The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria

dc.contributor.advisorWoolaver, Hannahen_ZA
dc.contributor.authorStark, Catherineen_ZA
dc.date.accessioned2017-09-28T05:35:46Z
dc.date.available2017-09-28T05:35:46Z
dc.date.issued2017en_ZA
dc.description.abstractThe traditional substantive framework of the use of force in international law has been challenged by recent developments involving non-state actors. This dissertation considers the legality of the use of force against non-state actors, specifically terrorists, where the terrorist acts are not attributable to the territorial state. The United States' air campaign against the Islamic State in Syria is examined to determine whether the United States' conduct constitutes a lawful exercise of the use of force in international law. The substantive framework of the use of force in international law is first analysed, which includes an explanation of the scope of the prohibition of the use of force in international law and the various exceptions to this prohibition. This is followed by a description of the focus of this paper, terrorism and counterterrorism, and of the development of the use of force against terrorists in international law. The current status of the use of force against terrorists in international law is elucidated. The United States' use of force against the Islamic State in Syria is contextualised through the provision of a brief history of the conflict in Syria and the emergence of the Islamic State as a terrorist threat. Possible legal justifications regarding United States' use of force in Syria are examined to conclude whether the air strikes are lawful in terms of international law on the use of force. It is hoped that this paper will contribute to the growing debate about the legality of the use of force against terrorists and eventually, to a clearer framework on the use of force in international law.en_ZA
dc.identifier.apacitationStark, C. (2017). <i>The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/25462en_ZA
dc.identifier.chicagocitationStark, Catherine. <i>"The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2017. http://hdl.handle.net/11427/25462en_ZA
dc.identifier.citationStark, C. 2017. The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Stark, Catherine AB - The traditional substantive framework of the use of force in international law has been challenged by recent developments involving non-state actors. This dissertation considers the legality of the use of force against non-state actors, specifically terrorists, where the terrorist acts are not attributable to the territorial state. The United States' air campaign against the Islamic State in Syria is examined to determine whether the United States' conduct constitutes a lawful exercise of the use of force in international law. The substantive framework of the use of force in international law is first analysed, which includes an explanation of the scope of the prohibition of the use of force in international law and the various exceptions to this prohibition. This is followed by a description of the focus of this paper, terrorism and counterterrorism, and of the development of the use of force against terrorists in international law. The current status of the use of force against terrorists in international law is elucidated. The United States' use of force against the Islamic State in Syria is contextualised through the provision of a brief history of the conflict in Syria and the emergence of the Islamic State as a terrorist threat. Possible legal justifications regarding United States' use of force in Syria are examined to conclude whether the air strikes are lawful in terms of international law on the use of force. It is hoped that this paper will contribute to the growing debate about the legality of the use of force against terrorists and eventually, to a clearer framework on the use of force in international law. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria TI - The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria UR - http://hdl.handle.net/11427/25462 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/25462
dc.identifier.vancouvercitationStark C. The legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syria. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/25462en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherInternational Lawen_ZA
dc.titleThe legality of the use of force against terrorists: an examination of the United air strikes against the Islamic State in Syriaen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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