Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Arguing About The Jus Ad Bellum, Monica Hakimi
Arguing About The Jus Ad Bellum, Monica Hakimi
Book Chapters
In January 2020, the United States conducted a targeted airstrike against Iranian General Qasem Soleimani, who at the time was on official business in Iraq. Soleimani had commanded an Iranian military unit that supported armed groups throughout the region, including in Iraq. He likely was involved, directly or indirectly, in countless incidents of low-level violence against the United States and its allies. Nevertheless, the US attack on him was especially brazen and seemed to up the ante. It raised the possibility, or at least created some chatter, that the two countries were heading toward all-out war.
Most analysts who assessed …
Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner
Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner
Book Chapters
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 …
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Book Chapters
My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …