ABSTRACT
This chapter applies the just war principle of Legitimate Authority in order to determine the consistency of US offensive military actions with particular international legal constraints the US itself adheres to. The American case for legitimate authority rests on the presumption that contemporary threats are similar to those traditionally presented by states. The Bush Administration's argument that the right of self-defense in Article 51 supplied relevant authority to use force in response to the 9/11 attacks and to wage offensive warfare against the Taliban and the Al-Qaida leadership in Afghanistan needs to be reexamined in terms of its legal significance. Under international law, the use of force against states is strictly limited. Article 2, Section 4 of the United Nations (UN) Charter is clear in calling on all member states to avoid using military force and is considered an unconditional and authoritative norm in international law.
