Walking an International Tightrope: Use of Military Force to Counter Terrorism - Willing the End

57 Pages Posted: 10 Aug 2006

Abstract

The UN Charter reflects the drafters' singular focus on creating a political system to govern conflicts between states. It does not directly address the subtler modes in which terrorists began to operate in the post-World War II period. The drafters did not contemplate the existence of international terrorists nor their tenacity and access to technology. In view of the fact that terrorist groups appear to have reached a global sophistication, there is little doubt that international terrorism presents a threat with which traditional theories for the use of military force are inadequate to deal with, and were not contemplated when the UN Charter was drafted. This Article is premised on the theme that the right to self-defence is enrolled in a process of change. The focal point of state practice in the Article is the United States, which has long sought to articulate, through official policy, use of force as a counter-terrorism measure.

Suggested Citation

Maogoto, Jackson Nyamuya, Walking an International Tightrope: Use of Military Force to Counter Terrorism - Willing the End. Brooklyn Journal of International Law, Vol. 31, No. 2, 2006 , Available at SSRN: https://ssrn.com/abstract=900939

Jackson Nyamuya Maogoto (Contact Author)

University of Manchester ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

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