Abstract
The 11 September terrorist attacks on the US marked the beginning of the 'first war of the 21st Century', according to President George W. Bush. On 14 September, following the US Senate vote authorising use of all necessary force against those involved, he said 'war has been declared'. Bush later defined the targets of action as terrorist groups 'of global reach' and 'every government that supports them'. These speeches and legislative actions, together with major military deployments, move the matter beyond the use of rhetoric in response to stunning terror attack. The formal and legal definitions of the retaliatory actions now being contemplated by the US and others need to be examined. Although the language of war is being used, there is little certainty about its legal implications. One important issue concerns the distinction between combatants and terrorists. It would be a serious setback in the development of the law of armed conflict if this distinction were lost.
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