Rett til sjølvforsvar mot terrorgrupper? - oversyn over enkelte problemstillingar og argument

Abstract

This brief report aims to present right of self-defence against terrorist groups, e.g. in a situation where terrorist groups are based on the territory of a collapsed state. The scope of the report is limited to the main problems and arguments of the issue at hand. The right of self-defence is, pursuant to international law, triggered when an armed attack occurs against a state. A question that will be raised is whether acts of terror that are carried out by private individuals as a starting point can constitute an armed attack. If the question is to be answered affirmative, it raises the important question on whether, and when, private individuals can carry out an armed attack. Furthermore, legal boundaries on armed action in self-defence are presented, by asking whether, and when, such action is necessary and proportionate to acts of terror carried out by private individuals. Finally, the report asks whether the right of self-defence is amended in the aftermath of 11 September 2001.