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Combating terrorism and the use of force against a state: a re-look at the contemporary world order

Hamid, Abdul Ghafur@Khin Maung Sein (2013) Combating terrorism and the use of force against a state: a re-look at the contemporary world order. In: the Asian Conference on Politics, Economics and Law (ACPEL 2013), 21-24, November 2013, Ramada Osaka Hotel, Osaka, Japan. (Unpublished)

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Abstract

This paper advocates two main arguments: (1) that a terrorist attack may not be an ‘armed attack’ under Article 51 of the UN Charter to justify the use of military force in self-defence if a State is not responsible for it and if the attack is not of such gravity as to amount to an actual armed attack conducted by regular armed forces; and (2) that to use military force against another State is a serious matter that requires a higher threshold of attribution on the part of a State. The paper also argues that international terrorism cannot be wiped out by means of unilateral use of force against a State in the name of self-defence. Unilateralism may lead to subjectivity, selectivity, double standard and injustice. The paper concludes that multilateralism is the most appropriate way to combat international terrorism and that the latter can be effectively dealt with by coordinated and comprehensive law enforcement measures through proper international bodies, like the UN Security Council, and through appropriate regional organizations.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 3163/33469
Subjects: K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Abdul Ghafur Hamid
Date Deposited: 06 Jan 2014 09:28
Last Modified: 06 Jan 2014 09:29
URI: http://irep.iium.edu.my/id/eprint/33469

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