Doctrinal Alternatives to Self-Defence Against Non-State Actors

This contribution examines the problem of what is the legal basis for armed interventions carried out on foreign territory in response to terrorist attacks. It proposes a solution other than the use of the right of self-defence provided for in Article 51 of the UN Charter, based on the idea that a State cannot claim full respect for its sovereignty as a right if it does not fulfil the functions that come with sovereignty as a duty. If these functions of protection of other States' rights are not fulfilled, then, the international community, or, if this is not possible, the victim State directly, could take over from the negligent local authorities in performing their law enforcement functions.