On The New Development Of National Self-defense Right In Anti-terrorism

The right of self-defense is an exception to the prohibition of the principle of the use of force and the only legal basis for unilateral resort to force.Article 51 of the Charter of the United Nations(hereinafter referred to as "the Charter")provides for the first time the State's right of individual and collective self-defense.International customary law for the right of self-defense of the most classic discussion of non-1873 years,"Caroline principle" is none other than.In the 21 st century,the international security situation has undergone tremendous turbulence,and the national right of self-defense has become the focus of safeguarding world peace,which has led to heated discussion on a global scale."9.11" after the event,the world for only countries to launch a military attack on the traditional point of view began a hot and re-understanding.The question of controversy includes the attack by a non-state actor like a terrorist organization,whether the state can exercise its right of self-defense,whether it can exercise the right of self-defense for a terrorist attack or support terrorist organization,and more significantly,The combination of international terrorism and weapons of mass destruction makes it impossible for the State to withstand the catastrophic consequences of the terrorist attacks on weapons of mass destruction and whether the countries that face such a great threat have the right to be threatened before the threat of force has not yet existed To carry out preventive self-defense,to combat terrorism.The United States National Security Strategy,published in 2002,for the first time established a pre-emptive national security strategy,after which the debate between supporters and opponents of the above issues was a hustle and bustle.The question of how to deal with new and old issues such as the above-mentioned exercise of the right of self-defense is a serious question of the international rule of law because the right of self-defense has the potential to undermine the principle of the prohibition of the use of force between States if its interpretation and application are not limited to the appropriate scope,The prohibition of force will become meaningless.Therefore,the study of the issue of the exercise of the national right of self-defense,in the international context of the fight against terrorism,the law of self-defense rights of the break through a jurisprudential analysis,can make use of force of the rule of law,distinguish right and wrong,regulate self-defense against terrorism,Self-defense,against or prevent the use of force in the name of self-defense or military aggression,the maintenance of international security and peace.