Applicability of the right to self-defence against international terrorism: the terrorist act as an armed attack

  • Aritz Obregón Fernández Universidad del País Vasco (UPV/EHU)
DOI: https://doi.org/10.18543/ed.2929
Keywords: Armed attack, self-defence, use of force, international terrorism, accumulation of events doctrine

Abstract

The emergence of terrorist groups that succeed in gaining effective control of territory has led states to resort to the use of force in order to eliminate their safe havens and territorial bases. To do so, in many cases, they have invoked the right to legitimate self-defence. In this context, this paper aims to analyse the applicability of this institution against international terrorism, studying one of its prerequisites: armed attack. Thus, it corroborates that serious terrorist acts can be classified as armed attacks, understanding that this is a reconceptualization and application of this legal category, analyses the threshold of seriousness required and studies the applicability of the doctrine of accumulation of events.

Downloads

Download data is not yet available.

Author Biography

Aritz Obregón Fernández, Universidad del País Vasco (UPV/EHU)

Doctor en Derecho Internacional

Published
2023-12-22
How to Cite
Obregón Fernández, Aritz. 2023. “Applicability of the Right to Self-Defence Against International Terrorism: The Terrorist Act As an Armed Attack”. Estudios De Deusto 71 (2), 121-46. https://doi.org/10.18543/ed.2929.
Issue
Vol. 71 No. 2 (2023)
Section
Studies

Last update: 08/02/2022

The authors, by submitting their manuscripts to the Estudios Deusto. Revista de Derecho Público, accept the conditions listed below on copyright and undertake to comply with them.

  1. Authorship: The author must be the sole creator of the work or legally acting on behalf of and with the full agreement of all the authors.
  2. Copyright, liability and Ethical Guidelines:
    1. Authors warrant that their manuscript is original; has not been previously copyrighted or published in any form; is not under consideration for publication elsewhere; its submission and publication do not violate the Ethical Guidelines of Estudios Deusto. Revista de Derecho Público and any codes (of conduct), laws or any rights of any third party; and no publication payment by the Publisher (University of Deusto) is required.
    2. Authors grant to the Publisher the worldwide, sub-licensable, and royalty-free right to exploit the manuscript in all forms and media of expression, now known or developed in the future, for educational and scholarly purposes.
    3. Authors retain the right to present, display, distribute, develop, and republish their manuscript to progress their scientific career provided the original publication source (Estudios Deusto. Revista de Derecho Público) is properly acknowledged and in a way that does not suggest the Publisher endorses them or their use of the work.
    4. Authors warrant that no permissions or licences of any kind have been granted or will be granted that might infringe the rights granted to the Publisher.
    5. Authors are solely liable for the consequences that may arise from third parties’ complaints about the submitted manuscript and its publication in Estudios de Deusto. Revista de Derecho Público.
  3. Users: Estudios de Deusto. Revista de Derecho Público is an Open Access publication. Its content is free for full and immediate access, reading, search, download, distribution and reuse in any medium or format only for non-commercial purposes and in compliance with any applicable copyright legislation, without prior permission from the Publisher or the author(s). In any case, proper acknowledgement of the original publication source must be made and any changes to the original work must be indicated clearly and in a manner that does not suggest the author’s and or Publisher’s endorsement whatsoever. Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.