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University of Michigan Law School

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2013

Use of force

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Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner Jan 2013

Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner

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The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …