THE LEGALITY OF THE USE OF FORCE BY THE UNITED STATES AND THE UNITED KINGDOM AGAINST AFGHANISTAN

THE LEGALITY OF THE USE OF FORCE BY THE UNITED STATES AND THE UNITED KINGDOM AGAINST AFGHANISTAN A. Introduction "Since the destruction of the Twin Towers in Manhattan, very little reference has been made in the Western media, either in Europe or America, to the law, other than to criticize its lacunae and deficiencies: Despite its pitfalls, much due to the political (un)will of the States, international public law does regulate the conduct of States and other types of bodies in the international arena and therefore pro- vides for a legal framework for the analysis of the events of 11 September. A convenient starting point for tackling the issues at stake is to decide whether we act in under a "law and order" framework, according to which we arrest Osama bin Laden and his aides, try them, and if there is no "reasonable doubt," convict them [...] [or under] [...] the framework of "international armed conflicf '.1 2 Undeniably, since the leading culprit in the commission of the acts is a non-State actor, American law enforcement agencies are endowed with the right to appre- hend and prosecute the terrorist. Unfortunately, given the fact that the US havereplied by using military force, it is evident that the second variant applies and hence applicable rules that were sparked http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

THE LEGALITY OF THE USE OF FORCE BY THE UNITED STATES AND THE UNITED KINGDOM AGAINST AFGHANISTAN

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Publisher
Brill
Copyright
Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-1306
eISSN
1573-6512
D.O.I.
10.1163/157365101X00065
Publisher site
See Article on Publisher Site

Abstract

A. Introduction "Since the destruction of the Twin Towers in Manhattan, very little reference has been made in the Western media, either in Europe or America, to the law, other than to criticize its lacunae and deficiencies: Despite its pitfalls, much due to the political (un)will of the States, international public law does regulate the conduct of States and other types of bodies in the international arena and therefore pro- vides for a legal framework for the analysis of the events of 11 September. A convenient starting point for tackling the issues at stake is to decide whether we act in under a "law and order" framework, according to which we arrest Osama bin Laden and his aides, try them, and if there is no "reasonable doubt," convict them [...] [or under] [...] the framework of "international armed conflicf '.1 2 Undeniably, since the leading culprit in the commission of the acts is a non-State actor, American law enforcement agencies are endowed with the right to appre- hend and prosecute the terrorist. Unfortunately, given the fact that the US havereplied by using military force, it is evident that the second variant applies and hence applicable rules that were sparked

Journal

Austrian Review of International and European Law OnlineBrill

Published: Jan 1, 2001

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