Battered Nation Syndrome: A Response to Threat of Islamic Terrorism

• In Event: Terrorism II

Abstract

This research focuses on Islamic terrorism and the response to threat of Islamic terrorism. First, it thoroughly examines the Islamic law of war, including the concept of jihad. Second, it discusses the principles of self-defense in international law. Similar to the actions of a criminal defendant, the use of force by a State claiming self-defense can be justified, if the state is victim of terrorism. There are relative similarities between women who rely on Battered Woman Syndrome in their self-defense claims and nations that claim a right to anticipatory self-defense in justifying preemptive strikes.

Recently many Western and Middle Eastern nations clearly suffered from Islamic terrorism, and what I refer to as "Battered Nation Syndrome." This research has noted the connection between the nations rationale for preemptive reaction, and the imminence requirement of self-defense in criminal law. The imminence requirement may only act in self-defense if, at the time of the act, the nation reasonably believes that there is a present or imminent danger of physical harm from terrorists.

This paper argues legal principles addressing questions of national self-defense should be modified in accord with the nature of international conflicts.

Authors

• Sanaz Alasti, Lamar University

• Amir Fakhravar, Lamar University