Delaware Lawyer, Summer 2003
14 Pages Posted: 29 Aug 2008
Date Written: June 1, 2003
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: 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