테러리즘에 대한 자위권 행사 가능성에 관한 연구 ― 미국의 대테러 대응조치에 대한 국제법적 검토를 중심으로 ―

The international community is horrified by the recent shootings at two mosques in Christchurch, New Zealand, killing more than forty people. Shortly after, another shooting happened on a tram in the city of Utrecht, Netherlands, leaving at least three people dead and seven injured. As both New Zealand and Dutch governments consider the possibility of terrorism as motives for these shootings, the effectiveness of counterterrorism strategies seem to receive worldwide attention. In this circumstance, this paper examines the possibility of the use of the right of self-defense as a legal justification for countering terrorism. Particularly, it examines ① the possibility of the use of the right of ‘individual’ self-defense by the injured state; ② the possibility of the use of the right of ‘individual’ self-defense for the purpose of protecting nationals; ③ the possibility of the use of the right of anticipatory self-defense in order to respond to imminent terrorist threats; and, ④ the possibility of the use of the right of ‘collective’ self-defense. As the United States (U.S.) has justified its recent engagement, in Syria and Iraq to combat terrorism, in the name of the use of the right of self-defense, the relevant legal arguments of the U.S. are considered in investigating the possibilities of such use.