On Exercise Of The Right Of Self-defense Under International Anti-terrorism Situation

Recently, international terrorism increasingly rampant, which has seriously damaged to the international peace and development, and caused widely public concern. Self-defense is a state's inherent right which specified by Article 51 of UN Charter to resist external armed attack. In the age of counter-terrorism, how to use the right of self-defense to resist the damage of terrorist attacks is an urgent problem to be solve. This thesis analyzes deeply the status quo of currently international terrorism, combining with the theory and practice of the development of self-defense. Moreover, it elaborates the prerequisite, restrictions, and other reasonable applications of the self-defense against the terrorist attack. Furthermore, the thesis investigates the controversial issue of which the right of preventive self-defense is used to against terrorist attack. Besides, considering the preemptive self-defense strategy of America and Iraq War, the thesis is trying to define whether they are conformed to the related stipulation of self-defense rights in the international law. The thesis concludes that preventive self-defense is legal under certain conditions. But the so-called preemptive military action is obviously not eligible to such conditions; it is an invasion instead. The thesis argues that countries should be exercised the right of self-defense against terrorism attacks within the framework of United Nations Security Council. Meanwhile, the right of self-defense should be approved under international law, and establishing mechanisms for international cooperation and international anti-terrorism.