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

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Almond, Harry E., Jr. “Using Law to Combat Terrorism.” In Fighting Back: Winning the War against Terrorism, ed. Neil C. Livingstone and Terrell E. Arnold, 157-74. Lexington, Mass.: D. C. Heath and Co., 1986. Alon, Hanan. Lt Col, Israeli Defense Forces. “Terrorism and Countermeasures: Analysis versus a Participant’s Observation.” In Terrorism and Beyond: An International Conference on Terrorism and Low-Intensity Conflict, ed. Brian M. Jenkins, 233-39. Santa Monica, Calif.: Rand Corp., December 1982. Rand, R-27 14-DOE/DOJ/DOS/RC. American Bar Association. Section on International Law and Practice, Committee on Grenada. “International Law and the United States Action in Grenada.” International Lawyer 18 (1984). ______. Standing Committee on Law and National Security. “CIA Director Casey Speaks on War against Terrorism.” Intelligence Report 7, no. 11 (November 1985): 3-6. American Society of International Law. “Armed Force, Peaceful Settlement, and the United Nations Charter: Are There Alternatives to ‘A New International Anarchy’?” In Proceedings of the 77th Annual Meeting, 24-16 April 1983, 31-51. Washington, D.C.: 1985. ______. “Control of Terrorism in International Life: Cooperation and Self-Help.” In Proceedings of the 71st Annual Meeting, 21-23 April 1977, 17-32. Washington, D.C.: 1977. ______. “The Control of Violence in a Lebanese Context.” In Proceedings of the 77th Annual Meeting, 14-16 April 1983, 168-91. Washington, D.C.: 1983. ______. “Controlling Transnational Terrorism: The Relevance of International Law.” In Proceedings of the 72nd Annual Meeting, 27-29 April 1978, 343-51. Washington, D.C.: 1978. ______. “State Responsibility, Self-Help, and International Law. In Proceedings of the 73rd Annual Meeting, 242-49. Washington. D.C.: 1979. ______. “The United Nations Charter and the Use of Force: Is Article 2(4) Still Workable?” In Proceedings of the 78th Annual Meeting, 12-14 April 1984, 68-107. Washington, D.C.: 1984. Amos, John W., II. and Russel H. S. Stolfi. “Controlling International Terrorism: Alternatives Palatable and Unpalatable.” Annals of the American Academy of Political and Social Science 463 (September 1982): 69-83. Arnold, Terrell E. “Rewriting the Rules of Engagement.” In Fighting Back: Winning the War against Terrorism, ed., Neil C. Livingstone and Terrell E. Arnold, 175-90. Lexington, Mass.: D. C. Heath and Co., 1986. Asa, M. “Forms of State Support to Terrorism and the Possibility of Combating Terrorism by Retaliating against Sponsoring States.” Chap. 12 in On Terrorism and Combating Terrorism, ed. Ariel Merari, 119-33. Frederick, Md.: University Publications of America, 1985. Barnett, R. W. “The U.S. Navy’s Role in Countering Maritime Terrorism.” Terrorism: An International Journal 6, no. 3 (1983): 469-80. Baxter, Richard R. “The Geneva Conventions of 1949 and Wars of National Liberation.” In International Terrorism and Political Crimes, ed. M. Cherif Bassiouni, 120-34. Springfield, Ill.: Charles C. Thomas for International Institute for Advanced Criminal Sciences, 1975. ______. “A Skeptical Look at the Concept of Terrorism.” Akron Law Review 7 (Spring 1974): 380-421. Bender, John C. “Self-Defense and Cambodia: A Critical Appraisal.” Boston University Law Review 50 (Spring 1970): 130-39.
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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
Page 52 and 53:
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
Page 94 and 95:
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
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Reasonable Response This element re
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Summary and Transition Individual s
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Security; Implications of Israel’
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In response to this line of reasoni
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American Society of International L
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Brownlie, “Use of Force,” 231.
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avoided if the focus is put properl
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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 172 and 173: NOTES 1. Joint Chiefs of Stall, Uni
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 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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