Abstract
From the Sahel-Sahara region to Afghanistan, from Syria to the Philippines, the international community has been witnessing, for a number of years now, the establishment of military training and support partnerships, the launch of joint military operations and the formation of international coalitions which have had a recent upsurge, all of these regional having been specifically designed to fight against and eliminate the terrorist scourge. These different forms of military cooperation have been justified either by a consent or request from the territorial State, by the right of self-defense, or even by an authorization from the UN Security Council. This article’s purpose is to analyze the legal framework within which the operations must fall in order for them to be lawful and their justifications to be valid. Through the analysis of doctrinal debates, actual State practice and the decisions of the International Court of Justice, this paper examines notably the criteria that make an intervention by invitation valid, the limitative conditions of invocation and implementation of the right of self-defense, and finally the original as well as the current mechanism of collective security that has led to the establishment of peace or multilateral operations.
Highlights
Terrorism has become a serious concern to the international community
International cooperation against terrorism is characterized by the implementation of a wide array of measures addressed by the United Nations Counter-Terrorism Strategy
The military operations launched in the context of the fight against terrorism are not left to the sole discretion of the States
Summary
Terrorism has become a serious concern to the international community. In order to prevent and eradicate this scourge that threatens international peace and security, States have been called upon for cooperation. The military operations launched in the context of the fight against terrorism are not left to the sole discretion of the States. On the contrary they are governed by international law, and, very often, by the jus contra bellum which is a legal regime consisting of a fundamental principle enshrined in Article 2, paragraph 4, of the UN Charter – the prohibition of the use of force in the international relations between States – and of two confirmed and recognized exceptions that are the right of self-defense and the use of force authorized by the UN Security Council. In order to determine whether the different forms of military cooperation against terrorism fall within the framework of the jus contra bellum, it is necessary to clarify the content and scope of the principle (I) and its two exceptions (II)
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