The dissertation examines whether Kenya can retaliate in full self-defence against Al-Shabaab on Somali territory. Article 51 UN Charter contains the right to self-defence and is an exception to Article 2(4), which prohibits the use of force. The development of the right to self-defence is illustrated with reference to state practice, ICJ decisions and opinions of legal scholars. An enquiry is made into what the required nature of the military attack should be to be classified as an armed attack. This essentially encompasses the question whether an act by a non-state actor is of a sufficient gravity to trigger the right to self-defence. Furthermore, an enquiry is made into whether non-state actors, of whom attacks cannot be attributed to a state, can nevertheless launch armed attacks and trigger the right to self-defence. The current status of the traditional effective control test of attribution is examined as well as the unwilling or unable test which determines whether it is necessary to make use of full-scale self-defence. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Public Law / LLM / Unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/53201 |
| Date | January 2015 |
| Creators | Van Tonder, Francette |
| Contributors | De Wet, Erika, francette.vantonder@gmail.com |
| Publisher | University of Pretoria |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Mini Dissertation |
| Rights | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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