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Development for Extraterritorial operation - "Military" section
[edit]While extraterritorial law enforcement activity is highly restricted and subject to the approval of the 'host' state, military operations ; as Stigall points out, the criteria for a 'just' war (jus ad bellum) , so the laws of armed conflict "presuppose[s] extraterritoriality".[1] So "[i]f the circumstances exist for the lawful use of force under jus ad bellum, then so long as a state abides by the rules articulated in jus in bello [the law of war], that state’s extraterritorial actions are considered lawful."[1]
[2] - p.39 for "Self-Defense Against Non-State Actors" and pp.39-40 for "OPERATION ENDURING FREEDOM (OEF)" [3]
- ^ a b Stigall 2013, p. 31.
- ^ DiMeglio, Richard P.; Condron, Sean M.; Bishop, Owen B.; Musselman, Gregory S.; Lindquist, Todd L.; Gillman, Andrew D.; Johnson, William J.; Stigall, Daniel E. (2012). Law of Armed Conflict Deskbook (PDF). Charlottesville, VA: International and Operational Law Department, The Judge Advocate General's Legal Center and School, U.S. Army.
- ^ YORAM DINSTEIN, WAR, AGGRESSION AND SELF-DEFENCE 244-46 (4th ed. 2005); Ashley Deeks, ‘Unwilling or Unable’: Toward an Normative Framework for Extra-Territorial Self Defense, 52 VA. J. INT’L L. 483 (2012).