THE INTERNATIONAI LEGALI LEGALITY OF SEIF DEFENSE AGAINST NON STATE ACTORSPDF电子书下载

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Detailed Contents 11

Abbreviations 15

Part 1 - Introduction 19

Ⅰ. A Legal Gap 20

Ⅱ. The Wall Decision and the Congo Case 22

Ⅲ. Scope of this Work 26

Ⅳ. States and Non-State Actors 28

1. Article 51, Non-State Actors and State Involvement 28

2. Existing Categories 48

3. Attempt to Define Non-State Actors Relevant Within Article 51 60

Part 2 - Selected Conflicts and State Practice 67

Ⅰ. State Practice and a State's Legal Conviction 67

1. Automatic Self-Defense? 68

2. Silence, Omissions as Indication of Legal Conviction? 70

Ⅱ. Conflicts Between States and Non-States Since the U.N. Charter 72

1. Israeli Actions on Lebanese Territory to Fight the PLO and Hezbollah 73

2. South Africa's Military Actions In Neighboring Countries 123

3. Foreign Interventions in Northern Iraq to Fight Kurdish Groups 139

4. U.S. Military Actions to Fight the Taliban and Al Qaeda 152

5. Further Conflicts 163

6. Conflicts Without Clear Self-Defense Against Non-State Actor 203

7. Conclusion 208

Part 3 - Legal Consequences of an Extensive Right to Self-Defense 211

Ⅰ. Armed Attack 211

1. Methods and Impact 212

2. Notification Requirement 213

3. Immediacy of an Armed Attack 214

Ⅱ. Necessity and Proportionality 215

1. Proportionality and States 216

2. Proportionality and Non-State Actors 218

3. Proportionality and Violations of the Host State's Rights 220

Part 4 - Summary 227

Ⅰ. Summary of the Content 227

Ⅱ. The United Nations Security Council's Responses 229

1. Israeli Actions on Lebanese Territory to Fight the PLO and Hezbollah 230

2. South Africa's Military Actions In Neighboring Countries 239

3. Foreign Interventions in Northern Iraq to Fight Kurdish Groups 242

4. U.S. Military Actions to Fight the Taliban and Al Qaeda 244

5. Israel's Military Actions Against Fedayeen in Egypt 244

6. Lebanon's and Jordan's Complaints Against United Arab Republic 244

7. Military Actions of France Against Algerian Groups in Tunisia 245

8. Israel's Military Actions Against Jordan 246

9. Southern Rhodesia's Military Campaigns 246

10. Portugal's Military Campaigns in Africa 247

11. Israel's Air Raid Against the PLO in Tunis 248

12. Tajikistan's Military Responses Against Afghanistan 249

13. Dispute Between Ethiopia, Eritrea, Sudan, and Uganda 249

14. Israel's Military Responses Against Targets in Syria 249

15. Military Responses Against Hamas by Israel 250

Bibliography 251

Index 261

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