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34 JAG J. 1 (1985)
Legal Analysis of U.S. Military Responses to State-Sponsored International Terrorism

handle is hein.journals/naval34 and id is 5 raw text is: Vol. 34
LEGAL ANALYSIS OF U.S. MILITARY RESPONSES
TO STATE-SPONSORED INTERNATIONAL
TERRORISM
Lieutenant Commander Michael Franklin Lohr, JAGC,
USN1
In this article, Lieutenant Commander Lohr examines state-sponsored
terrorism and state responsibility in the context of international terrorist
acts. He discusses the use of military force as an effective deterrent, while
highlighting the many considerations that decisionmakers must address in
formulating any Qiable response within the parameters of international
law.
I. INTRODUCTION
In the past fifteen years, terrorism has become a frightening challenge
to the free world. During the past decade alone there have been almost 6,500
terrorist incidents. Over 3,500 people have been killed and more than 7,600
injured. American citizens have been the victims in more than 2,500 of these
incidents and, while the majority involved members of the U.S. Armed Forces
and diplomatic corps, forty percent involved other American citizens.'
No continent, no hemisphere, no region, and very few countries have been
immune from the plague of terror-violence. Whether state-sponsored, govern-
ment-initiated, group organized, or individually perpetrated, the flexibility of
the terrorist is evident everywhere.2 Moreover, terrorist targets are as infinitely
diverse as the limitless numbers of terrorist groups.
Government initiated or regime sponsored terror-violence has all too quickly
become commonplace in the contemporary world as a growing number of
governments are themselves using terrorist tactics, employing terrorist groups,
or exploiting terrorist incidents as a mode of surrogate warfare. Recent
examples include the murder of four South Korean cabinet officers by North
Korean terrorists in Burma, the killing of a London police officer by personnel
from inside the Libyan Embassy and the bombing of the American Embassies
in Lebanon and Kuwait. These governments see in terrorism a useful
*Lieutenant Commander Lohr is currently assigned to the International Law Division, Of/we of the
Judge Advocate General. He received a J.D. degree from the University of Maryland in 1977 and a
LLM. degree from George Washington University in 1984.
1. 130 CONG. REC. S5244 (daily ed. May 2, 1984) (President's message to Congress).
2. R. FREIDLANDER, TERRORISM: DOCUMENTS OF INTERNATIONAL AND LEGAL CONTROL, VOL.
III, vi& (1981).