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Military, War, and Peace Commons

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Full-Text Articles in Military, War, and Peace

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.


Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto Jan 2003

Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The issues that the Article tackles are obviously complex and lengthy, however the Article has as its modest goal the exploration of the general arguments that the use of force to counter terrorism raises under the UN Charter regime on the use of force. In Part II, the Article gives an overview of the UN and terrorism noting the ambivalence in addressing the issue that has contributed to the confusion over a precise definition in large part reflective of the basic disagreement over the elements of terrorism itself. Part II then adopts a definition for the purposes of this Article. …