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恐怖主义分子是隐蔽的,可能随时会发动恐怖袭击,为了防止恐怖袭击的发生,应当防患于未然。但从国际法来看,一般认为国家行使自卫权应当在遭受外来袭击之后,否则可能会造成一国侵略他国之实。因此,面对恐怖主义威胁,自卫权何时行使成为一个新的课题。另一方面,美国打击阿富汗之后,“基地”组织及其恐怖分子已经分解到一些国家潜伏下来,若美国对这些国家进行打击,也将显得于法无据,因为从国际法来看,国家对个人或社会组织的行为不承担国际法律责任,除非该人或社会组织代表国家行事或有国家授权。
Terrorists are hidden and may launch terrorist attacks at any time. To prevent the terrorist attacks, they should take precautionary measures. However, judging from international law, it is generally considered that the exercise of the right of self-defense by a State should be subject to external attacks or it may cause a country to aggression against other countries. Therefore, in the face of the threat of terrorism, the exercise of the right of self-defense has become a new issue. On the other hand, after the United States cracked down on Afghanistan, Al Qaeda and its terrorists have been lurking into some countries. If the United States crackdown on these countries, it will also appear to have no evidence because the laws of the state on individuals Or social organization does not assume international legal responsibility unless the person or social organization acts on behalf of the State or is authorized by the State.