Maintaining the Legal High Ground: The Legal Implications of Using Armed Force to Combat Terrorists
Abstract
President Bush has consistently articulated his administration's policy to seize the initiative and utilize all elements of national power, including armed force, to combat terrorists and the nations that harbor them. The dialogue on the 'legality' of striking Iraq as a threat to this country's vital interests as a result of its pursuit of weapons of mass destruction resounds in the media. However, there is significantly less discussion on the lawfulness of striking the terrorist groups which, in effect, declared war against the U.S. and viciously attacked it on September 11, 2001. This paper will demonstrate that although international law does not formally address the acceptability of attacking terrorists or nations which harbor them with armed force, there is sufficient legal justification to conduct these military operations in the global war on terrorism. A survey of treaty, customary international and selected case law will demonstrate the legal space in which the U.S. can aggressively fight its terrorist enemies.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 07, 2003
- Accession Number
- ADA415820
Entities
People
- Kevin W. Mangum
Organizations
- United States Army War College