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Full-Text Articles in Military, War, and Peace
Challenging And Refining The "Unwilling Or Unable" Doctrine, Craig Martin
Challenging And Refining The "Unwilling Or Unable" Doctrine, Craig Martin
Vanderbilt Journal of Transnational Law
This Article challenges and proposes refinements to the "unwilling or unable" doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more detailed principles to embed the policy firmly in law, strike a balance between the interests of target states and territorial states, and bridge the gap between scholars and policymakers. His principles were embraced by governments as reflecting custom. The effort was laudable, but the principles fell …
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective, Paul C. Ney, Jr.
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective, Paul C. Ney, Jr.
Vanderbilt Journal of Transnational Law
Thank you very much for inviting me here today. I am especially grateful to Dean Chris Guthrie, Professor Mike Newton, and Mrs. Sharon Charney, who generously endowed this lecture series in memory of her late husband, Professor Jonathan Charney. Thank you, as well, to all the members of the Charney family for sharing him with the Vanderbilt community. Professor Charney taught at Vanderbilt for forty years and was one of the nation's preeminent scholars and practitioners of international law. He was a member of the U.S. delegation to the Third United Nations Conference on the Law of the Sea, which …