International Terrorism as a Lawful Form of Warfare. An Idea Whose Time Should Not Arrive.
Abstract
The United States is facing a significant challenge worldwide from terrorism. The challenge comes from the international scope and the state sponsorship involved in contemporary terrorism. In fact, international terrorism is increasingly referred to as a new form of warfare. The law of armed conflict, however, excludes terrorists as lawful combatants and terrorism as a legitimate type of warfare. Customary international law prohibits state sponsorship of terrorists and their activity. Protocol I to the Geneva Conventions attempts to redress the law of armed conflict. The protocol affords certain terrorists treatment as lawful combatants rather than common criminals. Protocol I also absolves nation states of any liability to other governments arising from its support of terrorism. This analysis evaluates the legal consequences of adhering to the customary international law outlawing terrorism and of ratifying Protocol I to legalize terrorism in wartime. The study concludes that it is not in the United States' national interest to recognize terrorism as an acceptable warfare strategem. (Author)
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1986
- Accession Number
- ADA166690
Entities
People
- John G. Humphries
Organizations
- Air Command and Staff College