Hilpold: The Security Council and the Fight Against Terrorisms: Does SC Resolution 2249 (2015) Lead to a More Grotian or a More Kantian International Society?

Peter Hilpold (Univ. of Innsbruck - Law) has posted The Security Council and the Fight Against Terrorisms: Does SC Resolution 2249 (2015) Lead to a More Grotian or a More Kantian International Society? Here's the abstract:

SC Res. 2249 of 20 November 2015 was intended to open up a new chapter in the fight against terrorism in general and against ISIS in particular. However, in academia this Resolution was received with criticism and stupor. First attempts to interpret this Resolution ended up in inconclusiveness.

In this article, after an analysis of SC Resolution 2249, it will be shown that the criteria developed for assessing jus ad bellum in inter-state relations are of no easy application in the relationship between states and non-state actors and in particular in regard to terrorists. If the prohibition of the use of force applies at all in this field this has to happen in a largely modified way. Fears that a lowered threshold for the use of force against terrorists will introduce a new “Hobbesian” element in international law do not appear to be justified. On the contrary, it is argued here that a state community showing more solidarity in the fight against terrorism will reinforce their Kantian traits. Res. 2249 can offer an important contribution for such a development to take place.