Le contrôle du Conseil constitutionnel sur les faits justifiant la loi

It seems the war against international terrorism will continue to test legal concepts. With the rise of independent terrorist groups across certain states considered weak or failing, states falling victim to terrorist attacks are acting in an increasingly unilateral manner, using military power. Thi...

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Bibliographic Details
Main Author: Benzina, Samy
Format: Article ou chapitre numérique
Language:Français
Published: 2025
Online Access:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
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Summary:It seems the war against international terrorism will continue to test legal concepts. With the rise of independent terrorist groups across certain states considered weak or failing, states falling victim to terrorist attacks are acting in an increasingly unilateral manner, using military power. This situation has contributed towards disrupting the concept of sovereignty granted to each state entity, especially when recourse to military force by victim states occurs on the territory of a state that is not responsible for the actions of terrorist entities. Thus, the disruption of the concept of sovereignty clearly illustrates that the states involved in the fight against international terrorism do not share the same definition or perception of sovereignty. In actuality, each party has an interest in defending their position. The position adopted by powerful states notably enables them to justify the use of military power on foreign soil against terrorist groups, while the perception of fragile or failing states grants them reason to consider any unilateral action taken by a foreign state against terrorist entities contrary to international law.