К вопросу о правомерности вооруженных антитеррористических мер в контексте принципа невмешательства во внутренние дела государств

Abstract

The present article concerns itself with the problem of qualification of acts of international terrorism as well as of measures undertaken to combat it in the context of the principle of non-intervention into the domestic affairs of states. The author examines the very essence of international terrorism, historical evolution and contemporary developments of international legal regulation and doctrine concerning this problem. This article also considers the legality of the use of military force as self-defense against terrorist acts. In the view of the author, according to the rules of modern international law, international co-operation is to seek to bring organizers, executors and accomplices of terrorist acts to criminal persecution, preferably by the special international tribunal. States sponsoring or harboring terrorists should be subjected to international responsibility for the breach of their international obligations. Terrorist acts do not constitute an armed attack. They cannot be invoked as a justification for the use of force in the course of self-defense. International community can apply a range of measures as countermeasures. International law and the principle of non-intervention into the domestic affairs of states, in particular, acknowledge the possibility of military incursion into the territory of a state and even of replacement of its government. These measures, however, cannot be undertaken unilaterally by separate states. They should be applied exclusively within the framework of the existing collective security system set forth by the UN Charter, that is, with the explicit authorization of the UN Security Council.