The Volvor Attack

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On 1 January, an explosion occurred in the capital city of Volvor by a non state organization “The Assassin” based in the territory of Polor. In which, the state property was damaged and numerous civilians were killed. No involvement by the sate of Polor was proved and it also claimed to be impotent in order to preclude the activities of the organization. While exercising the right of self defence under Article 51 of the UN Charter, state of Volvor attacked in the territory of Polar considering it to be the headquarter of “The Assassin” with the aim of bringing the main leader of the organisation to justice. As a result, not only the aim of targeting the leaders was accomplished but plentiful casualties of innocent civilians took place during the retaliation. The question requires the discussion of law with regard to the legality of the use of force in self defence against armed attack by the non state actors as an entity within the territory of a foreign state, along with the principle of necessity and proportionality.

The general rule of Article 51 is that the attack must be attributed to the foreign state. In this case, the proofs are required that Polor either has a complete control over “The Assassin” as a de facto state organ or has effective control on “The Assassin”’s act in question. Since there are no proofs of either against the state of Polor, the armed attack can not be attributed to Polor. 9/11 attacks are the emblematic example of non state actors where attacks on the United States (US) have been made while contriving from another state territory. On October 7, 2001, US responded the attacks by targeting Taliban and Al-Qaeda camps in Afghanistan. The international community also recognised US invasion in Afgha...

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...tfully exercised its inherent right of self defence by using the force under the Article 51 of the UN Charter even though the proportionality of casualties caused by act of Volvor are different from calamities by the Polor.

Seeing the case of Polor and Volvor, it can be said that, it is the duty of the state itself to protect its citizens and residents from any internal or foreign attack, when the perpetrators plan ad executes the attacks while conspiring outside the borders of the state and the when host state fails to take necessary measures against such acts of non state groups. Moreover, the use of force by the Volvor is justified and does not constitute the violation of Polor’s sovereignty because Article 51 authorizes the victim state to use force in self defence to mitigate the anticipated threats, in response to such armed attack by the non state actors.

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