The Legitimacy of Using Cross-Border Force to Counter-Terrorism before and after September 11 Attacks in the Light of the Right of Self-Defense

Abstract

The international community has allowed counter-terrorism by the use of cross-border force in the twenty first century as a respond to September 11 attacks to eliminate terrorism that has constituted a serious threat to the international peace and security. It is argued that the use of cross-border force violates article 2(4) of the Charter of the UN that stipulates the refrain from the threat or the use of force in international relations to prevent the intervention in internal and external affairs and protect the territorial integrity, sovereignty and political independence of state members. Indeed, the international community before September 11 attacks rejected the use of force as a respond to terrorist attacks by asserting the context of article 2(4) and limiting the authority of using force under the right of self-defence, which is referred in article 51 of the Charter of the UN, to counter current armed attacks that did not include terrorist attacks. Nonetheless, the international community after September 11 attacks has admitted the use of cross-border force to counter-terrorism by activating the right of anticipatory self-defence and considering terrorism as imminent threat of armed attack. However, this has undermined the obligation of refrain from the intervention in internal and external affairs and protect the territorial integrity, sovereignty and political independence of state members, according to article 2(4). Also, powerful states may misuse this authority by a way threats the stability of other states, when the former invokes counter-terrorism as a reason to use power against other states in order invade the latter’s territories by derogating from article 2(4) of the Charter of the UN.

Keywords: September 11 Attacks, Counter-Terrorism, Self-Defense