JIB/JAB Podcast

JIB/JAB - Episode 16: Terry Gill on Self-Defense Against Non-State Actors

11 snips
Feb 17, 2021
Terry Gill, a professor of international law and military law, discusses self-defense against non-state actors. He explores necessity as the key test, challenges the automatic use of the unwilling-or-unable idea, and revisits Nicaragua and attribution debates. The conversation covers imminence, alternatives to force, evidence obligations, and limits on broad justifications for extraterritorial strikes.
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INSIGHT

Self-Defense Can Reach Non-State Actors

  • Self-defense can apply to attacks by non-state actors even when those actors are not controlled by another state.
  • Terry Gill traces this to customary practice (Webster-Ashburton, Caroline) and argues the UN Charter did not abolish that possibility.
ANECDOTE

Why Terry Gill Moved To Amsterdam

  • Terry Gill fell in love with Amsterdam after a 1967 stopover while travelling to Saudi Arabia with his father.
  • That early fascination later led him to live and work in the Netherlands and study European history and culture.
INSIGHT

Necessity Is The Deciding Criterion

  • Necessity is the central test for lawful extraterritorial self-defense against non-state actors.
  • Gill and Kinga require both an imminent or ongoing armed attack and a lack of feasible alternatives before force without consent is justified.
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