Legitimate Use Of Military Force Against State Sponsored International Terrorism
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Legitimate Use of Military Force Against State-Sponsored International Terrorism by BPI Information Services,Richard J. Erickson Pdf
Presents, for the first time, a general survey of international laws directed at the issue of managing international terrorism. Winner of the USAF Historical Foundation's Colonel James Cannell Memorial Award. Thought provoking!
Legitimate Use of Military Force Against State-Sponsored International Terrorism by Richard J. Erickson Lt USAF Pdf
This study should help us as a nation deal with being uncertain as to how best to deal with the threat posed by terrorism. We do not understand international terrorism in an international law context. We tend to emphasize the inadequacies of international law in dealing with terrorism without fully comprehending the usefulness of international law. We need an anchor for our thinking and for our actions. We need to return to basics, to grasp the fundamentals. We need to clarify in our own minds what our legal approach to international terrorism should be and what assumptions we must make in taking such an approach. Both private and public studies, including one by the Vice President.s Task Force on Combatting Terrorism, have called for an in-depth legal analysis of this social phenomenon. As members of a democratic society we are governed by the rule of law. Yet, we know so little about the role of law in combating international terrorism, which is both ironic and sad. We need to improve our intellect and sharpen our insight into such issues as: What is the legal responsibility of one state to another and to the international community concerning terrorism? How should terrorism be approached? Should it be considered a criminal activity in a law enforcement context or should it be viewed as a combatant activity in an armed conflict context? What legal reasoning exists to support the use of military force against international terrorists as well as their state sponsors and supporters? This study, written for both the lawyer and the lay person, explores these and other legal issues. For the benefit of the general reader, the text has been written with minimum reliance upon legal jargon. The legal scholar should refer to the endnotes for a more exhaustive legal treatment of concepts and issues. Chapter 1 looks at the nature of international terrorism and the seriousness of the threat. This chapter is important because it provides a foundation for judging what legal approach we should take to terrorism. It also examines some of the factors that we must consider in deciding on an appropriate legal basis for the employment of military force abroad in combating terrorism. Chapter 2 addresses choice of law, reviewing the pros and cons of various legal approaches to dealing with terrorism. Should the approach be essentially law enforcement or should it be combatant? Should the challenge of international terrorism be viewed as a peacetime crisis or as a situation of armed conflict? Does the degree of state sponsorship or support make a difference? Chapter 3 examines the much overlooked concept of state responsibility. State responsibility is the international law concept of the duty that one state owes to another in the international community. States that sponsor or support terrorist activities against other states do so in disregard of their state responsibility. When this occurs what rights does the injured state acquire? Chapters 4-6 form the core of the study. These chapters show how, throughout the twentieth century and culminating with the United Nations Charter, the international community has sought to restrain the use of force as a method for resolving international disputes. Today, only a limited number of circumstances justify the force option. These circumstances are contained in legal concepts or principles that, if satisfied, could serve as a rationale for legitimate use of military force abroad. Such principles include, for example, individual and collective selfdefense, anticipatory self defense, regional peacekeeping, protection of one's nationals, and invitation. Chapter 7 summarizes the lessons learned and offers some thought about future directions. Finally, a detailed bibliography provides the reader with a starting point for further independent research.
Legitimate Use of Military Force Against State-Sponsored International Terrorism by Richard J. Erickson Pdf
A military response has been a viable option for combating international terrorism in the past and it will continue to be an option in the future. Possible military actions range from rescuing hostages to neutralizing terrorist camps and making direct strikes against targets verified as the infrastructure for state-sponsored training and support complexes of complex groups. The military response is part of a larger strategy that seeks to maximize the risk of punishment for terrorists and their sponsors and supporters while minimizing their potential rewards. In this context military action must be consistent with international law. If states decide that all means are justified, then those acting to preserve the rule of law in the face of the terrorist threat will become indistinguishable from the evil they seek to undo. Colonel Erickson?s study presents an overview of international law directed at the issue of managing international terrorism. This study is thought provoking and provides the decision-maker with a useful tool. Of particular note is the checklist provided in appendix A that summarizes chapters 4-6. It behooves everyone dedicated to achieving a world free from terror to learn more of this phenomenon and how we can deal with it. Colonel Erickson?s study, for the first time and in one place, makes available a general survey of international law concerning this subject. I highly recommend his study. Robert W. Norris Major General, United States Air Force The Judge Advocate General, United States Air Force
State Support Of International Terrorism by John F. Murphy Pdf
This book focuses on individuals' acts perceived as international terrorism and on states' acts perceived as state support, emphasising on the legal aspects of military responses and discussing political, economic, and cultural dimensions as they bear on the feasibility of the possible response.
The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.
The Changing Rules on the Use of Force in International Law by Tarcisio Gazzini Pdf
A systematic study on the legal regulation of the use of military force, both by international organisations and states, at the beginning of the twenty-first century.
Counter-Terrorism and the Use of Force in International Law by Anonim Pdf
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
International Legal Dimension of Terrorism by Pablo Antonio Fernández-Sánchez Pdf
More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law. This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.
The Regulation of International Coercion by James P Terry Pdf
The most significant discourse about serious threats to U.S. national security in thetwenty-first century will likely concern the military capabilities and intentions ofnonstate actors, acting either for themselves, for religious elites, or as surrogates forstate sponsors. This preoccupation results not from any inordinate fear of "terrorism"but from a recognition of objective military and political realities. While prior to 1991only the Soviet Union possessed the capacity to inflict catastrophic military destructionon the United States, today that threat is vested in terrorist cells and religious sects thatseek to destroy the fabric of the United States through unconventional military andparamilitary means. The terrorist attacks of 11 September 2001 bear this out. During the Cold War, the major threat to the United States was clearly the fear of miscalculationby the Soviets. Today, that threat has been recharacterized in terms of deliberateaggression against the United States by nontraditional actors willing to take suicidal risksto inflict premeditated, brutal savagery on innocent civilians in a manner designed toforce not so much regime change directly as policy changes that affect regime change.Commitment to national security is only as valid as the policies and plans, military, economic, and political, that shape the areas and people from which these threats originate.The problem always has been to determine which policies, and how applied, makethe greatest contribution to countering the threat--a threat now represented by socialand religious systems that foster or at least condone aggressive response to differing religiousand social values. This has never been more true than in Afghanistan and inIraq. Security, then, means more than simply protecting the land on which we live; itembraces a comprehensive understanding of the appropriate response to human aspirationsfor improved conditions of life, for equality of opportunity, and for justice andfreedom. Where these interests are thwarted for peoples or groups within a particularstate or region by armed protagonists representing narrow, restrictive interests, our responsemust be one measured by the effective institutionalization of order. This monograph first examines the relationship between law and the use of force, to includea review of the principles of legal justification, the legal criteria for self-defense, andthe policy of deterrence followed by the United States. It then examines the characteristicdifferences between the interpretive approaches taken by national and nonnational entitiesin their respective claims and counterclaims during international crises. Chapter 2, which concludes Part I, is focused on the historical aspects of the minimumworld order system, which today comprises the prohibition against the use of force byone state against another embodied in Article 2, paragraph 4, of the United NationsCharter, with the exception inherent in customary international law and in Article 51of the Charter that every state is authorized to use force in self-defense. A review of thepre-Charter system focuses on the development of the nation-state and the threads ofinternational law development leading to multilateral agreements vice solely bilateralaccords. The period following World War I, with the emergence of the League of Nations, is examined for its significance as an important source of the Charter of theUnited Nations. The structuring of the Charter is then addressed in terms of the conceptof aggression and lawful response to aggression. Chapter 2 concludes with a reviewof the law of self-defense as defined first under customary international law andthen under the UN Charter. Part II addresses lesser conflicts. Chapter 3 addresses instances where intervention isauthorized in defense of humanitarian values defined in the UN Charter. The recenthumanitarian interventions in the Congo and in Kosovo provide examples of authorizedhumanitarian initiatives. Chapter 4 examines the American intervention in Panamain 1989 as we intervened both to protect our interests under the Panama CanalTreaty and to ensure the safety of U.S. nationals present in Panama pursuant to thatagreement. Chapter 5 reviews those conflicts in which terrorist violence by individuals, groups of individuals, and state-supported terrorist elements create a right to respondthrough military force by the target state. The attacks by Iranian militants in 1979 andby al-Qa'ida in 2001 spearhead the discussion of lawful response to terrorist violence.Chapter 5 argues that an effective counterterrorism strategy must ensure that enforcementmeasures are not legally constrained and that people responsible for terrorist actsare consistently held accountable by regional and international organizations. This expandingbody of international law, when coupled with increasingly effective nationallegislation, appears to be arming the victims of terrorism with some of the legal instrumentsnecessary to combat the threat. This chapter concludes that governmental responseto state-supported terror violence, where the elements of necessity andproportionality are met, is clearly supported by customary international law and theUN Charter. Part III, consisting of chapters 6 and 7, addresses examples of major conflict. These areconflicts that have involved aggression by one or more nation-states against anothernation-state, as opposed to the intervention by nations or coalitions of nations in responseto either humanitarian crises or terrorist violence. In these major conflicts, thesovereignty of a nation is normally in dispute.While not necessarily exhibiting greaterdestructiveness than "lesser" conflicts, the more traditional international conflicts addressedin Part III invoke the law-of-war principles reflected in the Hague Conventionsof 1899 and 1907 and the Geneva Conventions of 1949. Chapter 6 examines the coalition response to Iraqi aggression in 1990-91 during OperationDESERT STORM. It contrasts the illegality of the actions of the Iraqi regime ofSaddam Hussein with the responses of the coalition led by the United States, whichsucceeded in liberating Kuwait and returning its borders to the status quo ante. Thechapter begins with a discussion of Iraq's invasion of Kuwait and the response of theUnited Nations, leading up to the decision to use force. It then examines the conduct ofarmed hostilities by both sides during the war. The chapter concludes with observationson the role of law in the successes and failures of the postwar enforcement regimein Iraq. Chapter 7, Operation IRAQI FREEDOM, examines the Bush administration's decision toinvade Iraq in March 2003 and enforce a long series of UN Security Council resolutionsaddressing Iraqi threats to international peace and security. This chapter examinesthese Iraqi violations in the context of international law principles justifyingintervention.More significantly, it examines the right of states to enforce mandates issuedby the Security Council and to redress violations of its edicts when the Council, asa body, refuses to do so. Part IV addresses U.S. policy for peace operations. The United States has voted to supportthe United Nations and NATO in providing multilateral forces to restore internationalpeace and security. The United Nations was involved in both Chapter VI(peacekeeping) and Chapter VII (peace enforcement) operations in the 1990s, withlimited success. Chapter 8, "Development of Criteria for Peace Operations," looks atthe limitations inherent in UN leadership of such operations, citing the UN failures inSomalia and Bosnia. The success of NATO as the leadership element in Kosovo in 1998was significant and may foreshadow a new era for the role of regional organizations(discussed in chapter 9) under Chapter VIII of the UN Charter.Part V concerns itself with special areas of legal concern that warrant considerationwith regard to legal justification for military response to international coercion. Thispart, "Challenges for the Twenty-first Century," addresses the right of states to respondto threats to, and attacks on, critical infrastructure. Chapter 10 examines what rights, if any, in self-defense are triggered by attacks on infrastructure systems critical to our nationalpolitical and economic integrity. Chapter 11," "concerning computer network attack, takes this one step farther and examines the authority that international lawprovides to nations wishing to protect these systems aggressively, through preemptivedefense. Chapter 11 carefully analyzes the right to target computer networks of nationsthat have expressed "clear indicators of attack." Finally, recommendations are offered toenhance the ability of the international legal system to support and embrace, stronglyand legally, computer-generated data-warfare responses to such aggression. This Newport Paper examines representative instances where force has recently beenused in international relations, the circumstances under which it was used, the instructiveinternational policy and legal constructs that can be applied, and the relationshipof these policies to the minimum world order system established in Articles 2(4) and51 of the United Nations Charter. That system, defined more fully in the pages that follow, provides a complementary structure that prohibits and counters the unlawful, aggressiveuse of force, on the one hand, and permits national and collective self-defense, on the other, in a manner designed to meet both the traditional threats representedduring the Cold War and the nontraditional threats we have seen recently and can expectin the future.
This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.
