Terrorism and the use of force
HUMR4503 – Human Rights and Counter-Terrorism: Striking a Balance?

Geir Ulfstein

Introduction
•	Terrorism as a concept, political phenomenon and problem in international law
•	Terrorism as a criminal problem
•	Use of force, humanitarian law and human rights

The prohibition against the use of force
•	The UN Charter article 2 (4)
•	Use of force by invitation
•	Humanitarian intervention
•	The UN Charter Chapter VII
•	The right of self-defence (article 51)
•	11 September 2001 

The Security Council
•	Threat against the preace, breach of the peace or act of aggression
•	Mandate by Security Council resolutions 1368 or 1373 (2001)?
•	Has the Security Council accepted that the conditions for self-defence are fulfilled?
•	Relevance of the Security Council for the interpretation of article 51?

The right of self-defence
•	”Inherent right”
•	”Armed attack”
•	The burden of proof
•	Terrorism by private groups
-	Acts on behalf of states
-	States’ lack of will or ability to prevent attacks
•	Necessity and proportionality
•	The NATO Treaty article 5

Do we need a new international law?
•	’Assymetric’ threats
•	Failed states 
•	Weapons of mass destruction
•	Pre-emptive strike?