Pre-Emptive Self-Defence Against States Harbouring Terrorists

Abstract

This Paper analyses the legality of pre‐emptive self‐defence against states harbouring terrorists and elaborates the following aspect: Whether harbouring terrorists entails state responsibility. Therefore, it discusses secondary norms such as attribution rules. This leads to the main question of the Paper, use of pre‐emptive self‐defence against such states, and the legality of it, is looked at through attribution rules and breach of the due diligence obligation. Pre‐emptive self‐defence has enjoyed a new wave of discussion after adoption of US National Security Strategy in 2002. This doctrine has become well-known as “The Bush Doctrine”. The core aspect of this doctrine is: pre‐emptive attack in self‐defence against states harbouring terrorists. Thus, the primary rules of the use of force and the secondary rules of state responsibility stand together. Moreover the correlation of these two sources of law is evident in this regard.