STATE SELF-HELP AND PROBLEMS OF PUBLIC INTERNATIONAL LAW (FROM LEGAL ASPECTS OF INTERNATIONAL TERRORISM, 1978, BY ALONA E EVANS AND JOHN F MURPHY - SEE NCJ-51633)

• NCJ Number: 51645
• Author(s): J F MURPHY
• Date Published: 1978
• Length: 21 pages
• Corporate Author: Lexington Books; American Soc of International Law
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ISSUES CONCERNING THE USE OF FORCE OR NONMILITARY MEASURES BY INDIVIDUAL STATES AGAINST STATES THAT AID INTERNATIONAL TERRORISTS OR FAIL TO COOPERATE IN DETERRENCE AND PREVENTION OF TERRORISM ARE DISCUSSED.

Abstract

SPECIFIC FORMS OF STATE SELF-HELP INCLUDE THE USE OF ARMED FORCE, ECONOMIC SANCTIONS, INTERNATIONAL CLAIMS, DIPLOMATIC PROTESTS, AND QUIET DIPLOMACY. THE UNITED NATIONS CHARTER AND MODERN DOCTRINES OF PUBLIC INTERNATIONAL LAW HAVE RULED OUT THE USE OF FORCE EXCEPT IN HIGHLY UNUSUAL SITUATIONS WHERE IT CAN BE JUSTIFIED AS SELF-DEFENSE. THE ISRAELI RAID AT ENTEBBE, UGANDA, WAS SUCH A SITUATION; THE CIRCUMSTANCES SURROUNDING THAT INCIDENT WERE EXCEPTIONAL AND CAN NOT BE USED AS A PRECEDENT. ECONOMIC SANCTIONS, THE BRINGING OF INTERNATIONAL CLAIMS, DIPLOMATIC PROTESTS, AND QUIET DIPLOMACY ARE ALL PERMISSIBLE UNDER INTERNATIONAL LAW. HOWEVER, THE USE OF COERCIVE MEASURES OF SELF-HELP, SUCH AS ECONOMIC SANCTIONS, MAY HAVE SERIOUS RAMIFICATIONS FOR RELATIONS BETWEEN THE INDUSTRIALIZED NATIONS AND THE REST OF THE WORLD, AND BEFORE ANY DECISION TO USE THEM IS MADE, THE COSTS AND BENEFITS OF A PARTICULAR ACTION SHOULD BE WEIGHED. FURTHER, IT IS RECOMMENDED THAT WITH THE EXCEPTION OF DIPLOMATIC PROTESTS, THE U.S. SHOULD REFRAIN FROM USING THE MORE COERCIVE MEASURES OF SELF-HELP. THE CREATIVE USE OF QUIET DIPLOMACY IS LIKELY TO MOST EFFECTIVELY INDUCE RECALCITRANT STATES TO JOIN COOPERATIVE EFFORTS TO PREVENT AND SUPPRESS INTERNATIONAL TERRORISM. THE EXTENSIVE REFERENCES ARE FOOTNOTED. (KBL)