The Right to Self-Defence in International Law and Non-State Actors

International law on the use of armed force was established with States in mind. In accordance with Article 51 of the United Nations Charter, a State can use armed force on the basis of its right to self-defence in reaction to an armed attack. Traditionally, the right to self-defence was resorted to by a State in order to react to an armed attack perpetrated by another State. Today however, non-State actors have, like States, the means to commit armed attacks against States. This is in particular the case of the Islamic State of Iraq and the Levant (ISIL). States are currently responding with force to international attacks or threats of attacks by ISIL, invoking their right to self-defence. The proposed research project should analyse whether a State is allowed to use its right to self-defence against a non-State actor under current International Law. If the answer to the question is positive, the project should then study the requirements for a legal action in self-defence against a non-State actor. If the answer to the question is negative, the project should then assess whether and under which circumstances the conduct of the non-State actor could be attributed to the territorial State, thus triggering the right to self-defence of the victim State against the territorial State. Applications demonstrating a solid knowledge of International Law are welcome.