1. The possibility of using self-defence against non-state actors : magistrsko deloPatricija Glavica, 2023, master's thesis Abstract: This master’s thesis systematically and in-depth examines the notion of self-defence, primarily through the ratione personae aspect and thus focuses on the possibility of its use against non-state actors. While the use of self-defence against non-state actors is not a new phenomenon in international law, it is nonetheless taking on new dimensions, particularly in the context of the fight against terrorism.
The right to self-defence is one of the exceptions to the jus cogens prohibition of the use of force. It is an ‘inherent’ right, codified in Article 51 of the UN Charter and forming part of customary international law. According to the primary understanding, the right to self-defence had a State-centric approach, which was also continuously affirmed in the jurisprudence of the International Court of Justice. Consequently, a State could only use self-defence against a non-state actor if its actions were imputable to another State in whose territory defensive force was being used. However, especially after the 9/11 attack there have been tendencies to broaden the right to self-defence and allow its use even if the actions by a non-state actor are not attributable to a State under the current attributability standards.
Due to the complexity of the right to self-defence it requires careful examination through different aspects and sources of international law. It can be observed that the opinions regarding the expansion of the right to self-defence are very different. Firstly, scholars have widely divergent views regarding the correct interpretation of Article 51 of the UN Charter under the rules of the VCLT. Secondly, in its previous judgements, the International Court of Justice has maintained the State-centric approach, while potentially allowing room for a more expansive approach to self-defence. Thirdly, States have since the 9/11 attack started to regularly invoke the right to self-defence when using extraterritorial force against non-state actors. However, the reactions of States relating to such use of force and the opinions of scholars regarding the implications of such State practice, are equivocal.
Taking everything into consideration this master’s thesis concludes that neither Article 51 of the UN Charter nor customary international law allow the use of self-defence against non-state actors, whose actions are not attributable to a State. Although the right to self-defence is undoubtedly expanding, its scope is not yet fully crystallized.
Keywords: the right to self-defence, non-state actors, the prohibition of the use of force, terrorism, Article 51 of the Charter of the United Nations, extraterritorial use of force, jus ad bellum, Nicaragua case, attributability
Published in DKUM: 08.09.2023; Views: 808; Downloads: 198
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2. The weaponisation of drones – a threat from above used for terrorist purposesIce Ilijevski, Zlate Dimovski, Kire Babanoski, 2021, review article Abstract: Purpose: The subject of this paper is to determine the threat of drones (unmanned aerial vehicles – UAVs), which are evolving rapidly and becoming more efficient, powerful, and easily weaponised, with regard to their use by terrorist organisations. Because of the precision, efficiency, and economy of drones, in the last decade terrorist organisations have used these to carry out attacks all over the world. The paper discusses the prevention and the countermeasures undertaken by national authorities, as well as the development of defensive tactics against drone strikes. The paper notes that the threat posed drones is even greater than many imagine, as they can be used to attack critical infrastructure. Design/Methods/Approach: The tactical ways in which terrorist organisations have made malicious use of drones are considered and described in the paper. In order to better understand the core of this problem, the methods and techniques of attack, the characteristics of the drones and the measures taken by the security and intelligence services in the fight against this threat are reviewed and assessed. All these questions were also addressed by theorists researching this field in semi-structured interviews conducted online. Findings: Because of the rapid development of the technology and progress in the area of drone production, as well as their low price and the availability, drones can be easily transformed into improvised explosive devices that are attractive to many terrorist organisations and individuals, producing a new type of asymmetrical threat. The threat coming from air that is posed by drones is very sophisticated and complex, and deserves more attention from national security authorities. Moreover, the development and introduction of protective and preventive approaches and mechanisms on an international level, and full implementation on a national level, is essential to prevent planned attacks with drones. Originality/Value: This topic is rarely discussed in security research and studies. The paper offers a solid overview of the problems and threats that drones are already causing to law enforcement agencies, and the challenges for national authorities with regard to preventing them.
Keywords: drone, unmanned aerial vehicle, terrorism, terrorist attack, threat
Published in DKUM: 26.01.2022; Views: 835; Downloads: 26
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3. ANALYSIS OF TERRORIST ATTACKS' IMPACT ON TOURISM: LITERATURE REVIEWMarica Ilić, 2020, undergraduate thesis Abstract: The number of international tourist movements increases every year. For many countries, tourism is a key part of the economy that generates considerable profits. When an economic sector such as tourism is triggered, any negative event in the process is a major detriment to the local and regional economy. In this thesis our goal was to clarify the relationship between tourism and terrorism, how terrorist attacks impact the tourism industry, and how destinations recover from them. The focus is on studies published in the last 18 years and focusing on Europe.
Keywords: tourism, terrorism, recovery, Europe, event
Published in DKUM: 03.11.2020; Views: 1149; Downloads: 109
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4. Terrorism : social causes and perspectivesRenato Matić, Anita Dremel, Mateja Šakić, 2015, original scientific article Abstract: Purpose:
The aim of this paper is to analyze the origin of different interpretations of the events connected with terrorism, with special emphasis put on different interpretations of causes and consequences of terrorism. The objective is to show that the same logic has perpetrated the causes of the problem and is being used to solve it.
Design/Methods/Approach:
This research into the social causes of terrorism leans against a critical theoretical perspective and uses a historical comparative method aimed at deconstructing some taken-for-granted perspectives regarding terrorism and its actors. It brings the understanding of the causes of terrorism into connection with the history of mutual relationships between today's main actors of global terrorism and anti-terrorism in the wish to explain the consequences of terrorism as resulting from the stable and continued relationship between the main actors.
Findings:
The analysis has shown that current approaches to dealing with the problem of terrorism are so strikingly unsuccessful because, among other reasons, they rely on the same logic that led to the problem in the first place and thus cannot be used to solve the problem. Current power relations between the actors of “terrorism” and “anti-terrorism” point to the need for a possible alternative approach to preventing the mutually complementing “terrorist” and “anti-terrorism” violence.
Originality/Value:
The greatest value of this analysis is that it offers a view of the problem of terrorism based in the tradition of sociological theory, particularly that of deviance, serving thus as an important complement to more customary criminalist, criminological, psychological and legal perspectives. Without such historically grounded and sociologically informed approach, critical perspective would not be possible.
Keywords: terrorism, colonialism, center, periphery, the logic of power, power relations
Published in DKUM: 16.04.2020; Views: 899; Downloads: 42
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5. Wolfgang Benedek, Christopher Daase, Vojin Dimitrijević and Petrus van Duyne (Eds.): Transnational terrorism, organised crime and peace-building (human security in the Western Balkans) : Basingstoke: Palgrave Macmillan, 2010, 288 pp.Bojan Dobovšek, 2012, review, book review, critique Keywords: Transnational terrorism, organised crime and peace-building, organizirana kriminaliteta, transnacionalni terorizem, recenzije, ocene in poročila
Published in DKUM: 10.07.2015; Views: 1784; Downloads: 47
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