Battling Terrorism: Legal Perspectives on the

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

Acknowledgements

vii

Introduction

1

(10)

1 The Development of the Law Relating to the Use of Force in International Law

11

(40)

Introduction

11

(1)

The Modern Nation-state and the Entrenchment of Force and Terrorism

12

(2)

Use of Military Force and the Modern Nation-state

14

(7)

Unsteady Steps Towards Limiting Use of Military Force

21

(2)

The Era of the League of Nations

23

(4)

Force and the Regime of the UN Charter

27

(11)

Conclusion

38

(13)

2 Countering Terrorism: An Evaluation of the Law Enforcement and Conflict Management Approaches

51

(36)

Introduction

51

(1)

Counter-terrorism Management Paradigms

52

(2)

Terrorism and the UN: An Ambivalent Relationship

54

(3)

Anatomy of Terrorism

57

(3)

The Law Enforcement Paradigm: Terrorism as a Crime

60

(5)

The Use of Non-lethal Military Force: Apprehension of Terrorists in International Space

65

(1)

The Conflict Management Paradigm: Terrorists as Warriors

66

(9)

Conclusion

75

(12)

3 The Cold War Era: Terrorist Action and Reaction

87

(24)

Introduction

87

(1)

Use of Military to Counter Terrorism: Putting Life into the Scarecrow

88

(5)

A Legal Quagmire: Use of Force as a Counter-terrorism Measure

93

(5)

Use of Non-lethal Military Force: Justice by Stealth?

98

(5)

Conclusion

103

(8)

4 Jumping the Gun – An Old Problem as a Solution for New Threats? Afghanistan, Iraq and Beyond

111

(40)

Introduction

111

(2)

Proactive Counter-terrorism Policy

113

(2)

September 11, 2001: Crossing the Rubicon

115

(4)

Anchoring the Attacks on Afghanistan and Iraq

119

(6)

Murky Legal Waters: The Use of Force as a Counter-terrorism Measure in Light of the UN Charter

125

(9)

Conclusion

134

(17)

5 Striking the Enemy's Lair: The War on Terror and State-sponsored Terrorism

151

(32)

Introduction

151

(2)

State Responsibility

153

(7)

Use of Force and State-sponsored Terrorism

160

(11)

Conclusion

171

(12)

6 The War on Terror: Rattling International Law with Raw Power?

183

(14)

Introduction

183

(1)

A Step Back in Time

184

(2)

Changing Gear Without Engaging International Law

186

(1)

Marginalizing the UN and International Law?

187

(3)

The Future

190

(2)

Conclusion

192

(5)

Select Bibliography

197

(8)

Index

205

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Battling Terrorism: Legal Perspectives on the use of Force and the War on Terror

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