International Law, the United States, and the Non-military 'War ...

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International Law, the United States, and the Non-military 'War ...

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• Arts

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• Publié par: ycyzadom
• Nombre de lectures: 48
• Langue: English

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 EJIL 2003

............................................................................................. International Law, the United States, and the Non-military ‘War’ against Terrorism

Sean D. Murphy*

Abstract Considerable attention is focused on the use of military force as a means of combating terrorism, whether it be in Afghanistan, Iraq or elsewhere However, the more dominant means for combating terrorism worldwide lies in non-forcible measures undertaken by states. In this realm, states that might otherwise be inclined to pursue unilateral action, such as the United States, are forced to pursue cooperative strategies that rely considerably on international law and international institutions. This essay briefly assesses various non-military initiatives undertaken by the United States — including criminal litigation and the imposition of economic sanctions on states and terrorist groups — so as to consider the broader question of whether, and if so how, international law and institutions are conditioning the behaviour of the United States. It demonstrates that, for various issues, US policy-makers and courts use international law and institutions as a means of advancing US interests, and suggests that in doing so US behaviour is affected by the expectations of the global community as embodied in international legal norms. Since the terrorist attacks of September 11, 2001, the United States has embarked on an aggressive campaign to punish those responsible for the attacks and to deter future terrorist activities. In the minds of many, this ‘war on terrorism’ principally features two phenomena: (1) the use of military force as the means for striking at terrorists; and (2) unilateral action by the United States. In fact, the US campaign against terrorism, which predates September 2001, is quite multifaceted in its reliance on different kinds of non-military sanction regimes, law enforcement techniques, civil and criminal litigation, and covert measures. Moreover, while the United States is capable of advancing some of its interests through either unilateral action or through aggressive, even coercive, diplomacy, the United States remains reliant on other countries in waging its ‘war on terrorism’, such that international law and institutions play a visible role in shaping, if not constraining, US action. Through reference to various examples, this essay seeks to illuminate some of the relationships

* Associate Professor, George Washington University Law School. ............................................................................................................................... ............................... EJIL (2003), Vol. 14 No. 2, 347–364