpus of international law. It is also recommended that the jurisdiction of the International Criminal Court be enlarged to try transnational terrorism as one of the egregious crimes against mankind.
Thesis (LLD)--University of Pretoria, 2016.
Centre for Human Rights
LLD
Unrestricted
APA, Harvard, Vancouver, ISO, and other styles
6

Bickerstaffe, Emma-Louise McQuilkan. "The use of force in armed conflict and the inherent right of self-defence of state armed forces." Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709487.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Melin, Carl Victor. "Does the threshold for an ‘armed attack’ within the meaning of Article 51 of the UN Charter leave a state unable to act vis-à-vis an opponent using hybrid warfare strategies?" Thesis, Försvarshögskolan, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-9973.

Full text
Abstract:
The purpose of this thesis to to investigate if the complex and ambiguous means of a hybrid warfare strategy in the context of the ‘armed attack’ threshold. The ‘armed attack’ threshold sits within the UN Charter article 51 and it constitutes the legal provision that the right to self-defence, both unilaterally and collectively, is only triggered in the event of an ‘armed attack’. It is therefore important to determine if this threshold can through the ambiguous and complex structure of hybrid warfare be circumvented or obfuscated to prevent, delay or weaken a State’s ability to act in self- defence or by other means. To examine this problem, this thesis approached it by describing the concept of hybrid warfare and the legal framework that constitute the ‘armed attack’ notion in the context of self-defence. And by, to the extent possible analysed if the hybrid warfare means; cyber warfare, information warfare and the use or support of proxy forces could individually amount to an ‘armed attack’ by viewing how these means were used in Ukraine by Russia. This thesis argues, that a hybrid adversary can through the inherently complex and ambiguous nature of hybrid warfare and its means, obfuscate its attribution under certain circumstance to prevent, limit or delay the ability of a State to act in self-defence or by other means.
APA, Harvard, Vancouver, ISO, and other styles
8

Wallerstein, Shlomit. "Permissible self-defence, democratic states and anti-democratic ideologies." Thesis, University of Oxford, 2005. https://ora.ox.ac.uk/objects/uuid:f00255a3-6367-45d1-930e-9f15ee6c8abf.

Full text
Abstract:
Joseph Goebbels, the Nazi minister of propaganda, once said that '... it [will] probably always remain one of the best jokes of democracy, that it provided its own mortal enemies with the means by which it was destroyed'. Was Goebbels right? Does democracy provide its enemies with the means to destroy it? Is democracy defenceless against anti-democratic ideologies? The assassination of the Israeli Prime Minister, the late Yitzchak Rabin, on 4 November 1995 triggered a public debate in Israel about the ability of the state to deal with anti-democratic agents endeavouring to alter a democratic system in the service of an antidemocratic ideology. Almost everyone who took part in the debate assumed that the state has a right to defend itself against such ideologies and those acting in the name of such ideologies. The debate focused on the limitations of this right, offering various boundaries to the permission given to the state to use coercive measures, and more specifically, criminal law. In this thesis I confront Goebbels's proposition and tackle the counter-presumption that the state has a right to defend itself against anti-democratic ideologies. I seek to find a moral source for the state's right to self-defence against internal anti-democratic ideologies.
APA, Harvard, Vancouver, ISO, and other styles
9

Cousens, Elizabeth Malory. "Self-defence as a justification for the use of force between states, 1945-1989." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260684.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Yambissi, Claude Désiré. "La légalité de crise en droit public français." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3037.

Full text
Abstract:
La légalité est un principe qui apparaît comme une pierre angulaire de la notion d’État de droit. L’expression « principe de légalité » a été longtemps utilisée pour affirmer que l’administration doit respecter les règles de droit. Mais, en cas d’une crise majeure, la légalité peut être atténuée. Il est toléré une légalité de crise. L’État a besoin, de disposer d’autres outils juridiques que ceux ordinaires. Des pouvoirs exceptionnels sont conférés à certaines autorités ou reconnus à certaines personnes par des dispositifs juridiques de nature très différente. Cette théorie des circonstances exceptionnelles vise à assurer la continuité de l’État. Elle repose sur l’adage controversé « nécessité fait loi » en vertu duquel dans les cas extrêmes, certains actes qui seraient illégaux en période normale sont justifiés. L’état de nécessité et la légitime défense de l’État sont les principaux faits justificatifs du recours aux pouvoirs de crise. En droit positif, les régimes de crise sont hétérogènes et redondants. La persistance de la menace terroriste accentue l’accumulation des lois et des mesures antiterroristes. L’hétérogénéité des régimes français de crise pose la question de l’unification des principaux états de crise par la réécriture de leur cadre constitutionnel. Le contrôle de l’état d’exception est tempéré par d’importantes prérogatives reconnues à l’exécutif. Cela peut être un risque pour la garantie de l’exercice des libertés fondamentales surtout lorsque l’exception devient permanente ou lorsque le droit commun est contaminé par le droit dérogatoire
Legality is a principle that appears as a cornerstone of the rule of law. The term "principle of legality" has long been used to assert that the administration must respect the rules of law. But, in the event of a major crisis, legality can be mitigated. It is tolerated a legality of crisis. The state needs other legal tools than ordinary ones. Exceptional powers are conferred on certain authorities or recognized to certain persons by legal devices of a very different nature. This theory of exceptional circumstances aims to ensure the continuity of the state. It is based on the controversial "necessity is law" saying that in extreme cases, certain acts that would be illegal in normal times are justified. State of necessity and self-defense of the state are the main justifications for the use of crisis powers. In positive law, crisis regimes are heterogeneous and redundant. The persistence of the terrorist threat accentuates the accumulation of anti-terrorist laws and measures. The heterogeneity of the French crisis regimes raises the question of the unification of the main states of crisis by rewriting their constitutional framework. The control of the state of emergency is tempered by important prerogatives recognized by the executive. This can be a risk for guaranteeing the exercise of fundamental freedoms, especially when the exception becomes permanent or when common law is contaminated by the derogatory right
APA, Harvard, Vancouver, ISO, and other styles
More sources

Books on the topic "Self-Defence of State"

1

International law, hostile non-state entities the scope of the principle of self defence [sic] defense and Pakistan. Islamabad]: Pakistan Law House, 2011.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Wicker, Christian. The concepts of proportionality and state crimes in international law: An analysis of the scope of proportionality in the right of self-defence and in the regime of international countermeasures and an evaluation of the concept of state crimes. Frankfurt am Main: Lang, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Gabor, Thomas. Firearms and self-defence: A comparison of Canada and the United States. [Ottawa, Ont.]: Dept. of Justice, Canadian Firearms Centre, Policy Sector, 1997.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Gaebelein, Thad A. A question of character: Life lessons to learn from military history. New York: Red Brick Press, 1998.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Armstrong, Keith. Courage after fire: Coping strategies for troops returning from Iraq and Afghanistan and their families. Berkeley, CA: Ulysses, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Tams, Christian J., Mary Ellen O'Connell, and Dire Tladi. Self-Defence Against Non-State Actors. Cambridge University Press, 2019.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Tams, Christian J., Mary Ellen O'Connell, and Dire Tladi. Self-Defence Against Non-State Actors: Volume 1. Cambridge University Press, 2019.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Christine, Gray. 4 Self-defence: the framework. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808411.003.0004.

Full text
Abstract:
This chapter discusses the general framework of the law of self-defence. The scope of the right of self-defence is the subject of the most fundamental disagreement between states and between writers. Some of the divisions over the scope of the right of self-defence, especially as to whether anticipatory self-defence against an imminent armed attack and the protection of nationals abroad are lawful, date back to the creation of the United Nations. Other divisions centre on the right to use force in self-defence in response to colonial occupation, to terrorist attacks, and to other attacks by non-state actors. This chapter also discusses the special regime of collective self-defence.
APA, Harvard, Vancouver, ISO, and other styles
9

Kammerhofer, Joerg. The Resilience of the Restrictive Rules on Self-Defence. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0028.

Full text
Abstract:
This chapter examines the resilience of the treaty, and perhaps also customary, law on self-defence since 2001. It first considers ‘resilience’ in the context of the jus ad bellum and how law can be resilient vis-à-vis changing circumstance, opinions, interpretation, and state practice. It then looks at the indicators for and against resilience by analysing post-2001 developments, paying particular attention to three areas: jurisprudence, scholarly literature in international law, and state and institutional practice. The chapter also explains what ‘resilience’ can and cannot be, and how the law and its perceptions change—or remain the same. Two avenues on the question of what is resilient are evaluated: either the norm or its interpretation (perception) change. Finally, the chapter considers a number of cases in which the International Court of Justice has made pronouncements on and partial clarifications of important aspects of the law on self-defence since 2001.
APA, Harvard, Vancouver, ISO, and other styles
10

GRANZOTTO, E. The Right of Self-Defence Against Non-State Actors: The Legality of the Unable or Unwilling Doctrine and How to Improve Its Application in International. Dialética, 2021. http://dx.doi.org/10.48021/978-65-252-0090-3.

Full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Self-Defence of State"

1

Szabó, Kinga Tibori. "Self-Defence in State-to-State Conflicts." In Anticipatory Action in Self-Defence, 141–72. The Hague, The Netherlands: T. M. C. Asser Press, 2011. http://dx.doi.org/10.1007/978-90-6704-796-8_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Szabó, Kinga Tibori. "Self-Defence Against Non-State Actors." In Anticipatory Action in Self-Defence, 203–48. The Hague, The Netherlands: T. M. C. Asser Press, 2011. http://dx.doi.org/10.1007/978-90-6704-796-8_10.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Alder, Murray Colin. "State Practice in Self-defence Since 1945." In The Inherent Right of Self-Defence in International Law, 125–74. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4851-4_6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Tibori-Szabó, Kinga. "Control and the Right to Self-Defence Against Non-State Actors." In Military Operations and the Notion of Control Under International Law, 83–105. The Hague: T.M.C. Asser Press, 2020. http://dx.doi.org/10.1007/978-94-6265-395-5_6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Kielsgard, Mark D. "National Self-Defence in the Age of Terrorism: Immediacy and State Attribution." In Post 9/11 and the State of Permanent Legal Emergency, 315–43. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4062-4_14.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Siciliano, Domenico. "«Al privato onesto un'arma legittima». Per una genealogia della legittima difesa tra il moderamen inculpatae tutelae e la difesa legittima del diritto penale fascista." In Studi e saggi, 39–93. Florence: Firenze University Press, 2020. http://dx.doi.org/10.36253/978-88-5518-202-7.05.

Full text
Abstract:
The contribution is meant to reconstruct the crucial passage from the ‘liberal’ conception of self defence (e.g.: Carrara) to that of the Positive School (for all: Fioretti), which was further articulated by Fascist criminal legal doctrine (Manzini, the Rocco brothers) and imposed with the Italian penal code of 1930. The former conception, in the wake of Beccaria and his thematisation of crime as a political and social problem, does not fundamentally allow the deadly self-defence in the protection of property. For the latter, the ‘subjects’ have a ‘right’ to defend their property, and with it society, even by deadly force. The contribution highlights the partially dissonant voice of the Court of Cassation, which in one opinion reminded the Fascist state the intrinsic weakness of such a conception
APA, Harvard, Vancouver, ISO, and other styles
7

Fukuura, Atsuko, and Eyal Ben-Ari. "The Japanese self-defence forces and cinematic productions: resonance and reverberation in the normalization of organized state violence." In Japanese Visual Media, 161–79. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003154259-8-12.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Alder, Murray Colin. "The Use Force Between States – 1919 to 1939." In The Inherent Right of Self-Defence in International Law, 45–69. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4851-4_3.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Alder, Murray Colin. "The Use of Force Between States – 1815 to 1914." In The Inherent Right of Self-Defence in International Law, 25–44. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4851-4_2.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Alder, Murray Colin. "The Use of Force Between States Before 1815 – The Sovereign Right to Use War." In The Inherent Right of Self-Defence in International Law, 1–23. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4851-4_1.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Self-Defence of State"

1

Osterreicher, Jan. "OPTIONS PROMOTING THE STATE SELF-DEFENCE VIA SOFT POWER AND OUTSOURCING." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s01.018.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Tominc, Bernarda, and Andrej Sotlar. "Varnostno samoorganiziranje državljanov – med teoretičnim konceptom in slovensko deklarativno prakso." In Varnost v ruralnih in urbanih okoljih: konferenčni zbornik. Univerzitetna založba Univerze v Mariboru, 2020. http://dx.doi.org/10.18690/978-961-286-404-0.7.

Full text
Abstract:
Security self-organization is a natural right of an individual and a social group. Still, this right is, in conditions of a high degree of institutionalization of security systems, (partially) regulated by the states – both in declarative and legal manners. In Slovenia, this right has been explicitly provided in the resolutions of the national security strategy (1993, 2001, 2010, 2019), as well as in some key legislation from the field of the internal security system, the defence system, and the system of protection against natural and other disasters. Given that there has been no excessive interest in security self-organization in the last three decades in practice, it seems that also the state did not put many interests in the development of this area, neither in terms of support nor in terms of restrictions. However, the sudden appearance of the paramilitary guards (slov. varde) has initiated a vigorous debate in the professional and lay public, showing that a fair share of civil society and security professionals are unwilling to tolerate security self-organization that tries – self-proclaimed and self-assessed – to fill the security deficit of state organizations.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Self-Defence of State' for particular source types:
Journal articles Dissertations / Theses Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography