Legitimate use of military force against state-sponsored - Air University

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object the removal or destruction of the terrorist bases would appear to be justifiable under Article 51. 97 Chapter 4 considers self-defense; subsequent chapters consider other potential justifications.
NOTES 1. Senate, Committee on Foreign Relations, Subcommittee on Foreign Assistance, Hearings on International Terrorism, statement by Richard B. Lillich, 95th Cong.: 1st sess., 14 September 1977, 14-15, 18. See also Lillich, ‘Controlling Transnational Terrorism: The Relevance of International Law.” in American Society of International Law, Proceedings of the 72nd Annual Meeting, 27-29 April 1983 (Washington, D.C.,1985), 343; and Lillich. “International Terrorism,” in International Law Association (ILA), Report of the Fifty-Seventh Conference Held at Madrid (Great Britain: 1978), 139-40. 2. Judge Max Huber, Island of Palmas (United States v. The Netherlands). United Nations, Reports on International Arbitral Awards, vol.2 (1949), 839. 3. Chorzow factory, Permanent Court of International Justice (PCU), series A, no. 17 (1928), 29. See also Lt Comdr Michael Franklin Lohr, “Legal Analysis of U.S. Military Responses to State-Sponsored International Terrorism,” Naval Law Review 34 (1985): 9-10; and Max Sorensen, Manual for Public International Law (New York: St. Martin’s Press, 1968), 533- 35. 4. See “Charter of the United Nations,” 26 June 1945, Statutes at Large, vol. 59: 1031; United States Treaty Series 993; Department of State, United States Treaties and Other International Agreements, 1776-1949, compiled under the direction of Charles I. Bevans (hereinafter Bevans), vol. 3, Multilateral, 1931-1945, 1153; “Charter of the United Nations: Amendments to Articles 23, 27, and 67.” 31 August 1965, Treaties and Other International Acts Series (TIAS) 5857, United States Treaties and Other International Agreements (UST), vol. 16, pt. 2, 1134; United Nations Treaty Series (UNTS), Treaties and Other International Agreements Registered or Filed and Reported with the Secretariat of the United Nations, vol. 557 (1966), no. 8132, 143; “Charter of the United Nations: Amendments to Article 109,” 12 June 1969, TIAS 6529, UST, vol. 19, pt. 5, 5450; “Charter of the United Nations: Amendments to Article 61,” 24 September 1973, TIAS 1739, UST, vol. 24, pt. 2, 2225; see also Gerhard von Glahn, Law Among Nations, 3d ed. (New York: Macmillan, 1976), 177-80. 5. United Nations General Assembly, “Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States,” 24 October 1970, Resolution 2526, Official Records (UN GAOR), 25th sess., supp. 28, A/8028 (1970), 121. 6. Maj William R. Farrell, USAF, “Terrorism Is…?” Naval War College Review 32, no. 3 (May-June 1980): 65. 7. See Oscar Schachter, ‘‘The Right of States to Use Armed Force,” Michigan Law Review 82 (April-May 1984): 1622. 8. See UN General Assembly, “Declaration on Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Political Independence and Sovereignty,” 21 December 1965, Resolution 2131, UN GAOR, 20th sess., supp. 14, A/60l4 (1965), 11; and von Glahn, 177-80. 9. See article 29, “Vienna Convention on Diplomatic Relations and Optional Protocol on Disputes,” 18 April 1961, TIAS 7502, UST, vol. 23, pt. 3, 3227; UNTS, vol. 500 (1964), no. 7310, 95. A US State Department publication notes: “It is internationally accepted that governments are responsible for the safety and welfare of persons within the borders of their nation.” Department of State, “International Terrorism: U.S. Policy on Taking Americans Hostage,” June 1986, 1.
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LEGITIMATE USE OF MILITARY FORCE AG
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CONTENTS Page Disclaimer ii Forewor
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Chapter 7 USE OF MILITARY FORCE: TE
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ABOUT THE AUTHOR Lt Col Richard J.
Page 10 and 11:
INTRODUCTION THE RELEVANCE OF INTER
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Chapter 7 summarizes the lessons le
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This Study, How Meaningful? States
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The international arena has seen so
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Combating terrorism accents this is
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7. Many scholars and jurists have f
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Jenkins, “Combatting Terrorism Be
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Thoughts toward an International Co
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29. See Vice President, Report on C
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CHAPTER 1 WHAT IS TERRORISM AND HOW
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If a general definition would be so
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Terrorism is the unlawful use or th
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International Terrorism: A Working
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there is evidence that President Id
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The Vice President’s Task Force o
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A Threat More Serious Than Numbers
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Diplomatic relations between countr
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And what has the challenge become?
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physically or by neutralizing their
Page 48 and 49:
27. UN General Assembly, resolution
Page 50 and 51: 44. L. C. Green of the University o
Page 52 and 53: 65. Information provided by L. Cart
Page 54 and 55: 105. See Stephen Sloan, Beating int
Page 56 and 57: The law of armed conflict approach
Page 58 and 59: But, as regards terrorism, the arme
Page 60 and 61: 1. If the law of armed conflict is
Page 62 and 63: Although both approaches, law enfor
Page 64 and 65: crime involved. This initiative has
Page 66 and 67: Symbionese Liberation Army (SLA) wa
Page 68 and 69: eaches, prosecution, and extraditio
Page 70 and 71: the latter instance, no one claimed
Page 72 and 73: international law establishing indi
Page 74 and 75: Another issue is the choice and use
Page 76 and 77: NOTES 1. Department of State, “Li
Page 78 and 79: 28. Paul A. Tharp, Jr., “The Laws
Page 80 and 81: 1919 a process has been under way t
Page 82 and 83: 66. See Geneva Convention IV, artic
Page 84 and 85: CHAPTER 3 STATES HAVE RESPONSIBILIT
Page 86 and 87: International Terrorism and the Dut
Page 88 and 89: government exercises within its ter
Page 90 and 91: few states, although they do not vi
Page 92 and 93: to establish the linkage required u
Page 94 and 95: chapters 4-6 examine the second. Te
Page 96 and 97: all Members shall refrain in their
Page 98 and 99: valuable tools of self-help and of
Page 102 and 103: 10. Jordan J. Paust, “Entebbe and
Page 104 and 105: 34. See “Terrorism’s Grim Upsur
Page 106 and 107: through activities that involve for
Page 108 and 109: CHAPTER 4 INDIVIDUAL SELF-DEFENSE A
Page 110 and 111: Strictly speaking, the right of ind
Page 112 and 113: Clearly, however, states may not re
Page 114 and 115: Although the degree of control that
Page 116 and 117: The expansive school’s belief tha
Page 118 and 119: What is the customary law on self-d
Page 120 and 121: await the arrival on scene of an ar
Page 122 and 123: Reasonable Response This element re
Page 124 and 125: Summary and Transition Individual s
Page 126 and 127: Security; Implications of Israel’
Page 128 and 129: In response to this line of reasoni
Page 130 and 131: American Society of International L
Page 132 and 133: Brownlie, “Use of Force,” 231.
Page 134 and 135: avoided if the focus is put properl
Page 136 and 137: The danger of conceding to individu
Page 138 and 139: Fifth, and finally, article 52, par
Page 140 and 141: 12. See Rosalyn Higgins, “The Leg
Page 142 and 143: CHAPTER 6 OTHER LEGAL ARGUMENTS TO
Page 144 and 145: conditions necessary for invitation
Page 146 and 147: The action must be taken for a puni
Page 148 and 149: …Yet, essentially for reasons of
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The action must be necessitated by
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emained so once the operations were
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Perhaps the best ease for humanitar
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The state contemplating interventio
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Many have criticized the modern law
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NOTES 1. See J. E. S. Fawcett, ‘I
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27. Bowett writes, ‘‘Reprisals
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49. See Bowett, Self-Defence, 88. 5
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An International Journal 7, no. 2 (
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This study has considered each of t
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Piracy, which is limited to illegal
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NOTES 1. Joint Chiefs of Stall, Uni
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3. The action is taken to protect e
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Option 4: Collective Anticipatory S
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Option 8: Peacetime Reprisal Source
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8. The action is for a limited dura
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APPENDIX B UNITED NATIONS CHARTER (
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APPENDIX C STATUTE OF THE INTERNATI
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Crelinsten, Ronald D., Danielle Lab
Page 188 and 189:
Almond, Harry E., Jr. “Using Law
Page 190 and 191:
Clark, Roger S. “Humanitarian Int
Page 192 and 193:
Harlow, Bruce, Lt Comdr, USN. “Th
Page 194 and 195:
Livingstone, Neil C., and Terrell B
Page 196 and 197:
Paust, Jordan 5. “Entebbe and Sel
Page 198 and 199:
______. “Problems with the Applic
Page 200 and 201:
Blum, Yehuda. State Terrorism and t
Page 202 and 203:
“European Convention on the Suppr
Page 204 and 205:
______. Arms Control and Disarmamen
Page 206 and 207:
______. “Terrorist Attacks on US
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