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

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______. Arms Control and Disarmament Agency. The International Law of indirect Aggression and Subversion. By A. J. Thomas, Jr., Ann van Wynen Thomas, and Oscar A. Salas. Washington, D.C., 30 June 1966. ______. Central Intelligence Agency. National Foreign Assessment Center. “Patterns of International Terrorism: 1980.” June 1981. ______. Congress. House. Committee on Foreign Affairs. Subcommittee on Arms Control, International Security and Science. Joint Hearing with Committee on Public Works and Transportation, Subcommittee on Aviation: Impact of International Terrorism on Travel. 99th Cong.. 2d sees., 19 February, 17 and 22 April, and 15 May 1986. No. 99-48. ______. Senate. Committee on Foreign Relations. Subcommittee on Foreign Assistance. Hearings on International Terrorism. Statement by Richard B. Lillich professor, University of Virginia Law School, 13-21. 95th Cong., 1st sess., 14 September 1977. ______. Hearings before the Committee on Foreign Relations, S. 2236. “Legal Aspects of International Terrorism: The Trees and the Forest,” by Mona E. Evans and John F. Murphy, 84-95. 95th Cong., 2d sess., 8 June 1978. ______. Hearings on International Terrorism before the Subcommittee on Foreign Assistance. “Upgrading the Fight against Terrorism,” by Brian M. Jenkins, 68-73. 95th Cong., 1st sess., 14 September 1977. ______. Committee on the Judiciary. Subcommittee on Security and Terrorism. Hearings on Historical Antecedents of Soviet Terrorism. 97th Cong., 1st sess., 11-12 June 1981. Series no. J-97-40. ______. Report on “State-Sponsored Terrorism. “99th Cong., 1st sess., June 1985. Senate print 99-56. ______. Hearings on Terrorism: The Role of Moscow and Its Subcontractors. 97th Cong., 1st sess., 26 June 1981. Series no. 97-44. ______. Department of the Air Force. Office of The Judge Advocate General (HQ USAF/JACI). Letter, subject: Use of Force against Terrorist Organizations and Personnel. 24 January 1985. ______. Department of the Army. “DoD Policy on Terrorism.” Speaking with One Voice, 15 September 1982. ______. Office of the Adjutant General. Letter (HQ DA 525-86-1), subject: DA Policy on Special Operations. 10 July 1986. ______. Letter (HQ DAJA-IA 1986/8036), Hays Parks to Lt Col Richard J. Erickson, USAF, 12 September 1986. ______. Memorandum (HQ DAJA-AL 1984/1173), Antiterrorist Task Force (ODCSPOS), subject: Legal Subtasks, 1 February 1984. ______. Memorandum (HQ DAJA-IA 1985/7026), director, Operations, Readiness, and Mobilization (DAMO-OD), subject: Use of Expanding Ammunition by U.S. Military Forces in Counterterrorist Incidents, 23 September 1985. ______. Training and Doctrine Command. Joint Low-Intensity Conflict Project. 3 vols. Fort Monroe, Va.: 1 August 1986. ______. 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, 56-62. ______. Soviet Military Power, 1986. Washington, D.C.: 1986. ______. U.S. Military Force Posture. Washington, D.C.: 1985.
______. National Defense University. “The 1980s: Decade of Confrontation?” Proceedings of the Eighth Annual National Security Affairs Conference, 13-15 June 1981. Fort Lesley J. McNair, Washington, D.C., 1981. ______. Organization of the Joint Staff. United States Military Posture FY 1988, 92-93, Washington, D.C., 1987. ______. Department of State. “The Abu Nidal Group.” ______. “Convention Concerning Bombardment by Naval Forces in Time of War (Hague Convention IX),” 18 October 1907. Statutes at Large, vol. 36, pt. 2, 2351. TS 542. Bevans, vol.1 681. ______. “Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation” (Montreal Convention). 23 September 1971. TIAS 7570. UST, vol. 24, pt. 1, 564. ______. “Convention for the Suppression of Un1awful Seizure of Aircraft” (Hague Convention), 16 December 1970. TIAS 7192. UST, vol. 22, pt. 2, 1641. ______. “Convention on Offenses and Certain Other Acts Committed on Board Aircraft” (Tokyo Convention), 14 September 1963. TIAS 6768. UST, vol. 20, pt. 3, 2941. UNTS. vol. 704 (1969), no. 10106, 219. ______. “Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents” (New York Convention), 14 December 1973. TIAS 8532. UST, vol. 28, pt. 2, 1955. ______. “Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion That Are of International Significance,” 2 February 1971. TIAS 8413. UST, vol. 21, pt. 4, 3949. Organization of American States (OAS), AG/88/rev. ______. “Convention Respecting the Laws and Customs of War on Land (Hague Convention IV)” 18 October 1907. Statutes at Large, vol. 36, pt. 2, 2227. TS 539. Bevans, vol. 1, 631. ______. “Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field” (GCI), 12 August 1949. TIAS 3362. UST, vol.6, pt. 3,3114. UNTS, vol. 75 (1950), no. 970, 31. ______. “Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea” (GC II), 11 August 1949. TIAS 3363. UST, vol. 6, pt. 3, 3217. UNTS, vol. 75 (1950), no. 971. 85. _____ “Geneva Convention on the Law of the High Seas,” 29 April 1958. TIAS 5200. UST, vol. 13, pt. 2, 2312. UNTS, vol. 450 (1963), no. 6465, 82. ______. “Geneva Convention Relative to the Protection of Civilian Persons in Time of War” (GC IV), 11 August 1949. TIAS 3365. UST, vol. 6, Pt. 3, 3516. UNTS, vol. 75 (1950), no. 973, 287. ______. “Geneva Convention Relative to the Treatment of Prisoners of War” (GC III), 12 August 1949. TIAS 3364. UST, vol. 6, pt. 3, 3316. UNTS, vol. 75 (1950), no. 972, 135. ______. “International Terrorism: U.S. Policy on Taking Americans Hostage,” June 1986. ______. “Incidents Connected with US Strike on Libya.” No. 3705a. 1986. ______. “Libya Talking Points.” 1 April 1986. ______. “Patterns of Global Terrorism: 1984,” November 1985. ______. “Press Guidance on Israeli Force-Down of Libyan Aircraft,” 5 February 1986. ______. “Prohibition against the Use of Asphyxiating, Poisonous or Other Gases, and Bacteriological Methods of Warfare” (Geneva Gas Protocol), 17 June 1965. TIAS 8061. UST, vol. 26, pt. 1, 571. LNTS, vol. 94:65.
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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
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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
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Fifth, and finally, article 52, par
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12. See Rosalyn Higgins, “The Leg
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CHAPTER 6 OTHER LEGAL ARGUMENTS TO
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conditions necessary for invitation
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The action must be taken for a puni
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…Yet, essentially for reasons of
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The action must be necessitated by
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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 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 206 and 207: ______. “Terrorist Attacks on US
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