Law Commons^™

Raising The Caroline, Timothy Kearley

Timothy G. Kearley

This article examines the Caroline case, which articulates when one state can lawfully use force in the territory of another state in peacetime against another state that has been unable or unwilling to prevent its territory from being used to harm the state taking action. It analyzes how the doctrine arising from this case has been misconstrued by some to apply to all uses of force in self defense.