Use of Force

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Are the US Attacks in Pakistan an Armed Attack on Pakistan? A Rejoinder

I agree entirely with the first point that Professor Paust makes in his previous post , about the impossibility of imputing the non-state actor attacks to Pakistan due to incapacity. Certainly imputation doesn't make sense on these facts as he outlines them. However, the second point he makes goes to the heart of my question. Professor Paust asks, rhetorically, how attacking Al Qaeda in Yemen could be an attack on Yemen as such. But saying that selective targetings of non-state actors on the territory of another state is not an attack on that state 'as such' makes those last two words do an awful lot of work, work not everyone thinks they can do.

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Are US Attacks in Pakistan an Armed Attack on Pakistan? A Response to Timothy Waters

In a response to my previous post, Professor Timothy Waters, asks why it is that US attacks on non-State actors in Pakistan would not be acts of war against Pakistan. In this post, I attempt to answer that question. First, we can't impute al Qaeda or Taliban attacks on our soldiers, which are continuous and well-known, to…

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The United States’ Use of Drones in Pakistan

Editors Note: We feature below a discussion between a group of leading United States academics on the US's targeting of Taliban and Al Qaeda targets  in Pakistan. Each of the discussants is a  leading writer on international law, and on the use of force in particular.  We are delighted to post this discussion on EJIL:Talk! As usual, readers are invited to post…

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Discussion on Use of Force Postponed

We have decided to postpone the discussion of the articles in the EJIL Anniversary Symposium on Use of Force which I announced last week. Fear not, the discussion will take place! We now plan to hold the discussion later this year, when Issue 4 of this year’s EJIL is published. As announced on…

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EJIL:Talk! Discussion on the Use of Force

Over the next couple of weeks, we will be hosting a discussion of articles in the latest issue of the European Journal of International Law. As readers will know, this year marks the 20th Anniversary of EJIL and each issue of the journal includes a symposium on selected areas of international law. In the latest issue (issue…

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