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Old Laws, New Wars: Jus ad Bellum in an Age of Terrorism

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image of Max Planck Yearbook of United Nations Law Online

This article reviews three significant United States actions responding or related to the terrorist attack of 9/11: Operation Enduring Freedom, Operation Iraqi Freedom, and the publication of the 2002 National Security Strategy. With respect to the underlying law, the focus will be on three major concepts: anticipatory self-defense, belligerent reprisal, and state responsibility. The article concludes by proffering a factor-based model to measure degrees of legitimacy in post-9/11 uses of military force.


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