The Extraterritorial Use of Force Against Non-State Actors (Volume 418)

2021 ◽  
Keyword(s):  
Use Of Force ◽  
State Actors

scholarly journals The Problem of State Violence

Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 22-37
Author(s):  
Paul Butler
Keyword(s):  
Use Of Force ◽  
State Violence ◽  
The State ◽  
Power Sharing ◽  
The Public ◽  
Role Of The State ◽  
Abuse And Neglect ◽  
The Future ◽  
State Actors

Abstract When violence occurs, the state has an obligation to respond to and reduce the impacts of it; yet often the state originates, or at least contributes to, the violence. This may occur in a variety of ways, including through the use of force by police, pretrial incarceration at local jails, long periods of incarceration in prisons, or abuse and neglect of people who are incarcerated. This essay explores the role of the state in responding to violence and how it should contribute to reducing violence in communities, as well as in its own operations. Finally, it explores what the future of collaboration between state actors and the community looks like and offers examples of successful power-sharing and co-producing of safety between the state and the public.

Conference Report – “From Government to Governance? The Growing Impact of Non-State Actors on the International and European Legal System” - 6th ASIL / NVIR / T.M.C. Asser Institute Joint Conference in The Hague, 3 -5 July 2003

2003 ◽  
Vol 4 (8) ◽  
pp. 827-850 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Conference Report ◽  
International Terrorism ◽  
Joint Conference ◽  
The Hague ◽  
State Actors ◽  
The U.S

This year's 6th Joint Conference held by the American and Dutch Societies of International Law and organised by the T.M.C. Asser Institute in The Hague focused on the increasing importance of the role of non-state actors in international law and at the same time provided an opportunity for American and European lawyers to address recent differences between the U.S. and Europe, e.g. on the use of force in Iraq. Consequently one of the three major issues of the conference was the response to international terrorism, while other issues included the role of international organizations as well as transnational corporations in international law.

Extraterritorial Use of Force against Non-State Actors: PS to Hague Academy Lectures

2021 ◽  
Vol 54 (2) ◽  
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Apparent Contradiction ◽  
Territorial Integrity ◽  
The Hague ◽  
State Actors ◽  
Self Defence

In July 2021, the author presented a Special Course for the Hague Academy of International Law Summer Courses on the Extraterritorial Use of Force against Non-State Actors. The course focused on two bases for the extraterritorial use of force against non-state actors, namely self-defence and intervention by invitation. The lectures came to a conclusion that may, at first glance, appear contradictory. With respect to the use of force in self-defence, the lectures adopted a restrictive (non-permissive) approach in which the use of force is not permitted save in narrowly construed exceptions. With respect to intervention by invitation, the lectures adopted a more permissive approach in which the use of force is generally permitted and prohibited only in narrowly construed exceptions. This article serves as post-script (PS), to explain the apparent contradiction. It concludes that the main reason for this apparent contradiction is the application of the fundamental principles of international law—sovereignty, territorial integrity and independence—which are consistent with intervention by invitation but are undermined by self-defence against non-state actors.

scholarly journals Customary Constraints on the Use of Force: Article 51 with an American Accent

2016 ◽  
Vol 29 (1) ◽  
pp. 67-93 ◽  
Author(s):  
WILLIAM C. BANKS ◽  
EVAN J. CRIDDLE
Keyword(s):  
United States ◽  
Use Of Force ◽  
Legal Culture ◽  
The United States ◽  
Cyber Attacks ◽  
Self Defense ◽  
The Future ◽  
General Principles Of Law ◽  
State Actors ◽  
Legal Constraints

AbstractThis article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of the UN Charter. Instead, they generally focus on legal constraints outside the Charter's text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the tradition's influence on debates over anticipatory self-defense and the use of force against non-state actors abroad. The article concludes by examining how the American restrictivist tradition is beginning to shape the United States’ approach to the use of force in response to cyber attacks.

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