International Law Problems And Countermeasures Of "Cross-border Strike"

"Cross-border strike"refers to a cross-border military action by which a state or several countries use force across the border of another against international terrorist forces in the territory of another state.As far as the practice of the international community is concerned,"cross-border strike" can be divided into four types,namely,"cross-border strike"authorized by the United Nations Security Council and"cross-border strike" that exercise the right of national self-defence,"Cross-border strike" under the principle of request for consent and "cross-border strike" that belongs to unilateral military action.With the rapid development of international terrorism and combined with the current general trend of international counter-terrorism.Though"cross-border strike"as a means of international counter-terrorism already exist and are recognized in practice,in order to prevent the abuse of "cross-border strike"that infringes on the sovereignty of States and endangers international peace and security,the implementation of "cross-border strike"should be strictly restricted.This paper studies the problem of"cross-border strike" from the type of "cross-border strike".First of all,the article sets forth the legal basis of different types of"cross-border strike"in the light of the relevant provisions of the Charter of the United Nations,the relevant contents of the United Nations Security Council resolutions,the domestic law provisions of some countries and international customary law.At the same time,the specific practice of different types of "cross-border strike" is also mentioned.Secondly,this paper analyzes and summarizes the international law problems existing in different types of "cross-border strike" in the light of the current disputes in the international law community on "cross-border strike",such as disputes over the clarity of the mandate of the United Nations Security Council to "cross-border strike",disputes on the precondition,object condition,time condition and degree condition of the exercise of the right to national self-defence,etc.Finally,in view of the international law problems existing in different types of "cross-border strike",the article reaffirms that "cross-border strike" should respect the principle of national sovereignty and the principle of maintaining international peace and security.Moreover,on the basis of clarifying the legal status of various types of "cross-border strikes",the article also puts forward some specific countermeasures,including clarifying the specific content of the"cross-border strike" authorized by the United Nations Security Council,strictly restricting the precondition,the object condition,the time condition and the degree condition of strictly restricting the exercise of the right of national self-defence to"cross-border strike",defining the criteria for the validity of the request for consent principle and emphasizing the strengthening of international counter-terrorism cooperation.