The Lawfulness of Operation Enduring Freedoms Self-Defense Respo
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The Lawfulness of Operation Enduring Freedoms Self-Defense Respo
ValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense RespoOperation Enduring Freedom and the War on TerrorismThe Lawfulness of Operation Enduring Freedom's Self-Defense ResponsesGeorge K. WalkerFollow this and additional works at: https://scholar.valpo.edu/vulrRecommended CitationGeorge K Walker, The Lawfulness of Operation Enduring Freedom's Self-Defense The Lawfulness of Operation Enduring Freedoms Self-Defense RespoResponses. 37 Vai. u. L. Rev. 489 (2003).Available at: https://scholar.valpo.edU/vulr/vol37/iss2/1This Symposium IS brought to you for free and open aThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
ccess by the Valparaiso University Lav/ School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Lav/ Review by an authorizValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respoer: The Lawfulness of Operation Enduring Freedom's Self-De.ArticlesTHE LAWFULNESS OF OPERATION ENDURING FREEDOM SSELF DEFENSE RESPONSESGeorge K. Walker*The September 11, 2001, terrorist attacks were the first significant assaults against the territory of the United States since the War of 1812 or th The Lawfulness of Operation Enduring Freedoms Self-Defense Respoe Mexican War. The U.S.-led alliance and coalition responses to them, referred to as Enduring Freedom, were lawful under international law.I. IntroducThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
tionAt 8:48 a.m., September 11, 2001, a hijacked American Airlines Boeing 767 with ninety-two persons aboard, Los Angeles-bound from Boston, slammed iValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respopeople aboard, also a Boston-Los Angeles flight, hit the Center's south tower. At 9:40 a.m., a hijacked American 757 with sixty-four people aboard, bound from Washington's Dulles International Airport to Los Angeles, cartwheeled into the Pentagon in Arlington, Virginia. At 10:10, a hijacked United 7 The Lawfulness of Operation Enduring Freedoms Self-Defense Respo57 with forty-five people aboard on a Newark, New' Jersey-San Francisco flight crashed near Shanksville, Pennsylvania, reportedly after passengers strThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
uggledProfessor of Law, Wake Forest University School of Law. B.A. 1959, University of Alabama; LL.B. 1966, Vanderbilt University; A.M. 1968, Duke UniValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Resporence Librarian and Howard K. Sinclair, former Center Reference Librarian, who obtained sources and gave other research help. I disclose any possible bias in writing this article. A Naval Reserve colleague, Rear Admiral (retired) Bud Flagg, died aboard American Airlines Flight 77 when the hijacked p The Lawfulness of Operation Enduring Freedoms Self-Defense Respolane crashed into the Pentagon September 11, 2001. He and Mrs. Flagg, Flight 77 passengers, were among the 184 killed there. Other friends who lived aThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
nd worked in New York and the Pentagon were later reported safe, although alumni of institutions where I studied or worked died or were injured. A WakValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respos are my responsibility. A School of Law grant supported research, (c) George K. Walker.489Valparaiso University Law Review. Vol. S'. No. 2 Ị2003]. A....490 VALPARAISO UNIVERSITY LAW REVIEW [Vol. 37with hijackers to gain control of the 757. This 757 was reportedly headed for the U.S. Capitol, the Wh The Lawfulness of Operation Enduring Freedoms Self-Defense Respoite House, or Camp David.1The south tower collapsed at about 10:00 a.m., killing survivors of the initial attack and about 420 emergency service workeThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
rs who rushed into the building. The north tower collapsed at about 10:30 a.m. At 5:20 p.m., Center Building Number 7, a forty-seven-story structure, ValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respoer 24,000 people in the Pentagon, the largest office building in the world and the seat of the U.S. Department of Defense. First casualty estimates ranged up to 6500 people of thirty-nine nationalities; later counts reduced this to about 2800 for New York, 184 at the Pentagon including many in the U The Lawfulness of Operation Enduring Freedoms Self-Defense Respo.S. military, and 45 in Pennsylvania. While some office workers died in the collapse along with rescue personnel who entered or reentered the towers tThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
o try to save them, others jumped to their deaths. An enormous dust and smoke cloud enveloped lower Manhattan; many who worked on the island were alreValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respo dead. Many fled up Manhattan streets and avenues and over the Brooklyn Bridge. Although fires at the Pentagon and in Pennsylvania were soon put out, the Center site, soon named Ground Zero, burned for weeks; air travelers to New York could see a dust and smoke plume from miles away.At 9:50 a.m. on The Lawfulness of Operation Enduring Freedoms Self-Defense RespoSeptember 11, a caller using White House code words had telephoned to threaten that "Air Force One [,the U.S. President's plane,] is next."2 PresidentThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
George Bush, in Sarasota, Florida,’ This account is an amalgam of printed media sources, e.g., 47-48 Keesing'S Record of World Events (2001-02) (hereValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respoadcasts; and personal recollections. Books on 9-11, beginning with photographic narratives of the horror in New York City and at the Pentagon, have begun to appear. Bob Woodward, Bush at War (2002), chronicles the first 100 days of the US. government's reactions and actions. Stephen Biddle, Afghanis The Lawfulness of Operation Enduring Freedoms Self-Defense Respotan and the Future of Warfare, 82 Foreign Aff. 31 (2003), is an account of air and ground operations in and against Afghanistan in response to 9-11 thThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
rough March 2002, approximately the end date for this analysis. With few exceptions, there are no specific note references to facts; I do, however, reValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Responia crashes. A passing motorist reported seeing the 757 cartwheel into the Pentagon, which may have reduced casualties in and damage to the building.2R. w. Apple, Jr., After The Attacks: The Trip Back; Aides Say Bush Was One Target Of Hijacked Jet, N.Y. Times, Sept. 13, 2001, at Al. But see Elisabet The Lawfulness of Operation Enduring Freedoms Self-Defense Respoh Bumiller, A NationWalker: The Lawfulness of Operation Enduring Freedom's Self-De.2003]Operation Enduring Freedom491was advised of the attacks whileThe Lawfulness of Operation Enduring Freedoms Self-Defense Respo
attending an elementary school class in connection with promoting education. The U.S. Secret Service moved him from Florida to secure Louisiana and NeValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on O The Lawfulness of Operation Enduring Freedoms Self-Defense Respoess, went to underground bunkers. Contingency plans in place since the Eisenhower Administration for continuing government went into effect.* 3 For some time after September 11, the Secret Service kept the Vice President away from the President to protect the presidential succession.4 The Lawfulness of Operation Enduring Freedoms Self-Defense RespoValpoScholarValparaiso University Law ReviewVolume 37Number 2 Symposium on Operation Enduring Freedom and the War on Terrorismpp.489-540Symposium on OGọi ngay
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