E-JOURNAL OF LAW

Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument

Qerim QERIMI*
Published: December 29, 2017Issue: Vol 3, No 2 (2017)OPEN ACCESS
ABSTRACT

rnThis article’s main thrust is to explore distinct features of the legality of the use of armed force as an exercise of the right to self-defense in international law. The focus is on contexts that transcend the traditional operation of the use of military instrument in self-defense. The aim is to go beyond the classic notion of self-defense, meaning the use of military instrument by a state against another state after the attack has occurred. In contrast, the task here is to appraise the legality of the use of force in anticipatory and preemptive self-defense. More specifically, the two scenarios that will appraised in greater detail involve (1) the anticipatory self-defense in cases of terrorist threats or threats to, or use of, nuclear weapons; and (2) the use of force in self-defense in cases when the source of attack has been a non-state actor rather than an independent and sovereign state.rnrn

Keywords:non-state actors  Profnuclear weaponsself-defensestate responsibilityuse of force

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  • Apa: Qerim QERIMI (2017). Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument. E-Journal of Law, 3(2)
  • Mla: Qerim QERIMI "Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument." E-Journal of Law, vol. 3, no. 2, 2017.
  • Chicago: Qerim QERIMI "Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument." E-Journal of Law 3, no. 2 (2017).
  • Vancouver: Qerim QERIMI Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument. E-Journal of Law. 2017;3(2).
  • Ieee: Qerim QERIMI "Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument," E-Journal of Law, vol. 3, no. 2, 2017.
  • Harvard: Qerim QERIMI 2017, 'Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument', E-Journal of Law, vol. 3, no. 2.
  • Ama: Qerim QERIMI Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument. E-Journal of Law. 2017;3(2).