[20010913]RS21009_应对恐怖主义：使用武力的法律问题.pdf

1 Hyde, Charles Cheney, International Law Chiefly as Interpreted and Applied by the UnitedStates, Vol. 3 (1945), at 1686.2 Id. n. 1. Grotius was one of the original theorists of international law.3 P.L. 88-408 (August 10, 1964).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21009September 13, 2001Response to Terrorism: Legal Aspects of theUse of Military Forcename redactedLegislative AttorneyAmerican Law DivisionSummaryThe terrorist attack of September 11, 2001, has precipitated widespread calls forthe use of military force in response. Under U.S. and international law a variety of legalconsiderations attach to such use. This report briefly summarizes several salient aspects.Legal considerations concerning the use of force under U.S. and international lawinclude the following:(1) Acts of war. War has been defined as “a condition of armed hostility betweenStates”1 or, in Grotius terms, as the “state or condition of governments contending byforce.”2 An act of war, thus, involves the threat or use of force of some kind by one stateagainst another. But whether a particular threat or use of force constitutes an act o