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

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NOTES 1. Joint Chiefs of Stall, United States Military Posture FY 1988 (Washington, D.C.: 1985), 93. 2. Department of Defense, Annual Report to the Congress, Fiscal Year 1988: Report of the Secretary of Defense Caspar W. Weinberger to the Congress on the FY 1988/FY 1989 Budget and FY 1988-92 Defense Programs (Washington, D.C.: 12 January 1987), 61.
KEY APPENDIX A USES OF ARMED FORCE CHECKLIST (LEGAL) Option #: Potential legal basis for action Source: Origin of legal justification Article 38, Statutes of International Court of Justice (ICJ), identifies three origins of international law: custom (the practice of states accepted as legally required), treaty (bilateral and multilateral agreements ratified by states), and general principles recognized by civilized nations (common principles of law found in the domestic legal systems of states which can, therefore, be given international law application). Acceptability Degree to which international community has accepted legal justification in principle. Ratings: high, moderate, or low. Cross-reference: Location of explanatory text in this study. Review text before using checklist! Conditions: Requirements of legal justification that must be satisfied; all must be met. Option 1: Individual Self-Defense Source: Custom and treaty (UN Charter, art. 51) Acceptability: High Cross-reference: Chapter 4 Conditions: 1. The purpose of the action is to preserve the status quo, to be preventive and not punitive. 2. The action is in response to a prior unlawful act.
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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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few states, although they do not vi
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to establish the linkage required u
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chapters 4-6 examine the second. Te
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all Members shall refrain in their
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valuable tools of self-help and of
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object the removal or destruction o
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10. Jordan J. Paust, “Entebbe and
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34. See “Terrorism’s Grim Upsur
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through activities that involve for
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CHAPTER 4 INDIVIDUAL SELF-DEFENSE A
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Strictly speaking, the right of ind
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Clearly, however, states may not re
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Although the degree of control that
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The expansive school’s belief tha
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What is the customary law on self-d
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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
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
Page 156 and 157: The state contemplating interventio
Page 158 and 159: Many have criticized the modern law
Page 160 and 161: NOTES 1. See J. E. S. Fawcett, ‘I
Page 162 and 163: 27. Bowett writes, ‘‘Reprisals
Page 164 and 165: 49. See Bowett, Self-Defence, 88. 5
Page 166 and 167: An International Journal 7, no. 2 (
Page 168 and 169: This study has considered each of t
Page 170 and 171: Piracy, which is limited to illegal
Page 174 and 175: 3. The action is taken to protect e
Page 176 and 177: Option 4: Collective Anticipatory S
Page 178 and 179: Option 8: Peacetime Reprisal Source
Page 180 and 181: 8. The action is for a limited dura
Page 182 and 183: APPENDIX B UNITED NATIONS CHARTER (
Page 184 and 185: APPENDIX C STATUTE OF THE INTERNATI
Page 186 and 187: 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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