SELF DOCTRINE AND INTERNATIONAL LAW

Self Doctrine and International Law



Self Doctrine and International Law

Part I: Research Diary

11 September-Four commercial United States jetliners on domestic routes are hijacked. The hijackers issue no demands to authorities. Two of the jets are flown into the twin towers of the World Trade Centre in New York, one into the Pentagon in Washington DC and another crashes in rural Pennsylvania. Around 3 000 people are killed. No organisation claims responsibility for the hijackings. Representatives of the Taliban government of Afghanistan immediately condemn the attacks. Later, Osama bin Laden also denies involvement.

12 September-The United Nations General Assembly and Security Council pass resolutions condemning the events of 11 September as acts of terrorism. The resolutions call for the 'perpetrators, organizers and sponsors' to be '[brought] to justice' and states that those responsible for 'aiding, supporting or harbouring' such persons 'will be held accountable'.

14 September-the United States Congress authorises the use of military force against those involved in the attacks, including those who 'harboured' such persons or organisations 'so as to prevent any future acts of international terrorism'. Also on 14 September, the Australian Government announces the activation of the ANZUS treaty.

17 September-Both Houses of the Australian Commonwealth Parliament pass a resolution which, amongst other things, states that Parliament 'fully endorses the commitment of the Australian Government to support within Australia's capabilities United States-led action against those responsible for these tragic attacks'.

20 September-In an address to a Joint session of Congress, United States' President George Bush states that 'the evidence we have gathered all points to a collection of loosely affiliated terrorist organizations known as Al Qaeda...they are the same murderers indicted for bombing American embassies in Tanzania and Kenya, and responsible for bombing the USS Cole'. Osama bin Laden is named as the leader of Al Qaeda. President Bush demands that the Taliban must 'deliver to the United States authorities all the leaders of Al Qaeda who hide in your land...immediately and permanently close every terrorist training camp in Afghanistan, and hand over every terrorist, and every person in their support structure, to appropriate authorities'. Failure to immediately hand over the 'terrorists' would result in the Taliban 'sharing their fate'. According to President Bush, the 'war on terror begins with Al Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped and defeated.'

21 September-The Taliban refuse to comply with the United States demands unless evidence is produced. The United States rejects the Taliban's position, stating that bin Laden has already been indicted in the United States for the bombings of United States embassies in Kenya and Tanzania in 1998.

6 October-The Taliban offers to detain bin Laden and try him under Islamic law in Afghanistan if the United States makes a formal request and presents them with sufficient evidence. This proposal is rejected by the United States who insist on the fulfilment of their 20 September demands.

7 October- Airstrikes by United States and British planes commence against ...