Self-Defence and Weapons of Mass Destruction

There are few more controversial questions in international law than the proper limits of the right of self-defence. The rules are being challenged in the light of what are seen as new threats from terrorism and from the possession of weapons of mass destruction. The UN High-level Panel, in its report to the Secretary-General of 2004, concluded that in all cases relating to decisions to use military force ‘we believe that the Charter of the United Nations, properly understood and applied, is equal to the task’.4 The Principles that follow are intended to provide a clear statement of the rules of international law ‘properly understood’ governing the use of force by states in self-defence.

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Discursive illusions in the American National Strategy for Combating Terrorism

Journal of Language and Politics ◽

10.1075/jlp.7.2.02bha ◽

2008 ◽

Vol 7 (2) ◽

pp. 201-227 ◽

Cited By ~ 19

Author(s):

Aditi Bhatia

Keyword(s):

Mass Media ◽

Detailed Analysis ◽

Weapons Of Mass Destruction ◽

National Strategy ◽

Religious Leaders ◽

Mass Destruction ◽

The Public ◽

Objective Truth ◽

The Mass Media ◽

Self Defence

Social realities are often negotiated and determined by elite groups of society, including political and religious leaders, the mass media, and even professional experts, who give meaning to complex, multifaceted constructs such as terrorism consistent with their individual socio-political agendas. The Bush Administrations National Strategy for Combating Terrorism (NSCT) (2003) defines what we the public and media understand by the term terrorism; who are terrorists; what constitutes terrorism; how we can fight terrorism, etc. In order to convince audiences that the version of reality that the NSCT is representing is the objective truth, particular themes such as the construction of religion, Weapons of Mass Destruction (WMDs), orientalism, and attack vs. self-defence, typically realised through the use of rhetorical resources such as category work, appeals to historicity, negative other-presentation, and the use of metaphor, are utilised. Metaphors are used to construct new and alternate realities. They allow a subjective conceptualisation of reality to appear more convincing through the invocation of emotions and ideologies. Drawing on a detailed analysis of NSCT, the paper investigates how metaphors are combined with other features of language and rhetoric to achieve the themes mentioned above enabling the discourse of illusion to take effect.

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The EU's Role in Restraining the Unrestrained Trade in Conventional Weapons

German Law Journal ◽

10.1017/s2071832200001061 ◽

2009 ◽

Vol 10 (3) ◽

pp. 281-303 ◽

Cited By ~ 1

Author(s):

Zeray Yihdego

Keyword(s):

Human Rights ◽

United Nations ◽

Social Economic ◽

Armed Conflicts ◽

Weapons Of Mass Destruction ◽

Law And Order ◽

Mass Destruction ◽

Small Arms ◽

Conventional Weapons ◽

Self Defence

The excessive availability of conventional weapons, small arms and light weapons (SALW) in particular, and the unrestricted trade which make them available raise serious security, humanitarian and social-economic concerns of international nature. These weapons are the major tools of contemporary armed conflicts, abuses of human rights and humanitarian norms, violence, terrorism and criminality. This has led many, including the former United Nations (UN) Chief, Kofi Annan, to believe that these arms are the real weapons of mass destruction of our time, causing half a million deaths annually. This is not to suggest that conventional weapons are not also useful for good causes. They are necessary for maintaining law and order and self-defence purposes. However, their proliferation and unrestricted transfer across borders, especially from the industrialized world to developing (and conflict-torn) countries, have not yet been addressed. In other words, their availability and supply have not been subjected to proper (legal and enforceable) restrictions.

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Taming the Doctrine of Pre-Emption

10.1093/law/9780199673049.003.0030 ◽

2016 ◽

Author(s):

Ashley Deeks

Keyword(s):

International Law ◽

Cyber Attacks ◽

Weapons Of Mass Destruction ◽

Armed Attack ◽

Mass Destruction ◽

Technological Factors ◽

Jus Ad Bellum ◽

The Future ◽

Self Defence

This chapter examines one of the most contentious issues in the jus ad bellum: whether and when international law permits a state to use force unilaterally before it suffers an armed attack. More specifically, it considers whether pre-emption needs to be tamed. The discussion begins by sorting through the terminology used by states and scholars with respect to acts of self-defence in advance of an attack, with particular reference to three different terms: anticipatory self-defence, pre-emptive self-defence, and preventive self-defence. The chapter then outlines the basic positions in the historical debate about the legality of such self-defence before turning to three geopolitical and technological factors that put pressure on the doctrine of pre-attack self-defence: weapons of mass destruction, terrorism, and cyber attacks. Finally, it evaluates the future of pre-emption, with emphasis on changes in the timing of a state’s right to use force in self-defence.

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The Problem of Imminence in an Uncertain World

10.1093/law/9780199673049.003.0032 ◽

2016 ◽

Author(s):

Noam Lubell

Keyword(s):

Decision Making ◽

International Law ◽

Weapons Of Mass Destruction ◽

Decision Making Process ◽

Mass Destruction ◽

Specific Context ◽

New Approaches ◽

State Practice ◽

Self Defence

This chapter deals with the concept of imminence within the context of anticipatory self-defence under international law. It examines the meaning of imminence, its interpretation, what it might justify and/or exclude, and whether it can be upheld as a criterion to face modern challenges. It outlines the requirement of imminence in relation to the debatable right to anticipatory self-defence, paying particular attention to the development of state practice and the opinions of commentators. It considers the specific context of terrorism and weapons of mass destruction, and examines the reasons that these are sometimes seen as necessitating a new conception of imminence. The chapter provides an analysis of what new approaches might mean, and whether they can be contained within an understanding of imminence. In so doing, the chapter analyses the notion of certainty, the need for evidence, and the effect of the scale of threat on the decision-making process.

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The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force

10.1093/law/9780199673049.003.0049 ◽

2016 ◽

Author(s):

Daniel Joyner

Keyword(s):

International Law ◽

Use Of Force ◽

Weapons Of Mass Destruction ◽

Mass Destruction ◽

Policy Positions ◽

Regional Conflicts ◽

The Us ◽

State Actors ◽

The Law ◽

Self Defence

This chapter examines the proliferation of weapons of mass destruction (WMD) between states and non-state actors and its implications for international law governing the use of force. It considers whether WMD proliferation and changes in security realities have brought a crisis in international law on the use of force and discusses the use of pre-emptive force for preventing states and non-state actors ‘of concern’ from developing and using WMD. It analyses the shift in the policy positions of the US and other relatively powerful states, from more multilateral and diplomacy-based ‘non-proliferation’ to increased emphasis on proactive and often unilateral or small-coalition-based ‘counterproliferation’. It looks at concerns that several states will be emboldened to apply the doctrine of counterproliferation-oriented pre-emption to their regional conflicts. Finally, it evaluates proposals to reform the provisions and procedures of the UN Charter system for regulating the use of force, including the law on self-defence.

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