The Plea of State of Necessity: A palatable normative framework for extraterritorial self-defense against Non-State Actors
Journal: IUS ET VERITAS
Year: 2021

The UN Charter law governing self-defense is inadequate to address emerging modalities of armed violence caused by non-State actors located in the territory of non-consenting third States. This paper offers an alternative grounded in the state of necessity as a circumstance excluding wrongfulness as per the law of State responsibility. The contention is that in integrating the rationale behind necessity as an excuse for non-performance of obligations and the conditions and processes under articl