Self-Defence Against Non-State Actors: Are Powerful States Willing but Unable to Change International Law?

Abstract

Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address fundamental rule of law concerns. The current state of world politics has perhaps caught proponents of the unwilling or unable standard in a difficult bind. We suggest how proponents might carefully develop the law on self-defence against non-State actors.

Perkembangan Seni Bela Diri Maenpo Cikalong di Kabupaten Cianjur Tahun 1907-2019

“…Sifat dari teknik ini yaitu menghantam, mendorong, dan menghempaskan. (Prabantoro et al, 2013) Aksesoris atau pakaian yang digunakan dalam Maenpo Cikalong sama dengan pakaian serta aksesoris yang digunakan dalam aliran-aliran bela diri pada umumnya yaitu baju tradisional khas sunda yang dikenal dengan sebutan pangsi serba hitam ditambah dengan aksesoris iket sunda yang dipakai di kepala (Brunnée, 2018;de Roode, 2019;McQueen, 2019). Dalam pertunjukannya biasanya Maenpo Cikalong diiringi oleh tabuhan musik tradisional gendang, seperti yang dapat dilihat saat demo jurus perguruan silat yang dilangsungkan di Malioboro Yogyakarta tahun 2016 silam.…”

Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts

“…However, within IR's practice turn, several authors have recently added to (and questioned) this conceptualization of change in practices, identifying different forms of change (Villumsen Berling 2012, 455–56, 468–69; Ringmar 2014, 17–20; Schindler and Wille 2015; Hopf 2018). Specifically with regard to change in international law, Jutta Brunnée and Stephen Toope (2010, 2018a, 2018b, 2019) recently extended their ‘interactional’ framework to argue that legal change and contestation are rooted in, and constrained by, the continued assessment of legal norms as fulfilling the requirements of legality. As in their earlier work, they base their approach on the work of Lon Fuller, and identify a set of legality requirements including promulgation, non-retroactivity, constancy, and clarity (Brunnée and Toope 2010).…”

A Due Diligence Standard of Attribution in Cyberspace

“…153 Since 2014, the United States has justified its actions in Iraq and Syria as self-defence against the Islamic State. 154 And finally, a series of surgical strikes in 2016 by India against military launch pads used by terrorists in Pakistan have been justified on the basis of self-defence. 155 The consistency of this practice, repeatedly endorsed by the United Nations, 156 has led some to suggest that the traditional understanding of the self-defence doctrine should no longer be maintained.…”