The Current Legal Framework of the Use of Force against Terrorist Organizations

• Author: Petra Perisic
• Position: Assistant Professor, PhD, Faculty of Law University of Rijeka
• Pages: 18-30

JURIDICA

18

The Current Legal Framework of the Use

of Force against Terrorist Organizations

Petra PERISIC

1

Abstract: Events that took place on 9/11, when symbols of American nation were destroyed by

hijacked civilian airplanes, r aised the issue of the effectiveness of the currently existing legal

framework which regulates terrorist activities. Prior to that event, dealing with terrorist activities was

mostly regulated by conventions, many of which were ratified by no more than couple of states.

However, it became questionable whether these instruments are sufficient to fight terrorists who are

not only immune to a threat of s anctions, but are even ready to sacrifice their lives. After the attacks

took place, the United States launched agains t Afghanistan an armed action, ending up in a more than

a decade long occupation, holding Taliban regime responsible for the attacks undertaken by Al-Qaida.

The United States r esponse to the 9/11 raised an important question: what is the legal response to

terrorist attacks? This article explores the current legal framework of the use of force in response to

terrorist attacks, especially with regard to distinguishing terrorist acts which are attributable to a

certain state, from those which are undertaken by a t errorist group, not associated with any particular

state.

Keywords: international law; war on terror; self-defense

1. Introduction

Invisibility and unpredictability of terrorist acts make terrorism one of the greatest

fears of practically every state, especially those which have a history of combating

terrorism on their soil. Terrorism, as a means of acquiring mostly religious,

political and ideological goals, is no novelty in the modern age. But in spite of the

fact that terrorism represents a serious and a long-existing problem in international

community, it seems that international law rules do not address it in a satisfactory

manner. Attempts have been made, but the lack of consensus among states has

resulted in many issues on terrorism remaining open.

1

Assistant Professor, P hD, Faculty of Law University of Rijeka, Hahlic 6, Rijeka, Croatia. Tel.:

+385.51.359.500; Fax: +385.51.359.593. Corresponding author: pperisic@pravri.hr.

AUDJ, vol. 9, no. 3/2013, pp. 18-30