THE IMPACT OF MODERN-DAY THREATS ON THE MEANING OF IMMINENCE IN THE CONTEXT OF THE STATE’S RIGHT TO SELF-DEFENCE

Abstract

An emergence of modern threats, such as terrorism or weapons of mass destruction, has led to the reexamining of the traditional understanding of an „imminent attack“, as a precondition of a lawful self-defence. Understanding of “imminence“ as a temporal category has come under scrutiny due to the unpredictable character of modern threats and the impossibility of determining the exact moment in which they will materialize. This has led to redefining „imminence“ by some scholars and states. Imminence is thus not perceived as an exclusively temporal category, but is being assessed with regard to different factors. This paper deals with the impact of new security threats on the notion of “imminence” and discusses whether the meaning of “imminence” has been changed and, if yes, how that influences the states’ right to self-defence.