Terrorism, War and International Law: The Legality of the Use of Force Against Afghanistan in 2001

Williamson (U. of Waikato, New Zealand) investigates whether the United States and the United Kingdom's use of force against Afghanistan was lawful and sets the question within broader interrelated and historical questions of terrorism, war, and international law. He begins by sketching the changing nature of conflict and threats faced by states, followed by an analysis of historical and contemporary debates over terrorism. He then describes how the legal limitations on the resort to force have evolved from 1944 to the present in order to understand the legal considerations regarding the use of force generally, the use of force specifically in self-defense, pre-emptive self-defense, forcible measures short of war, and the use of force by and in response to non- state actors. Only then does he assess the legality of the attack on Afghanistan, raising serious doubts as to whether there was an "armed attack" that triggered the Article 51 UN Charter right of self-defense; whether the right to respond forcefully had expired by the time the invasion began; whether responsibility for the terrorist attacks was adequately attributed to the targets of the military action; and whether customary law elements of the right of self-defense such as necessity, proportionality, and immediacy were satisfied. Finally, he considers the implications of accepting the use of force against Afghanistan for the future of relations between militarily powerful states and less powerful states. Annotation c2009 Book News, Inc., Portland, OR (booknews.com)

Dr Myra Williamson is a Lecturer of Law at the University of Waikato, New Zealand