RE: Assassination is an act of war (nm)

Posted on: January 5, 2020 at 12:52:59 CT

3. Self-Defense in Response to Imminent Armed Attacks
Under the jus ad bellum, a State may use force in the exercise of its inherent right of selfdefense not only in response to armed attacks that have already occurred, but also in response to
imminent attacks before they occur. When considering whether an armed attack is imminent
under the jus ad bellum for purposes of the initial use of force against another State or on its
territory, the United States analyzes a variety of factors.48 These factors include “the nature and
immediacy of the threat; the probability of an attack; whether the anticipated attack is part of a
concerted pattern of continuing armed activity; the likely scale of the attack and the injury, loss,
or damage likely to result therefrom in the absence of mitigating action; and the likelihood that
there will be other opportunities to undertake effective action in self-defense that may be
expected to cause less serious collateral injury, loss, or damage.”49 Moreover, “the absence of
specific evidence of where an attack will take place or of the precise nature of an attack does not
preclude a conclusion that an armed attack is imminent for purposes of the exercise of the right
of self-defense, provided that there is a reasonable and objective basis for concluding that an
armed attack is imminent.”50 Finally, as is now increasingly recognized by the international
community, the traditional conception of what constitutes an “imminent” attack must be
understood in light of the modern-day capabilities, techniques, and technological innovations of
terrorist organizations.