NO LEGITIMACY FOR
WARS OF RETALIATION AGAINST THE TERRORIST ATTACK
by Hisatake Kato
In terms of
international law, there is no legitimacy for wars of retaliation against the
recent terrorist attacks.
1. A conflict
becomes recognized as a "war" from the perspective of international
law not simply when military actions are taken, but when a sovereign state or a
guerrilla group expresses its intention to wage a war. Therefore, the recent
terrorist attacks would be recognized as crimes, not as a war. Thus, the recent
incidents should be treated as crimes. (source:TREATY FOR THE RENUNCIATION OF
WAR AS AN INSTRUMENT OF NATIONAL POLICY 1929)
2. International law makes it clear that
efforts for peaceful resolution should be made first to deal with any disputes.
Since President Bush has not demonstrated efforts to resolve any possibility of
future occurrences of the terrorist attacks in peaceful way, new military actions
are not legitimate.(source:CHARTER OF THE UNITED NATIONS Art.2(3),Art.33)
3. International
law does not recognize the legitimacy of wars of retaliation. Therefore, even
if the terrorist attack this time signifies a beginning of a war, retaliation
cannot be allowed unless the terrorists continue their attacks.(source:CHARTER
OF THE UNITED NATIONS Art.51)
4. In order for a
war of retaliation against the recent terrorist attacks to be recognized as
legitimately exercising the right of self-defense, it must be waged against
existing and obvious illegal actions. Preventive self-defense is not accepted
by either international law or domestic law. Therefore, a war of retaliation
against the terrorist attacks is not accepted as a legitimate act of self-defense.(source:CHARTER
OF THE UNITED NATIONS Art.51)
5. The de fact
principles of international law imply that there is no obligation for one state
to hand over criminals to another state unless an agreement to do so has been
concluded between the two states. President Bush's argument that military force
will be used if the criminals are not handed over is itself in violation of international
law.(source:CHARTER OF THE UNITED NATIONS Art.2(4))
For the reasons
stated above, I conclude that a war of retaliation against the terrorist
attacks is not legitimate under international law.
September 19, 2001
Hisatake Kato,
President of Tottori University of Environmental Studies
(translated by Junko Edahiro)
(Please feel free
to reproduce, reprint or forward the statement in any form.)