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)

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?