Though I do not dispute that you have a greater knowledge of international
law than I do, of the five points in your argument, three of them are
mistaken. Points two, three, and four are simply incorrect when it comes to
how the United States has acted and is acting. The other two points I
cannot speak to.
As a person of your status and office, I think it would be wize to actually
do some research as to the history of the United States in regard to
terrorism against our citizens both domestically and in foriegn lands before
you make such false statements.
I might remind you that the World Trade Center attacks as well as the
Pentagon attack are not the beginning of a war, it is our nation finally
deciding to do defend ourselves from cowards who have attacked before. I
would think that your nation would benefit from such action as well.
Andy Fisher
>From: HAYASI Kozi <[log in to unmask]>
>Reply-To: Environmental Education Research <[log in to unmask]>
>To: [log in to unmask]
>Subject: fwd: No legitimacy for wars of retaliation against the terrorist
> attack
>Date: Wed, 26 Sep 2001 06:57:15 +0900
>
>Dear all,
>
>Hisatake KATO, The president of Tottori University of Environmental
>Studies, Tottori, Japan, appeals that no legitimacy for wars of retaliation
>against the recent terrorist attacks.
>
>Please feel free to reproduce, reprint or forward the statement in any
>form.
>He is looking forward to hearing comments to the statement.
>
>Thanks.
>
>Kozi
>
>HAYASI Kozi (Mr.)
>Natural History Museum and Institute, CHIBA
>955-2, Aoba, Chuo-ku, CHIBA 260-8682, JAPAN
>ph. +81-(0)43-265-3111 fax (0)43-266-2481
>e-mail: [log in to unmask]
>
>------------------------------------------------------------------
>
>NO LEGITIMACY FOR WARS OF RETALIATION AGAINST THE TERRORIST ATTACK
>
>by Hisatake KATO
>
>In terms of international law, there is no legitimacy for wars of
>retaliation against the recent terrorist attacks.
>
>1. A conflict becomes recognized as a "war" from the perspective of
>international law not simply when military actions are taken, but when a
>sovereign state or a guerrilla group expresses its intention to wage a war.
>Therefore, the recent terrorist attacks would be recognized as crimes, not
>as a war. Thus, the recent incidents should be treated as crimes.
>
>2. International law makes it clear that efforts for peaceful resolution
>should be made first to deal with any disputes. Since President Bush has
>not demonstrated efforts to resolve any possibility of future occurrences
>of the terrorist attacks in peaceful way, new military actions are not
>legitimate.
>
>3. International law does not recognize the legitimacy of wars of
>retaliation. Therefore, even if the terrorist attack this time signifies a
>beginning of a war, retaliation cannot be allowed unless the terrorists
>continue their attacks.
>
>4. In order for a war of retaliation against the recent terrorist attacks
>to be recognized as legitimately exercising the right of self-defense, it
>must be waged against existing and obvious illegal actions. Preventive
>self-defense is not accepted by either international law or domestic law.
>Therefore, a war of retaliation against the terrorist attacks is not
>accepted as a legitimate act of self-defense.
>
>5. The principles of international law state that there is no obligation
>for one state to hand over criminals to another state unless an agreement
>to do so has been concluded between the two states. President Bush's
>argument that military force will be used if the criminals are not handed
>over is itself in violation of international law.
>
>For the reasons stated above, I conclude that a war of retaliation against
>the terrorist attacks is not legitimate under international law.
>
>September 19, 2001
>Hisatake KATO, President of Tottori University of Environmental Studies
>[log in to unmask]
>
>(translated by Junko Edahiro)
>
>(Please feel free to reproduce, reprint or forward the statement in any
>form.)
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