Security Council Resolution 2249 of 20 November 2015 was intended to open a new chapter in the fight against terrorism in general and against ISIS in particular. However, in academia this Resolution was received with criticism. After an analysis of SC Resolution 2249, it will be argued 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, 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, an international community showing more solidarity in the fight against terrorism will reinforce their Kantian traits. Resolution 2249 can offer an important contribution for such a development to take place.
Thursday, June 23, 2016
Hilpold: The Fight Against Terrorism and SC Resolution 2249 (2015)
Peter Hilpold (Univ. of Innsbruck - Law) has posted The Fight Against Terrorism and SC Resolution 2249 (2015): Towards a More Hobbesian or a More Kantian International Society? (Indian Journal of International Law, forthcoming). Here's the abstract: