The Exercise of the Right of Self-defense Against Non-state Actors─In Light of Terrorist Attack

• Main Authors: HSU,WEI-KAI, 徐偉凱
• Other Authors: TIEN,LIPIN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/2bc8np

碩士 === 國防大學 === 法律學系 === 105 === Article 2, paragraph 4, of the Charter of the United Nations prohibits the use of threats or force, but states in Article 51 that the right of self-defense is a natural right of the State and can not prohibit individual or collective self-defense. The self-defense rights regulated by the Charter are attacked by the State for armed attack,It is used to defend national territory and sovereignty of their fundamental rights conferred. However, whether the exercise of the right of self-defense is confined to the state and the state is still no doubt, but for the non-state actors in recent years for the country caused by terrorist threats and conflicts, has become an international problem. According to this, the focus of this paper is to focus on the 911 terrorist attacks in the United States, to explore the 911 incident and the Islamic countries in recent years and other acts, in the international community for non-state behavior of the object of exercise for the right of self- defense？Secondly, assistance, support, or non-state actors asylum-State actors can exercise the right of self-defense? The right to exercise self-defense aforementioned study objects so that the victim is still controversial in place on the use of force. After all, all countries are using force to counter the destruction of non-state actors and prevent follow-up attacks. In this study, we can use the right of self-defense to exercise force on the premise of the damage caused by non-state actors.