Da juridicidade da legítima defesa na globalização do terror

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The system of colletive security of United Nations (UN) is a imposed law by the winners, a reflex of historical era. Today, there is a very different context from the first half of the 20th Century, time of fundation of the UN: the globalization is responsable for the weakness of the Nation State, for the arise of new actors in the international relations and for the revelation of a instable multipolar and multicivilizational world. In this scene, arises, with the tensions between West and Islam, in a truelly clash of civilizations, a new menace to the international community: the globalized islamic terrorism. Although the use of force is explict forbidden by the United Nations Charter, it allows the Security Counsel to use it, according to their duties, in common interest. Another exception can be found in the possibility of reaction by a victimized State acting by the name of self-defense, individual ou colletive, foreseen by the Charter. Because of the faults showed by the multilateral mecanisms of security, it is important to consider this hypothesis. Although, its aplicability, in the fight of terrorism, is full of uncertainties, because the line that split the arbitrary use of force, against International Law, and a legal reaction is, in these cases, very thin. Thus, the objective of this work is to establish the parameters for self-defense exercises by the States in the case of a terrorist attack

ASSUNTO(S)

terrorismo system of colletive security direito islamismo terrorism sistema de segurança coletiva legítima defesa self-defense islamism

ACESSO AO ARTIGO

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