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35 Cornell Int'l L.J. 533 (2001-2002)
Use of Armed Force against Terrorists in Afghanistan, Iraq, and beyond

handle is hein.journals/cintl35 and id is 543 raw text is: Use of Armed Force against Terrorists in Afghanistan, Iraq, and Beyond Jordan J. Paustt Introduction ..................................................... 533 I. Self-Defense against Non-State Terrorist Attacks ........... 533 II. Self-Defense against State Participants in Armed Attacks.. 540 III. Security Council Authorizations .......................... 544 IV. Future NATO Regional Peace and Security Action ......... 545 V. Self Determination Assistance ............................ 547 VI. Constitutional Issues and War with Iraq .................. 548 C onclusion ...................................................... 556 Introduction The September 11 th attacks on the United States by non-state actors, the prospect of an upgraded war with Iraq, and the Bush doctrine claiming the propriety of preemptive attacks on terrorists and states that harbor or support them, as well as on states that might someday use weapons of mass destruction against the United States and its nationals or against U.S. allies each raise questions concerning the permissibility of the use of armed force against terrorists and others in Afghanistan, Iraq and beyond. Are any such uses of armed force permissible under international law? Does the President have authority under the United States Constitution to engage in any uses of armed force against non-state terrorists and states that are permissible under international law? Must the President have the support of Congress to upgrade the war with Iraq or to engage in preemp- tive strikes against other states? These and related issues form the primary focus of this Article. I. Self-Defense against Non-State Terrorist Attacks The use of military force by the United States in Afghanistan on October 7, 2001 against Mr. bin Laden and members of his al Qaeda network was permissible under both international and U.S. constitutional law. Bin Laden and several of his followers were non-state actors who ordered, per- petrated, or were complicit in continuous terroristic attacks on the United States, including the September 11th attacks on U.S. soil and previous armed attacks against the U.S.S. Cole, U.S. embassies in Kenya and Tanzania, and other U.S. military and nationals abroad. Such ongoing T Law Foundation Professor, University of Houston, A.B. (1965), J.D. (1968), UCLA; LL.M. (1972), University of Virginia; J.S.D. Candidate, Yale University; Faculty, U.S. Army TJAG School (1969-1973). 35 CORNELL INT'L LJ. 533 (2002)

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