Reappraising the Resort to Force: International Law, Jus Ad Bellum and the War on Terror
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
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2nd edn Oxford 97 American Iournal accepted acts Afghanistan Al-Qaeda anticipatory self-defence argued Armed Activities armed attack armed force Article 2(4 Article 51 asserted authorisation Brownlie Bush doctrine ceaseﬁre Chapter VII Charter Comparative Law Quarterly context Court defence Deﬁnition difﬁcult Dinstein ﬁrst Force Against Iraq Franck Gray Greenwood ibid imminent International and Comparative international peace Iournal of International Israel jus ad bellum justiﬁcation material breach military action Nicaragua non-state actors October ofﬁcial Oil Platforms Operation Enduring Freedom Operation Iraqi Freedom Oxford University Press peace and security pre-emptive relevant Resolution 1441 Resolution 678 right of self-defence Schmitt Secretary-General Security Council Resolution Security Strategy self-defense September 2001 signiﬁcant Simma speciﬁc state’s sufﬁcient Taliban Taliban regime targets territory Terrorism terrorist attacks threat UN Charter United Kingdom United Nations addressed UNSC V V V violation VVVV VVVVV War on Terror