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

49. See Bowett, Self-Defence, 88.
50. See Thomas R. Krift, “Self-Defense and Self-Help: The Israeli Raid on Entebbe,”
Brooklyn Journal of International Law 4, no. 1 (Fall 1977): 56.
51. See Corrigan, 12-13.
52. Stein, 523.
53. Oscar Schachter, “The Right of States to Use Armed Force,” Michigan Law
Review 82 (April-May 1984): 1631.
54. Bowett, Self-Defence, 89. See also Moore, 154; Schachter, “International Rules,”
139; and Sir Humphrey Waldock, ‘‘The Regulation of the Use of Force by Individual States in
International Law.” Recueil des Cours 81, pt. 2 (1952): 467.
55. Fitzmaurice, 172-74.
56. The Mayaguez mission has been criticized because of a lack of necessity for the
operation. See D’Angelo, 503; and Paust, 91. The existence of necessity has led to approval of
the Entebbe rescue mission; see Francis Anthony Boyle. World Politics and International Law
(Durham, N.C.: Duke University Press, 1985), 18-20; Green, 249; and Office of the Legal
Adviser, Digest of United States Practice in International Law. 1976, ed. Eleanor C. McDowell
(Washington. D.C.: 1977). 150-51, State Department, 8908.
57. See Bowett, Self Defence, 101-3.
58. Ibid., 102. Bowett (p. 93) also writes, “In practice it cannot be said that a threat to
the safety of nationals abroad constitutes a threat to the security of the state. Obviously, to
imperil the safety of a single national abroad is not to imperil the security of the state; and yet
there may be occasions when the threat of danger is great enough, or wide enough in its
application to a sizable community abroad, for it to be legitimately construed as an attack on the
state itself.” See also Harlow, 96.
59. Lord McNair quoted in Digest of International Law, vol. 12:3. See also Corrigan,
12-13; Fawcett, 404-8; Harlow, 96; Maizel, 59; Moore, 154.
60. See Fawcett, 404-8.
61. Schachter, “The Right of States,” 1630. See also Krift, 58; Maizel,
63; McHugh, 152; Moore, 154; and Sir Humphrey Waldock quoted in Digest of
International Law, vol. 12:198.
62. Tom J. Farer, “Law and War,” chap. 2 in The Future of the international Legal
Order, ed. Cyril F. Black and Richard A. Falk, vol. 3, Conflict Management (Princeton, N.J.:
Princeton University Press, Center for International Studies, 1971), 55.
63. F. Stowell writing in 1913, quoted by D’Angelo, 485.
64. Jack Donnelly, “Human Rights, Humanitarian Intervention and American Foreign
Policy: Law, Morality and Politics,” Journal of International Affairs 37, no. 2 (Winter 1984):
313.
65. See Harlow, 96; Lillich, 232; and von Glahn, 167.
66. See Thomas M. Franck and Nigel S. Rodley, “After Bangladesh: The Law of
Humanitarian Intervention by Military Force,” American Journal of International Law 67, no. 2
(April 1973): 277-83; Harlow, 97; Lillich, 232; and von Glahn, 168.
67. Franck and Rodley, 285.
68. Sir Hartley Shawcross quoted by Green, 177.
69. Ian Brownlie quoted in Digest of International Law, vol. 12:204-5; Roger S.
Clark, “Humanitarian Intervention: Help to Your Friends and State Practice,” Georgia Journal of
International and Comparative Law 13, supp. (1983): 211; and Donnelly, 312.