试论国家境外武力反恐的合法性

Studies on the Legitimacy on Anti- terrorism by Force Overseas of a State

国家实施境外武力反恐主要有安理会授权实施境外武力反恐、以自卫为名实施境外武力反恐、经他国邀请实施境外武力反恐、单边主义实施境外武力反恐等四种情形。在现行国际法下,经安理会授权实施境外武力反恐和经他国邀请实施境外武力反恐的合法性明显,但以自卫为名实施境外武力反恐合法性存疑,采取单边行动实施境外武力反恐更是缺乏法律依据。因此,要在联合国框架下建立和完善安理会主导的境外武力反恐国际法律制度,明确危害国际和平与安全情势的界定标准,完善安理会授权使用武力机制,明确境外武力反恐的对象以及需要遵循的适当性原则。

Anti - terrorism by force overseas of states includes four situations which are anti - terrorism by force oversea authorized by UN Security Council, anti - terrorism by force oversea for self - defense, anti - terrorism by force oversea approved by the territorial state and unilateral anti- terrorism by force oversea. Anti -terrorism by force oversea authorized by UN Security Council and approved by the territorial state have legal grounds under the existing international law. But it is difficult to find legal ground to support the legitimacy on anti -terrorism by force oversea for self- defense. There is no legal basis for unilateral anti -terrorism by force oversea. So it is essential to perfect and develop the international legal regulations on anti -terrorism by force oversea under the framework of the UN which can define the situation of endangering international peace and security, perfect the mechanism on use of force authorized by UN Security Council and establish the principle of appropriation for anti - terrorism by force oversea.