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Content 1. Introduction 2. The Law of the Use of Force: Contents and Current Challenges 3. Preventive Use of Force 3.1. Terminological Difficulties 3.2. The Current International Law Regarding Preventive and Pre-emptive Self-defence 3.2.1. Historic Roots of a Customary Right of Self-defence: The Caroline Incident 3.2.2. State Practice after 1945 3.2.3. The War against Iraq as Evidence of 'Instant Customary Law' of Preventive Use of Force? 3.2.4. Object and Purpose of the UN Charter: A Double-maximisation, Double-minimisation Approach 3.3. Is There a Need to Reconfigure the Right of Self-defence in Light of New Threats to International Security? 4. Use of Force against Non-State Actors 4.1. Non-State 'Armed Attacks' According to Article 51 UNC 4.2. Relative International Legal Personality for Non-State Attackers? 4.3. Targets and Scope of Self-defence against Non-State Attackers: Limitation or Extension of the Right of Self-defence? 5. Conclusion 1. Introduction The terrorist attacks of 11 September 2001 on New York and Washington, D.C., the 'war against terror' declared by the U.S. President and echoed by many governments around the world, the war of the United States and its allies against Afghanistan and against Iraq and the subsequent installation of new governments in these countries had and
Baltic Yearbook of International Law Online – Brill
Published: Jan 1, 2005
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