On The Exercise Of The State’s Right To Self-Defense Against Terrorist Organizations

The concept of the right of self-defence in international law originates from the relationship between individuals.It is a natural right exercised by a state when it is attacked by force.It is stipulated in detail by the "Caroline Principle" in customary international law and Article 51 of the Charter of the United Nations.In recent years,terrorist organizations,activities,funds and other trends of globalization have emerged,and coordination among terrorist organizations has been strengthened,which seriously threatens the peace and security of the international community.Therefore,in order to effectively combat terrorism,it is necessary for the state to exercise the right of self-defence against terrorist organizations.At present,the terrorism prevention and control mechanism composed of international conventions,regional conventions and national anti-terrorism laws has been difficult to effectively combat terrorism.The effectiveness of the exercise of the right of self-defence by the state against terrorist organizations can effectively compensate for the deficiencies of the current mechanism of terrorism prevention and control.It is necessary for the state to exercise the right of self-defence against terrorist organizations.As long as terrorism attacks satisfy the two conditions of coming from abroad and the seriousness of consequences,they constitute "armed attacks",and more and more international law scholars support that terrorist organizations can be the object of exercising the right of self-defence.The state has theoretical basis for exercising the right of self-defence against terrorist organizations.In exercising the right of self-defence against terrorist organizations,States should also abide by other conditions,namely,the principle of necessity and proportionality in the right of self-defence and international humanitarian law.