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The U.s. Military Response

Decent Essays

The U.S. military response to the terrorist attacks on September 11, 2001 signifies the most extensive use of force by any state since the Persian Gulf War more than two decades ago. Following these operations, many commentators have suggested that there has been a notable transformation in international law regarding state responsibility for terrorist acts. This essay aims to argue that such change has been significant and it has satisfactorily countenanced states’ response to terrorism by presenting evidence of new state practice plus opinio juris in this area. To do so, this essay will first discuss the controversial concept of terrorism and its relevance to the legal framework for the use of armed force in international law. From here, it will move to explicate the principles of and grounds for state responsibility as well as to debate that the act of providing a safe haven for terrorist non-state actors should be considered as a revolutionary factor to the concept of attribution. Lastly, this essay will examine the recent changes occurred in customary law on state responsibility in the light of the application and interpretation of Article 51 of the United Nations Charter after the events of September 11. All these aspects will demonstrate that not only has the law on state responsibility had noticeably developed and consequently provided states with adequate legality to react to the challenges posed by contemporary terrorism, but it has also begun to inaugurate binding

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