I would like to take this chance for thanking my research facilitator, friends & family for support they provided & their belief in me as well as guidance they provided without which I would have never been able to do this research.
DECLARATION
I, (Your name), would like to declare that all contents included in this thesis/dissertation stand for my individual work without any aid, & this thesis/dissertation has not been submitted for any examination at academic as well as professional level previously. It is also representing my very own views & not essentially which are associated with university.
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ABSTRACT
The development of this research will be conducted a theoretical analysis using literature in different languages, considering the practice of States through history, as well as the jurisprudence of the Court International Court of Justice on the subject. This study concerns the theoretical analysis concepts considered important to determine whether or not there right to self-defense. In the second part, there will be a practical examination on situations before and after the case of Afghanistan, where U.S. has invoked the right to self defense.
TABLE OF CONTENTS
ACKNOWLEDGEMENTii
CHAPTER 1: INTRODUCTION1
Outline1
Background1
Rationale2
Research question2
CHAPTER 2: LITERATURE REVIEW3
Use of force3
Legal or illegal3
Al-Qaeda in Afghanistan4
CHAPTER 3: METHODOLOGY5
Research design5
Literature search5
CHAPTER 4: DISCUSSION6
CHAPTER 5: ANTICIPATED RESULTS7
CHAPTER 1: INTRODUCTION
Outline
Chapter 1: Introduction
Background
Rationale
Research question
Chapter 2: Literature review
Chapter 3: Methodology
Literature search
Research design
Chapter 4: Discussion
Chapter 5: Anticipated results
Background
By equating acts of terrorism and even the harboring of terrorists with an act of War, the U.S. administration remains under the traditional international practice. In this new kind of war, is saying, there is no neutral states and no one clear geographical confines.
The "war on terror" that says keep the United States Government has so- mined "fourth generation warfare" "asymmetric warfare” and "World War IV". In any case, these three views relate to a relative situation relatively new that has appeared in a particular type of violence that is also called "terrorist international tourism, "" transnational "or" comprehensive ", covering heterogeneous phenomena are not reduced to Al Qaeda.
Rationale
The U.S. reaction to this situation is seen as a variant of the so-called "total war", "total war at the grass-roots" "Absolute war", "long war", "permanent war", even "low intensity war ". However, reasons given are somewhat confused or have been misrepresented as shows the analysis of a dozen of books on the occupation Ira. This study importance in determining the practice of States in this respect and observe if it is a change in international law to accept preventive self-defense. Otherwise, serve to identify correspond to the performance rating of the United States, and in what way could avoid such situations in the future.
Research question
Is the use of force legal?
Can Al-Qaeda based in Afghanistan be attacked?
Is the action taken by US legal or Illegal (according to Security Council resolution or not)?
Can Afghanistan be attacked for being considered AL-QAEDA base?
Was the rest of the world secured by this war (under collective self defense?)