“To Prevent and Deter” International Terrorism. The U.S. Response to the Kenya and Tanzania Embassy Bombings. Letter from President Clinton to the Congressional Leadership.
United Nations Charter (cont.)
Article 51 states: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.”
A More Permissive Regime?
Abe Sofaer has argued that “self-defense allows
a proportionate response to every use
of force, and that allowing terrorist groups to
use sovereign territory renders that state
complicit and subject to attack. In addition,
defensive measures may be taken to preempt
attacks, where essential to deterrence.”