Matthew Scott King, The Legality of the United States War on Terror: Is Article 51 a Legitimate Vehicle for the War in Afghanistan or Just a Blanket to Cover-Up International War Crimes? 9 ILSA J Int'l & Comp L 457

Christopher Greenwood, International Law and the Pre-emptive Use of Force, 4 San Diego Int'l L.J. 7

Judith Miller, Terrorism: The Legal Implications of the Response to September 11, 2001, 35 Cornell Int'l L.J. 605

Emanuel Gross, The Laws of War Waged between Democratic States and Terrorist Organizations: Real or Illusive? 15 Fla. J. Int'l L. 389

Jordan J. Paust, Terrorism: The Legal Implications of the Response to September 11, 2001, 35 Cornell Int'l L.J. 533

L.C. Green, The Unified Use of Force and Exclusionary Rules: The "Unified Use of Force Rule" and the Law of Armed Conflict, 65 Sask. L. Rev. 427

Michael J. Glennon, Military Action Against Terrorists Under International Law, 25 Harv. J.L. & Pub. Pol'y 539

Antonio F. Perez, The Modern Relevance of Legitimate Authority and Right Intention in the Just War Tradition, 51 Cath. U.L. Rev. 15

Brad R. Roth, Terrorism and the Inherent Right to Self Defense, 10 MSU-DCL J. Int'l

UNSC Resolution 1368 (2001).

Matthew Scott King, The Legality of the United States War on Terror: Is Article 51 a Legitimate Vehicle for the War in Afghanistan or Just a Blanket to Cover-Up International War Crimes? 9 ILSA J Int'l & Comp L 457 (11 pages)

Jordan J. Paust, Terrorism: The Legal Implications of the Response to September 11, 2001, 35 Cornell Int'l L.J. 533 (14 pages)

1) What is the driving source of legitimacy of the use of force against the Taliban? UNSC Resolution 1386? Article 5, of the NATO treaty? The inherent right of self-defense?

2) What, if any, is the legal relevance of the humanitarian dimension of bringing down the Taliban regime? Is the use of force being justified on humanitarian grounds? Do classical theories still lead the legal discourse?

3) After 9/11, does the new threat of terrorism make the concept of State responsibility obsolete? Are the Nicaragua standards really relevant? At first no one recognized the Taliban as the Government of Afghanistan; later, everyone attributed to the Taliban the State responsibility of allowing Al Qaida to operate from its territory.

4) What is the real issue here (e.g., the initial authorization for the recourse to force, the proportionality of the military response, etc…)?