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

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CONTENTS Page Disclaimer ii Foreword vi About the Author vii Preface viii Introduction—THE RELEVANCE OF INTERNATIONAL LAW 1 What Is This Study All About? 1 What Is the Purpose of This Study? 3 Limits of This Study 3 This Study, How Meaningful? 5 International Law, Why Bother? 8 Notes 10 Chapter 1 WHAT IS TERRORISM AND HOW SERIOUS IS THE THREAT? 19 What Is Terrorism? 20 Is a Legal Definition Necessary? 23 International Terrorism: A Working Definition 25 Levels of State Involvement 25 Terrorism in Perspective 27 A Threat More Serious Than Numbers Indicate? 31 Summary and Transition 35 Notes 36 Chapter 2 INTERNATIONAL LAW AND INTERNATIONAL TERRORISM: WHICH APPROACH SHOULD WE TAKE? 46 West Opts for Law Enforcement Approach 47 Why the Bias toward Law Enforcement? 49 Managing International Terrorism 52 Thrust of the Law Enforcement Approach 53 Use of Force Abroad: In What Context? 57 Peacetime Crisis Response: What Does It Mean? 57 Law of Armed Conflict: An Alternate Approach? Summary and Transition 65 Notes 67 59
Chapter 3 STATES HAVE RESPONSIBILITIES AS WELL AS RIGHTS 75 Concept of State Responsibility 75 International Terrorism and the Duty of States 77 What Quality of Evidence Is Required? 81 How to Improve Intelligence Gathering 83 When Is intervention Lawful? 84 Interposition and the United Nations Charter 86 Summary and Transition 90 Notes 92 Chapter 4 INDIVIDUAL SELF-DEFENSE AS A JUSTIFICATION FOR THE USE OF FORCE 99 Doctrine of Individual Self-Defense 100 Conditions Permitting Individual Self-Defense 102 Summary and Transition 115 Notes 116 Chapter 5 COLLECTIVE USE OF FORCE: ACTIONS STATES CAN TAKE TOGETHER 124 What Is Collective Self-Defense? 125 Regional Enforcement Action 127 Regional Peacekeeping 128 Summary and Transition 129 Notes 130 Chapter 6 OTHER LEGAL ARGUMENTS TO JUSTIFY USE OF FORCE 133 Invitation 134 Peacetime Reprisal 135 Status of Reprisal in Contemporary International Law 138 Protecting One’s Own Nationals 139 Humanitarian Intervention 143 Hot Pursuit 147 Piracy: ‘What Is It? Self-Help: A Bonn Fide Precept? 149 Summary 150 Notes 151 148
Page 2 and 3: LEGITIMATE USE OF MILITARY FORCE AG
Page 6 and 7: Chapter 7 USE OF MILITARY FORCE: TE
Page 8 and 9: ABOUT THE AUTHOR Lt Col Richard J.
Page 10 and 11: INTRODUCTION THE RELEVANCE OF INTER
Page 12 and 13: Chapter 7 summarizes the lessons le
Page 14 and 15: This Study, How Meaningful? States
Page 16 and 17: The international arena has seen so
Page 18 and 19: Combating terrorism accents this is
Page 20 and 21: 7. Many scholars and jurists have f
Page 22 and 23: Jenkins, “Combatting Terrorism Be
Page 24 and 25: Thoughts toward an International Co
Page 26 and 27: 29. See Vice President, Report on C
Page 28 and 29: CHAPTER 1 WHAT IS TERRORISM AND HOW
Page 30 and 31: If a general definition would be so
Page 32 and 33: Terrorism is the unlawful use or th
Page 34 and 35: International Terrorism: A Working
Page 36 and 37: there is evidence that President Id
Page 38 and 39: The Vice President’s Task Force o
Page 40 and 41: A Threat More Serious Than Numbers
Page 42 and 43: Diplomatic relations between countr
Page 44 and 45: And what has the challenge become?
Page 46 and 47: physically or by neutralizing their
Page 48 and 49: 27. UN General Assembly, resolution
Page 50 and 51: 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
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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
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