The Right to self-defence of an attacked state in the context of prolonged occupation of territories: allowed or no?
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Date
2023
Authors
Hryshko, Volodymyr
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Abstract
This master’s thesis aims to answer the question: Does the inherent right to self- defence allow a state to retake its occupied territory by force? Or, to put it differently, does the belligerent occupation of territory fall within the prerequisites for using armed force in self-defence? The crux of the issue lies in the fact that ceasefires, armistices, and relative peace usually accompany prolonged occupations. This compels the international community to choose between two dilemmas. Similar to the domain of international criminal law, where a ‘peace versus justice’ deal is usually at stake, the tough choice here consists in picking one from the ‘peace and sovereignty’ duo.
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Keywords
self-defence, occupation of territories, state, магістерська робота