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

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105. See Stephen Sloan, Beating international Terrorism: An Action Strategy for Preemption and Punishment (Maxwell AFB, Ala.: Air University Press, December 1986), 4 and 7. 106. See Gordon A. Christenson quoted in “Controlling Transnational Terrorism: The Relevance of International Law,” in American Society of International Law, Proceedings of the 72nd Annual Meeting, 27-29 April 1978 (Washington, D.C.: 1978), 348. 107. Jacques Bergier’s book is discussed in Gerardo Jorge Schamis, War and Terrorism in international Affairs (New Brunswick, N.J.: Transaction Books, 1980), 35-38. 108. See Jenkins, “Combatting Terrorism Becomes a War,” 1; Jenkins, “Future Trends,” 5-6; Livingstone and Arnold, “Democracy under Attack,” in righting Back, ed. Livingstone and Arnold, 3-5; and Milbank, 72. 109. See Senate, State-Sponsored Terrorism, 68; M. Ma, “Forms of State Support to Terrorism and the Possibility of Combating Terrorism by Retaliating against Sponsoring States,” in On Terrorism and Combating Terrorism, ed. Arid Merari (Frederick. Md.: University Publications of America, 1985), 119-26; Jenkins. “A Strategy for Combatting Terrorism,” Rand, 6624, Rand Corp., Santa Monica, Calif., May 1981, 6; Netanyahu, 48-52; and William L. Waugh, Jr., International Terrorism; How Nations Respond to Terrorists (Salisbury, N.C.: Documentary Publications, 1982), 137-39. See Marks and van Ostpal, 1. See US Army, Training and Doctrine Command, Joint Low-intensity Conflict Project, vol. 1, Analytical Review of Low-intensity Conflict (Fort Monroe, Va.: 1 August 1986), 5-1. 112. Department of Defense, U.S. Military Force Posture FY-1986 (Washington, D.C.: 1985). 94-95. Regarding the analysis of the threat of international terrorism, governments, media, and the terrorists themselves tend to overestimate the threat while the military— concerned about roles, missions and funding—tends to underestimate it. 113. Concerning the problem of educating the public as to the threat, see Vice President. Report on Terrorism, 17; and Sloan, xiv.
CHAPTER 2 INTERNATIONAL LAW AND INTERNATIONAL TERRORISM: WHICH APPROACH SHOULD WE TAKE? Criminal means once tolerated is soon preferred. (Terrorism) is not just criminal activity, but an unbridled form of warfare. The Western democracies are still not aware of it as warfare against them. Edmund Burke George P. Shultz Lord Chalfont Some experts see terrorism as the lower end of the warfare spectrum, a form of low-intensity, unconventional aggression. Others, however, believe that referring to it as war rather than criminal activity lends dignity to terrorists and places their acts in the context of accepted international behavior. Vice President s Task Force on Combating Terrorism International law offers two approaches to international terrorism. States can treat terrorism as a law enforcement problem or they can invoke the law of armed conflict. The law enforcement approach considers international terrorism as primarily a civil police responsibility. The objective is to deter terrorists, but, failing that, to manage them successfully through arrest, prosecution, and imprisonment. Consequently, this approach seeks to improve law enforcement by promoting international agreement and cooperation among nations. Outlawing terrorism making it a universal international crime like piracy or slave trading is the ideal. For the present, states have emphasized negotiating new treaties to define specific terrorist acts as crimes. Conventions on aerial hijacking, letter bombs, and attacks on protected persons such as diplomats are examples. Information exchange and judicial cooperation are essential ingredients of this approach. Nations have focused their attention on extradition agreements and on redefining narrowly the political offense escape clause. Terrorists are viewed as ordinary criminals and not as engaging in combatant activity. In exceptional circumstances when the use of military force abroad is required, that action occurs in the context of a response to a peacetime crisis.
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LEGITIMATE USE OF MILITARY FORCE AG
Page 4 and 5: CONTENTS Page Disclaimer ii Forewor
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
Page 56 and 57: The law of armed conflict approach
Page 58 and 59: But, as regards terrorism, the arme
Page 60 and 61: 1. If the law of armed conflict is
Page 62 and 63: Although both approaches, law enfor
Page 64 and 65: crime involved. This initiative has
Page 66 and 67: Symbionese Liberation Army (SLA) wa
Page 68 and 69: eaches, prosecution, and extraditio
Page 70 and 71: the latter instance, no one claimed
Page 72 and 73: international law establishing indi
Page 74 and 75: Another issue is the choice and use
Page 76 and 77: NOTES 1. Department of State, “Li
Page 78 and 79: 28. Paul A. Tharp, Jr., “The Laws
Page 80 and 81: 1919 a process has been under way t
Page 82 and 83: 66. See Geneva Convention IV, artic
Page 84 and 85: CHAPTER 3 STATES HAVE RESPONSIBILIT
Page 86 and 87: International Terrorism and the Dut
Page 88 and 89: government exercises within its ter
Page 90 and 91: few states, although they do not vi
Page 92 and 93: to establish the linkage required u
Page 94 and 95: chapters 4-6 examine the second. Te
Page 96 and 97: all Members shall refrain in their
Page 98 and 99: valuable tools of self-help and of
Page 100 and 101: object the removal or destruction o
Page 102 and 103: 10. Jordan J. Paust, “Entebbe and
Page 104 and 105:
34. See “Terrorism’s Grim Upsur
Page 106 and 107:
through activities that involve for
Page 108 and 109:
CHAPTER 4 INDIVIDUAL SELF-DEFENSE A
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Strictly speaking, the right of ind
Page 112 and 113:
Clearly, however, states may not re
Page 114 and 115:
Although the degree of control that
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The expansive school’s belief tha
Page 118 and 119:
What is the customary law on self-d
Page 120 and 121:
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
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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
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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
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
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49. See Bowett, Self-Defence, 88. 5
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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
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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
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8. The action is for a limited dura
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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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