International law and the ‘war against terrorism’

This article analyses some of the international legal issues arising out of the events of 11 September 2001. Those who perpetrated the attacks on the World Trade Center and the Pentagon were guilty of serious offences under United States law and possibly also under international law. The fact that their conduct was a crime does not, however, preclude it also being a threat to international peace and an armed attack. The author argues that the United States and its allies were entitled to respond to that attack and the threat of future attacks by using force against Al-Qa'ida and that, in the circumstances, it was also legitimate to take military action against the Taliban regime in Afghanistan which had sheltered Al-Qa'ida and permitted it to conduct operations from Afghan territory. The article also examines the application of the laws of armed conflict to the ensuing fighting and the status and treatment of those captured and held at Guantanamo Bay.