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The act of war has been outlawed under international law. Sadly,things are never that simple. War will happen – between states andbetween states and non-states. But does the U.S. have to wait toactually be attacked before in can act? When and how states can act inself-defense is an important and still evolving area of the law. Basedupon the change in the conduct of contemporary conflicts, some expertsand governments contend that the traditional laws of armed conflict areno longer sufficient alone, but must be addressed in conjunction withinternational human rights law. The assigned articles delve into whatconditions must exist for a state to properly exercise its right ofself-defense under international law.

• Don't Stop Now: The Development of the International Law Right to Use Force in Self-Defense (Links to an external site.)Links to an external site.
• Anticipatory Self-Defense Under International Law (Links to an external site.)Links to an external site.

Discuss

Considering the articles, discuss the following:

• If a diplomatic conference were to be organized with the purpose of drafting another Laws of Armed Conflict Convention, what subject matter should it address?
  • Should it clarify or define existing conventions?
  • If so, which ones? If not, why not? (Are they clear enough, would further defining terms provide too many restrictions, etc.)
• If such a convention were to be drafted, would you recommend the United States become a signatory? Why or why not?