When
discussing terrorism, one should keep in mind a number of issues. One of them
is the concept of self-defence. Basically the point is about the lawful use of
force by States against an individual or groups of individuals that are recognised
as representing, planning or preparing to carry out a serious armed threat.
Linked to the concept are the notions of gravity, imminence, and pre-emptive
action as well as the measured use of force.
The
UN has spent quite a bit of its time looking at these matters. There are two
Security Council Resolutions that provide most of the legal basis for the
response by States to terrorism. One, UN Security Council Resolution 1368 (2001)
was approved in the aftermath of the 9/11 acts. The other – UNSC Resolution
1373 (2004) – authorises States “to take steps to prevent the commission of
terrorist acts”.
As
the discussion goes on and taking into consideration new developments, such as
the drone strikes, it would be appropriate to review these resolutions and
maybe adopt a more comprehensive one. The call for legal basis for action
should be taken back to the UN Security Council.