«Combatientes terroristas extranjeros» y conflictos armados: utilitarismo inmediato ante fenómenos no resueltos y normas no consensuadas

Abstract

The adoption of Resolution 2178 (2014) and the expression «foreign terrorist fighters» linked to armed conflict, have generated many questions. Despite the unanimity in the adoption of this resolution, different issues have been raised which affect the choice of the applicable law, the creation of legal categories and their compatibility with the principles of the rule of law. Finally, another controversy is the possibility to recognize new exceptions to the prohibition of the use of force (expanded self-defense/global and preventive war on terrorism) against non-state actors.