12. See Rosalyn Higgins, “The Legal Limits to the Use <strong>of</strong> Force by Sovereign States: United Nations Practice,” in British Year Book <strong>of</strong> International Law, 1961, vol. 37 (Oxford, England: Oxford <strong>University</strong> Press for Royal Institute for International Affairs, 1962), 307. 13. See Bowett, “Collective Self-Defence,” 130. 14. Bowett, Self-Defence, 238. 15. For a discussion, see Higgins, 307. 16. Bowett, Self-Defence, 244. 17. Ibid., 218. 18. “Report on Use <strong>of</strong> Force,” 208. 19. Oscar Schachter, “In Defense <strong>of</strong> International Rules on the Use <strong>of</strong> Force,” <strong>University</strong> <strong>of</strong> Chicago Law Review 53, no. 1 (Winter 1986): 120. 20. See John Norton Moore, “The Lawfulness <strong>of</strong> Military Assistance to the Republic <strong>of</strong> Vietnam,” in The Vietnam War and International Law, ed. Richard A. Falk, vol. 1 (Princeton. N.J.: Princeton <strong>University</strong> Press, 1968), 237-70; Myres S. McDougal and Florentino P. Feliciano, Law and Minimum World Public Order (New Haven, Conn.: Yale <strong>University</strong> Press, 1961), 248; Oscar Schachter, “The Right <strong>of</strong> States to Use Armed Force,” Michigan Law Review 82 (April-May 1984): 1638-39; and Sir Humphrey Waldock. “The Regulation <strong>of</strong> the Use <strong>of</strong> Force by Individual States in International Law,” Recueil des Cours 81, pt. 2 (1952), 504. 21. Moore, “Lawfulness <strong>of</strong> Military Assistance,’’ 237. 22. Waldock, 504. 23. Thomas M. Franck, “Who Killed Article 2(4)? or: Changing Norms Governing the Use <strong>of</strong> Force by States,” American Journal <strong>of</strong> International Law 64, no. 4 (October 1970): 832. 24. See “Charter <strong>of</strong> the United Nations,” art. 53. See also for discussion, Bowett, Self- Defence, 241-42; Lloyd N. Cutler, “The Right to Intervene,’’ Foreign Affairs 64, no. 1 (Fall 1985): 96; Higgins, 270-71 and 297-98; Schachter, “The Right <strong>of</strong> States,” 1641; and Gerhard von Glahn, Law Among Nations, 3d ed. (New York: Macmillan Publishing Co., 1976), 167. 25. See “Charter <strong>of</strong> the United Nations,” art. 54. See also Bowett, Self-Defence, 219- 20. 26. Moore, “Grenada,’’ 156. Moore also quotes Leland M. Goodrich, E. Hambro, and A. P. Simons from their book Charter <strong>of</strong> the United Nations written in 1969 as follows: In the [Security] Council discussion [concerning the Dominican crisis <strong>of</strong> 1965], one representative pointed out that the expression “en<strong>force</strong>ment action” presupposed the existence <strong>of</strong> something to be en<strong>force</strong>d, and that consequently en<strong>force</strong>ment <strong>of</strong> a recommendation, as contained in the OAS resolution, was a contradiction in terms. He also stressed that the OAS was carrying out a conciliatory mission, its <strong>force</strong>s were not there in support <strong>of</strong> any claim <strong>against</strong> the <strong>state</strong>, and its function was that <strong>of</strong> pacific settlement under Article 52 and not that <strong>of</strong> en<strong>force</strong>ment under Article 53. This appears to have been the view <strong>of</strong> the majority <strong>of</strong> Council members. Moore, “Grenada,” 155. 27. Certain Expenses <strong>of</strong> the United Nations, advisory opinion, 1962 ICJ 155. 28. Moore, “Grenada,’’ 159. The problems created for a nation that has no regional organization through which it can work are evident in the comparison between the US action to
quarantine Cuba and the Israeli attack on the Iraqi nuclear reactor. Matt S. Nydell addresses this comparison, writing, US <strong>of</strong>ficials repeatedly and consciously rejected the article 51 self-defense argument as a legal basis for the action. The administration was concerned that reliance on the doctrine <strong>of</strong> self-defense would set a bad precedent and weaken the requirement that self-defense not be invoked except in case <strong>of</strong> ‘‘armed attack.” Instead, the U.S. action was explained in terms <strong>of</strong> the collective security provisions <strong>of</strong> the OAS [Organization <strong>of</strong> American States] Charter. Israel, however, had no collective security device to invoke, and had only self-defense under article 51 as a justification. Nydell, “Tensions between International Law and Strategic Security: Implications <strong>of</strong> Israel’s Preemptive Raid on Iraq’s Nuclear Reactor,” Virginia Journal <strong>of</strong> International Law 24, no. 2 (1984): 485. 29. ‘‘Charter <strong>of</strong> the United Nations,” art. 52, para. 1. See Moore, “Grenada,” 154. 30. See letter <strong>of</strong> David R. Robinson, 10 February 1984, in “Resort to War and Armed Force: Organization <strong>of</strong> Eastern Caribbean States: Grenada 1983” (US Digest, chap. 14, sec. 1), Contemporary Practice <strong>of</strong> the United States Relating to International Law, American Journal <strong>of</strong> International Law 78, no.3 (July 1984): 662. 31. Moore, ‘‘Grenada,” 155.
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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.
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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
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27. UN General Assembly, resolution
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44. L. C. Green of the University o
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65. Information provided by L. Cart
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105. See Stephen Sloan, Beating int
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The law of armed conflict approach
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But, as regards terrorism, the arme
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1. If the law of armed conflict is
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Although both approaches, law enfor
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crime involved. This initiative has
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Symbionese Liberation Army (SLA) wa
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eaches, prosecution, and extraditio
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the latter instance, no one claimed
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international law establishing indi
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Another issue is the choice and use
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NOTES 1. Department of State, “Li
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28. Paul A. Tharp, Jr., “The Laws
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1919 a process has been under way t
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66. See Geneva Convention IV, artic
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CHAPTER 3 STATES HAVE RESPONSIBILIT
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International Terrorism and the Dut
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government exercises within its ter
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- Page 100 and 101: object the removal or destruction o
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- Page 110 and 111: Strictly speaking, the right of ind
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- Page 114 and 115: Although the degree of control that
- Page 116 and 117: The expansive school’s belief tha
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- Page 124 and 125: Summary and Transition Individual s
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- Page 128 and 129: In response to this line of reasoni
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- Page 134 and 135: avoided if the focus is put properl
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- Page 144 and 145: conditions necessary for invitation
- Page 146 and 147: The action must be taken for a puni
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- Page 150 and 151: The action must be necessitated by
- Page 152 and 153: emained so once the operations were
- Page 154 and 155: Perhaps the best ease for humanitar
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- Page 178 and 179: Option 8: Peacetime Reprisal Source
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Clark, Roger S. “Humanitarian Int
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Harlow, Bruce, Lt Comdr, USN. “Th
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Livingstone, Neil C., and Terrell B
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Paust, Jordan 5. “Entebbe and Sel
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______. “Problems with the Applic
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Blum, Yehuda. State Terrorism and t
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“European Convention on the Suppr
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______. Arms Control and Disarmamen
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______. “Terrorist Attacks on US