Armed Attack, Non-State Actors and a Quest for the Attribution Standard

• Authors: Kowalski Michal
• Languages of publication: EN

Abstracts

EN

Article 51 of the UN Charter, in affirming the inherent right of self-defence of each UN Member State 'against which an armed attack has occurred', clearly indicates that the concept of armed attack plays a key role in delineating the right of self-defence. The concept in question was not, however, defined in the UN Charter, and no universally acceptable definition has yet emerged either in practice or in doctrine. One of the fundamental questions to be addressed in this context is who must engage in armed activity for it to qualify as an armed attack. This question is of particular relevance today because of the threat of international terrorism and the expansion of the concept of armed attack through the inclusion of an act of terrorism. The article discusses in some detail the emerging legal framework for attribution of actions undertaken by non-state actors to states.

Keywords

EN

ARMED ATTACK; NON-STATE ACTORS; UN CHARTER

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2010
• Volume: 30
• Pages: 101-130
• Document type: ARTICLE

Contributors

author

Kowalski Michal

• M. Kowalski, Jagiellonian University in Krakow

Identifiers

CEJSH db identifier

11PLAAAA09973