Unit:
Κατεύθυνση Δημόσιο Διεθνές ΔίκαιοLibrary of the School of Law
Supervisors info:
Μαρία Γαβουνέλη, Αναπληρώτρια, τμήμα Νομικής, ΕΚΠΑ
Γεώργιος Κυριακόπουλος, Λέκτορας, τμήμα Νομικής, ΕΚΠΑ
Αναστάσιος Γουργουρίνης, Λέκτορας, τμήμα Νομικής, ΕΚΠΑ
Original Title:
Η θεωρία του Unable or Unwilling και η χρήση βίας κατά της τρομοκρατίας
Translated title:
The Theory of Unable or Unwilling and the use of force against terrorism
Summary:
The continuously expanding activities of terrorist groups, specifically activities of groups in the category of non-state actors, has brought at the frontstage the issues of unilateral activation of the right of self-defence of article 51 of the United Nations Charter, in the form of extraterritorial self- defence. The issues which emerge from this unilateral and without an authorization by the Security Council use of force against the territory of a third state, in which the non-state actor is based, are being analysed at the first part of this diploma thesis. The second part of the thesis focuses on special issues of the theory of unable or unwilling state. The theory aims to cover the gaps in the legislation concerning the breach of the prohibition of the use of force of article 2 para. 4 of the United Nations Charter, since the fight against terrorism, in the light of the theory of unable or unwilling, includes use of force. A number of states (especially those of the USA coalition) have tried to justify their invasions in Syria against ISIS using the theory. That’s why ISIS is the case study of this diploma thesis. A crucial issue is the possibility of the existence of a customary rule which could legitimate the breach of article 2 para 4 UN.
Main subject category:
Law and Legislation
Other subject categories:
Public international law
Keywords:
Unable, unwilling, terrorism, Nicaragua Case, custom, armed attack, civil war, ISIL, ISIS, Syria, USA, Security Council, authorization, political independence, extraterritorial self- defence, collective self-defence, UN, non-state actors, self-defence, use of force, article 51 UN, article 2 UN, humanitarian intervention, responsibility to protect, r2p,
Number of references:
147
