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

• This study surveys current international law but excludes attempts to project what the
future directions in the law may be.
• This study does not examine proposals to make terrorism an international crime, to
establish an international criminal court or an international police force, to create a common
judicial area for prosecution of terrorists, or to develop innovative ideas for the development of
international customary law. 8 Instead, the focus is on existing rules governing forcible response.
• The discussion includes legal rules or norms but excludes foreign policy and other
nonlegal considerations bearing on the use or nonuse of force. 9
• The study examines international law but excludes domestic law. Combating terrorism
involves many domestic law issues that are beyond the scope of this study. Among the domestic
law issues for the United States, for example, are the Posse Commitatus Act, the War Powers
Resolution, and other legislative initiatives to deal with terrorism. 10
• The discussion examines the principles governing the legitimate use of military force
but excludes other international law rules unrelated to this determination. Although status of
forces agreements and landing and overflight privileges are important legal considerations in
planning and executing military operations, they are not considered in this study because they
address how a military operation can be properly accomplished and not whether the initial
decision to use force is proper. 11 Also beyond the scope of this study are other modalities of
projecting power such as diplomatic or economic action. This study focuses strictly on the use of
force. Consequently, international initiatives to outlaw various terrorist acts and to enhance
extradition and prosecution of terrorists are outside the purview of this work. 12
• This study examines the overt use of military force but excludes covert operations.
Since, within the United States government, covert operations are not the responsibility of the
Department of Defense (DOD), they are not considered here. 13
• The study includes a discussion of forcible action abroad but excludes forcible action at
home. This study is concerned with the application of military force outside the territorial
jurisdiction of a state against international terrorists and their state sponsors and supporters. Use
of force against domestic terrorists within a state’s own territory is essentially a law enforcement
action governed by domestic law. Although this latter use of force could raise human rights and
other legal issues, such use is beyond the scope of this study.
Having drawn the parameters of this study, a caveat is required. Even though an issue is
beyond the scope of this study in itself, it may be discussed to the extent of its ancillary impact
upon the primary issues under consideration. This study looks at only one piece of a complex
jigsaw puzzle. To fully understand that piece, it may be necessary to have some understanding of
the pieces that surround it.