The Use of Force Against Terrorists and Rogue State Collaborators
Remarks on Customary International Law
Remarks on Customary International Law
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Vincent J. Vitkowsky's 2007 ILSA Journal of International and Comparative Law paper addressing the use of force against terrorists under customary international law offers an analytical framework that remains timely and relevant to the international response to the ISIS attacks on Paris:
State practice and patterns of cooperation over the last forty-five years have led to the development of rules of customary international law governing the use of force, in anticipatory self-defense, against terrorists and rogue state collaborators. Although the earlier general rules may have prohibited states from using force except in anticipation of an imminent attack, in more recent practice, the imminence standard has changed. States have initiated and cooperated in the use of force to extend self-defense to instances in which the possibility of an attack is not imminent, but merely expected.
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Dean Emeritus and Harvey R. Miller Professor of Law & Economics, Columbia Law School
David Schizer served as Dean of Columbia Law School from 2004 to 2014, and as CEO of the American Jewish Joint Distribution Committee, a global Jewish humanitarian organization, from 2017 to 2019. A co-chair of Columbia University's new task force on antisemitism, he also is a co-founder and co-chair of the Center for Israeli Legal Studies at Columbia Law School; co-founder and co-chair of the Richman Center for Law, Business, and Public Policy; and a Charter Trustee of Ramaz. He served as a law clerk to Justice Ruth Bader Ginsburg on the U.S. Supreme Court.
Assistant Director, Practice Groups, The Federalist Society