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10 Hous. J. Int'l L. 25 (1987-1988)
Terrorism and the Inherent Right of Self-Defense (A Call to Amend Article 51 of the United Nations Charter)

handle is hein.journals/hujil10 and id is 31 raw text is: TERRORISM AND THE INHERENT RIGHT OF SELF-DEFENSE (A CALL TO AMEND ARTICLE 51 OF THE UNITED NATIONS CHARTER) Mark B. Baker* PREFACE Some forty years ago, in a war ravaged world, a group of nations gathered together to discuss the uncertain future of our planet. In so doing they began the process which was to lead to the formation of the United Nations. Among the formidable tasks facing the group of nations was that of drafting an operative document stating the purposes of the organization, its structure and the basic rights and responsibilities of member states. Like all legislation, the resulting United Nations Charter was a product of its time and reflected the cumulative experience of its drafters. Unfor- tunately, the framers did not fully anticipate the existence, tenacity and technology of modem day terrorism. As a result, self-defense as defined in article 51 of the Charter has become substantially ineffective as a method of recourse against such violence. This article will explore the history of self-defense as it relates to article 51 and analyze its use in light of modem day terrorism. I. INTRODUCTION Terrorist acts are becoming an almost everyday occurrence. As a result, people have become desensitized to many acts which were once thought abhorrent, causing even the hijacking of a commercial aircraft or the bombing of a public place to fight for media attention unless accom- panied by loss of life. Yet even the smallest act of terrorism is abomina- ble. The arbitrariness of the terrorists targets and the ruthlessness of their methods make these attacks a shockingly evil phenomenon. Burton M. Leiser, in his essay Enemies of Mankind, describes terrorism as: designed to create an atmosphere of despair or fear, and shake the faith of citizens in their government. Terrorists carry out * Associate Professor, International Business Law; University of Texas at Austin, BBA 1968, Miami; J.D. 1974 Southern Methodist University.

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