Document Type : Article

Authors

• Alireza Norouzi ¹
• iraj rezaee nezhad ²
• karren rohani ³

¹ Ph.D. Student in International Public Law, Department of Law and Political Science, Azad Islamic University of Qaemshahr, Qaemshahr, Iran.

² Iraj Rezaeenezhad, Assistant Prof., Department of International Public Law, Faculty of Law and Political Science, Azad Islamic University of Chalus, Chalus, Iran.

³ Karan Rohani, Assistant Prof., Department of International Public Law, Faculty of Law and Political Science, Azad Islamic University of Qaemshahr, Qaemshahr, Iran.

Abstract

In the past decades, non-state actors have caused a lot of pain and suffering in the world, as a result of their attacks, governments have become victims, and in this regard how to deal with these non-state actors in the territory of a foreign government and to confront, they were in an unprecedented legal predicament and the victim state to resort to force on its territory without the consent of the host state In fact the victim states resort to force in the territory of a state with which it has no conflict or hostility. According to the "unwilling or unable Test" if the territorial state is unwilling or unable to control the threat posed by non-state actors then the victim state will resort to force for legitimate defense. Therefore, this measure generally deviates from the existing legal requirements and significantly lowers the threshold for the prohibition of resorting to force. Although this criterion has support among legal theorists, the legitimacy of this criterion has been discussed in international law. These debates have been faced for reasons such as the lack of government performance, widespread criticism and non-acceptance by the international community.

Keywords

• Non-state Actors
• use of force
• Unwilling or Unable test
• Procedure of the governments
• Customary international law

Main Subjects

• Public International Law