Challenging and Refining the “Unwilling or Unable” Doctrine
Author: Craig Martin PDF: Challenging and Refining the “Unwilling or Unable” Doctrine Abstract This Article challenges and proposes refinements to the “unwilling or unable” doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more de