The Plea of State of Necessity: A palatable normative framework for extraterritorial self-defense against Non-State Actors

The UN Charter law governing self-defense is inadequate to address emerging modalities of armed violence caused by non-State actors located in the territory non-consenting third States. This paper offers an alternative grounded state necessity as a circumstance excluding wrongfulness per State responsibility. contention that integrating rationale behind excuse for non-performance obligations and conditions processes under article 51 Charter, allows exercise extraterritorial against which safeguards territorial State’s sovereignty need legal defense defending without toeing line aggression.