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The International Law of Force and the Fight against Terrorism

Delaware Lawyer, Summer 2003

14 Pages Posted: 29 Aug 2008  

J. Patrick Kelly

Widener University Delaware Law School

Date Written: June 1, 2003

Abstract

This Article critically analyzes the principal legal arguments made to justify the use of force by the United States in Iraq and Afghanistan. The author argues that the revisions in the law of state responsibility as well as UN Security Council acceptance support the use of force in Afghanistan, but the use of force in Iraq was neither justified by existing doctrines of self-defense nor authorized or accepted by the UN Security Council.

Keywords: use of force, national security, preemptive self-defense, anticipatory self-defense, Article 2(4)

JEL Classification: K33

Suggested Citation

Kelly, J. Patrick, The International Law of Force and the Fight against Terrorism (June 1, 2003). Delaware Lawyer, Summer 2003. Available at SSRN: https://ssrn.com/abstract=1259950

J. Patrick Kelly (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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