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2003

San Diego International Law Journal

Use of force

Articles 1 - 2 of 2

Full-Text Articles in Law

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.


"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli May 2003

"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli

San Diego International Law Journal

This Comment will show how the Caroline doctrine came to exist, argue that no real doctrine was created as to an imminence requirement, and show that what is known today as the true Caroline doctrine is really obsolete international law and not a current standard by which to judge the legality of a state's use of force in self-defense.