29. See Vice President, Report on Combatting Terrorism, 12. 30. United Kingdom, Foreign and Commonwealth Office, “International Reaction to Terrorism,” background brief, January 1986, 5. 31. “Our goal,” in the words <strong>of</strong> Secretary <strong>of</strong> State Shultz, “must be to prevent and deter future terrorist acts.” George P. Shultz, “Terrorism and the Modern World,” Terrorism: An International Journal 7, no. 4 (1985): 442. See also Netanyahu, “Terrorism: How the West Can Win,” 50; Jeffrey A. Sheehan, “The Entebbe Raid: The Principle <strong>of</strong> Self-Help in International Law as a Justification for State Use <strong>of</strong> Armed Force,” Fletcher Forum 1 (Spring 1977): 152-53; Paul Wilkinson, “Proposals for Government and International Responses to Terrorism,” Terrorism: An International Journal 5, nos. 1-2 (1981): 161-93; and Senate, Committee on the Judiciary, Subcommittee on Security and Terrorism, Report on “State-Sponsored Terrorism, “99th Cong., 1st sess., June 1985, Senate print 99-56, 74-75. 32. Wilkinson, “Responses to Terrorism,” 192-93. 33. William J. Casey, “International Terrorism: Potent Challenge to American Intelligence,” address at Fletcher School <strong>of</strong> Law and Diplomacy, Tufts <strong>University</strong>, Medford, Mass., 17 April 1985, in Terrorism, ed. Steven Anzovin, The Reference Shelf, vol. 58, no. 3 (New York: H. W. Wilson Co., 1986), 69; reprinted from Vital Speeches 51, no. 23 (15 September 1985). 34. According to Secretary Shultz “a purely passive defense does not provide enough <strong>of</strong> a deterrence to terrorism and the <strong>state</strong>s that sponsor it.” George P. Shultz “Terrorism: The Challenge to Democracy,” address to the Jonathan Institute’s Second Conference on International Terrorism, Washington, D.C., 24 June 1984, in Anzovin, 58; reprinted from Department <strong>of</strong> State Bulletin 84, no. 2089 (August 1984). On 9 July 1986, Secretary Shultz <strong>state</strong>d further, “We have to be willing to do something about it in an active way… and terrorists should know and <strong>state</strong>s that support terrorists should know that the United States will take action and therefore they don’t operate in a cost-free environment.” Department <strong>of</strong> State, “Remarks and Q&A Sessions by the Honorable George P. Shultz, secretary <strong>of</strong> <strong>state</strong>, before Foreign Press Center seminar, Countering State Supported Terrorism,” Press Release 147, 9 July 1986,4. See also Casey, 70-7 1; McFarlane, quoted in Almond, 168-69; and Vice President, Report on Combatting Terrorism. 7. 35. For discussion <strong>of</strong> NSDD 138, see Jenkins, “Combatting Terrorism Becomes a War,” 4; Lt Col James P. Terry, USMC, “An Appraisal <strong>of</strong> Lawful Military Response to State-Sponsored Terrorism,” Naval War College Review 39, no. 3 (May-June 1986): 59; David C. Morrison, “The ‘Shadow War’,” National Journal 18, no. 19 (10 May 1986): 1100; and Stephanie L. Nall, “Move on Terrorism Ordered by Reagan,” Washington Times, 16 April 1984, 1. 36. For a discussion <strong>of</strong> NSDD 207, see US Army, Analytical Review, 8-3. 37. George P. Shultz, Washington Post, 25 June 1984, 1(A). 38. Jenkins, “Combatting Terrorism Becomes a War,” 3. 39. Casey, 70. 40. Paquette Habana, 175 US 677 (1900), 700. 41. Louis Henkin, “International Law as Law in the United States,” Michigan Law Review 82 (April—May 1984): 1561. 42. Abram Chayes, “International Law Issues: The Opposition Position,” in The Cambodian Incursion: Legal Issues; Proceedings <strong>of</strong> the Fifteenth Hammarskjold Forum, ed. Donald T. Fox (Dobbs Ferry, N.Y.: Oceana Publications for the Association <strong>of</strong> the Bar <strong>of</strong> New York City, 1971), 41.
43. See Lloyd N. Cutler, “The Right to Intervene,” Foreign Affairs 64, no. 1 (Fall 1985): 96- 97; and Wilkinson, Terrorism and the Liberal State. 44. Oscar Schachter, “The Right <strong>of</strong> States to Use Armed Force,” Michigan Law Review 82 (April-May 1984): 1623-24. See also Livingstone and Arnold, “Democracy under Attack,” 8; and Edward Marks and Debra van Ostpal, eds., Combating Terrorism: A Matter <strong>of</strong> Leverage (Washington, D.C.: Georgetown <strong>University</strong> Center for Strategic and International Studies, June 1986), 16-18. 45. Sec Francis A. Boyle, “The United Nations Charter and the Iranian Hostage Crisis,” in Terrorism, Political Violence and World Order, ed. Henry Hyunwook Han (Lanham, Md.: <strong>University</strong> <strong>of</strong> America. 1984), 537-39; and Stanley H<strong>of</strong>fmann, “International Law and the Control <strong>of</strong> Force,” in The Relevance <strong>of</strong> International Law, ed. Karl Deutsch and Stanley H<strong>of</strong>fmann (Cambridge, Mass.: Schenkman Publishing Co., 1968), 21-46.
- Page 2 and 3: LEGITIMATE USE OF MILITARY FORCE AG
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- Page 10 and 11: INTRODUCTION THE RELEVANCE OF INTER
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- Page 20 and 21: 7. Many scholars and jurists have f
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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
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Perhaps the best ease for humanitar
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The state contemplating interventio
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Many have criticized the modern law
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NOTES 1. See J. E. S. Fawcett, ‘I
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27. Bowett writes, ‘‘Reprisals
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49. See Bowett, Self-Defence, 88. 5
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An International Journal 7, no. 2 (
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This study has considered each of t
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Piracy, which is limited to illegal
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NOTES 1. Joint Chiefs of Stall, Uni
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3. The action is taken to protect e
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Option 4: Collective Anticipatory S
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Option 8: Peacetime Reprisal Source
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8. The action is for a limited dura
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APPENDIX B UNITED NATIONS CHARTER (
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APPENDIX C STATUTE OF THE INTERNATI
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Crelinsten, Ronald D., Danielle Lab
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Almond, Harry E., Jr. “Using Law
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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