USE OF FORCE: CONFLICT BETWEEN THE PROHIBITION OF ITS USE AND THE VALIDITY OF PREVENTIVE SELF-DEFENSE IN THE CONTEXT OF THE FIGHT AGAINST ORGANIZED TERRORISM?

Abstract

The author analyzes the prevailing regulation on the use of force, from the perspective of Article 51 of the UN Charter related to the general prohibition of Article 2.4 UN Charter, with special emphasis on the existing doctrinal conflict due to the interpretive duality of the above-mentioned Article 51 C, offering an approach to the problem. In that regard, the theories that justify unilateral anticipatory modalities in the fightagainst organized terrorism are confronted, in order to eventually findsupport in the customary law of the inherent right to self-defense.