THE CONVERGENCE OF MILITARY MIGHT AND INTERNATIONAL LAW ON TERRORISM

Abstract

The International community is yet to have a permanent solution to the devastating threat of terrorism. The international community is still struggling with an accepted international criminal code or an international police mechanism that has the capacity and prowess to efficiently combat these sophisticated, revolutionary and technologically advanced international terrorist groups. What is generally accepted by all and sundry is the fact that international terrorism is a disaster that requires a well-coordinated and collaborative domestic as well as global response. One obvious dilemma faced by the international community is how to deal with the threat of terrorist attacks and still play by the rules in spite of the fact that the terrorist groups themselves do not play by any rules. One obvious response is the use of military force against terrorist threats. This is despite the existence of a body of international law and agencies such as the Charter of the United Nations, United Nations General Assembly, International Court of Justice and the United Nations Security Council that attempt to curtail and modulate the use of armed force by states. This paper seeks to examine the extant international legal framework and its application to the use of military might and coercion against terrorism. This paper will specifically consider the general circumstances, legal restrictions and justifications for the use of military coercion and pressure by states in the fight against terrorist groups, their sponsors and collaborators, including the legal status of such terrorist groups.