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

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Another issue is the choice and use of weapons, not by the terrorists but by states opposing terrorists. For example, in time of armed conflict dumdum bullets are prohibited. In time of peace, they are not. Most nations use dumdum-like ammunition in terrorist situations, not to inflict unnecessary suffering on the terrorist but to contain the hostile situation. Dumdum rounds have a greater tendency not to pass through the body of the person shot, thus reducing likelihood of incidental injury to others. In aircraft hijacking situations, the rounds are less likely to pierce the hull of the aircraft, thereby causing depressurization. 95 Summary and Transition This chapter has outlined two different approaches to state-sponsored international terrorism. The West, including the United States, has elected to respond to terrorism through the law enforcement approach rather than to invoke the law of armed conflict. Both approaches have advantages and disadvantages. The choice is not clear cut. Table 2 compares the two approaches.
TABLE 2 Alternate Legal Approaches Compared Trait Law Enforcement Law of Armed Conflict Basic thrust Civil Military Primary level of responsibility Police Armed forces View of terrorist activity Outlaw Unlawful combat Combatant status of terrorists None Unlawful and unprivileged Treatment of terrorists Criminal Criminal Objective of authorities Arrest, prosecute, and imprison Defeat, prosecute, and imprison Offenses, where normally defined Applicability of treaty law defining offenses Applicability of extradition law Domestic law International law Limited Universal Limited Universal Authority to try Domestic courts Normally domestic, but international courts could Context of armed force response Initial decision to use force (go/no-go rules) Subsequent decisions on use of force (rules governing conduct of military operation) Peacetime crisis Armed conflict (Rules contained in chapters 4-6 are the same for both approaches. May be easier for LOAC approach to meet the conditions of the rules.) Some law of armed conflict rules apply. Geneva conventions do not apply. All law of armed conflict rules apply including Geneva conventions. Further review and discussion is encouraged so that the West can best utilize international law in combating terrorism. The next chapter lays the foundation for the legitimate use of armed force abroad by looking at the international law concept of state responsibility.
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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.
Page 10 and 11:
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
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 54 and 55: 105. See Stephen Sloan, Beating int
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 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
Page 110 and 111: 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
Page 116 and 117: 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
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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
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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