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47 Ateneo L.J. 499 (2002-2003)
Testing the Legality of the Attack on Afghanistan

handle is hein.journals/ateno47 and id is 498 raw text is: Testing the Legality of the Attack on. Afghanistan Michelle Ann U. Juan L INTRODUCTION........ ............................... Qo A. America Under Attack B. The U.S. Strikes Back C. U.S. Justification for the Attacks II. TERRORISM I ............ ..................................506 A. Definition B. Terrorism Distinguished from Common Domestic Crime C. Terrorism Distinguished from Wartime Violence D. The Legal Characterization of Terrorism 111. THE AVAILABILITY OF FORCIBLE MEASURES TO COMBAT TERRORISM . .............................. 518 A. The Legal Regime Governing the Use of Force IV. THE STRIKES ON ArGHANISTAN VIOLATED INTERNATIONAL LAW. - 533 A. Self-Defense was not Engaged B. The Attacks Constitute an Unlawful Act of Intervention V. ANALYSIS /CONCLUSION . ............................. 541 ABSTRACT The United Nations (U.N.) was established primarily to ensure the maintenance of world peace and security and save future generations from the scourge of war. To this end, with respect to the entitlement of states to use force, the matter was meant to be resolved by the combined application of Articles 2(4) and 51 of the U.N. Charter. Consequently, the Charter effectively removes from the states the power to unilaterally determine if and when the use offorce is justified, by limiting the right to use force in self-defense to instances when an armed attack occurs. * A.B. '98; J.D. '02, with honors, and St, Thomas More Awardee, Ateneo de Manila University School of Law. This note received a Special Citation for the Deans Award for Best Thesis of Class 2ooz, Ateneo Law School. The author extends her heartfelt thanks to Dean Jose M. Roy III (thesis adviser), Arty. Antonio M. Elicaflo, Ms. Connie G. Chu, & Francis D. Alvarez, 5.J., as well as to all her contemporaries at the Ateneo Law Journal & the Areneo Jessup Team. She was Asst. Managing Editor of Volume 45 and Editor-In-Chief of Volume 46, Ateneo LawJoumal. Cite as 47 ATENno L.J. 499 (2002). Digitized from Best Copy Available

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