O uso Da força contra atores não estatais: doutrina “Unwilling Or Unable" e intervenções no Afeganistão (2001) E Iraque (2003)

Abstract

This dissertation investigates the legitimacy of using force against terrorist groups located in third-party states from the perspective of International Law, focusing on preventive and preemptive defense. The study is relevant for the Brazilian Navy, as it analyzes the international legal bases that support military operations beyond national borders, aiming to ensure compliance with International Law and avoid negative repercussions. The research is based on the ‘Unwilling or Unable’ Doctrine and examines landmark cases such as the interventions in Afghanistan (2001) and Iraq (2003), utilizing legal texts such as the United Nations Charter, particularly Articles 2(4) and 51, as well as academic publications on preventive and preemptive defense. The objectives include evaluating the legitimacy of these actions, observing the evolution of the ‘Unwilling or Unable’ Doctrine, analyzing specific cases, and verifying different legal interpretations. The methodology adopted involves a comparative analysis of cases, investigating convergences and divergences in international practices. The dissertation concludes that, although controversial, preventive and preemptive military intervention can be justified as a legitimate extension of the right to self-defense in situations where the target state cannot mitigate the threat on its own, requiring a balance between the responsibility to protect and respect for state sovereignty.