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The Use Of Force And (The State Of) Necessity, Andreas Laursen
The Use Of Force And (The State Of) Necessity, Andreas Laursen
Vanderbilt Journal of Transnational Law
At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
Vanderbilt Journal of Transnational Law
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …