International Law And The War On Terror

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The 'War on Terror' and the Framework of International Law

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 542 pages
File Size : 40,5 Mb
Release : 2005-07-28
Category : History
ISBN : 9780521838504

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The 'War on Terror' and the Framework of International Law by Helen Duffy Pdf

The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.

International Law, Security and Ethics

Author : Aidan Hehir,Natasha Kuhrt,Andrew Mumford
Publisher : Routledge
Page : 222 pages
File Size : 40,9 Mb
Release : 2014-02-04
Category : History
ISBN : 9781136719615

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International Law, Security and Ethics by Aidan Hehir,Natasha Kuhrt,Andrew Mumford Pdf

This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.

Ideas in Conflict

Author : Eric Engle
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2013
Category : Conflict management
ISBN : 9490947911

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Ideas in Conflict by Eric Engle Pdf

Ideas in Conflict: International Law and the War on Terror describes the transformation of international law and sovereignty in the post-war world. It imparts the causes and consequences of the rise of non-State actors' importance in international law, with a focus on human rights and terrorism as two examples of this phenomenon. After World War II, international law transformed itself radically: human rights took a central role in the post-war world as the legitimator of States, and as a key objective of the international system as one of the steps to prevent another global war. State sovereignty likewise transformed from an absolute, indivisible, and ultimate power of States into relativized and transferable quanta of State power, which in turn were partially parceled upward to international organizations, downward to sub-State public law actors, and outward to private law actors. Terrorism is one of the latest challenges posed to the international system by non-State actors.

Laws, Outlaws, and Terrorists

Author : Gabriella Blum,Philip B. Heymann
Publisher : MIT Press
Page : 254 pages
File Size : 41,7 Mb
Release : 2010-09-24
Category : Political Science
ISBN : 9780262289092

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Laws, Outlaws, and Terrorists by Gabriella Blum,Philip B. Heymann Pdf

Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.

International Law and the War on Terror

Author : Paul S. Wilson,Naval War College (U.S.)
Publisher : Naval War College Press
Page : 554 pages
File Size : 50,6 Mb
Release : 2003
Category : Law
ISBN : MSU:31293021182518

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International Law and the War on Terror by Paul S. Wilson,Naval War College (U.S.) Pdf

International Law and New Wars

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 50,8 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Human Rights in the 'War on Terror'

Author : Richard Wilson
Publisher : Cambridge University Press
Page : 376 pages
File Size : 46,6 Mb
Release : 2005-10-03
Category : Law
ISBN : 0521853192

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Human Rights in the 'War on Terror' by Richard Wilson Pdf

This book reviews the war on terror since 9/11 from a human rights perspective.

The "war on Terror" and the Framework of International Law

Author : Helen Duffy (Law teacher)
Publisher : Unknown
Page : 488 pages
File Size : 47,7 Mb
Release : 2005
Category : War (International law)
ISBN : 6610422257

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The "war on Terror" and the Framework of International Law by Helen Duffy (Law teacher) Pdf

The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.

The ‘War on Terror' and the Framework of International Law

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 1071 pages
File Size : 51,6 Mb
Release : 2015-04-09
Category : Political Science
ISBN : 9781316194249

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The ‘War on Terror' and the Framework of International Law by Helen Duffy Pdf

Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

International Law and the Global War on Terror

Author : Mary Ellen O'Connell
Publisher : Editions A. Pedone
Page : 100 pages
File Size : 40,7 Mb
Release : 2007
Category : Aggression (International law)
ISBN : STANFORD:36105064239879

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International Law and the Global War on Terror by Mary Ellen O'Connell Pdf

Beyond Human Rights and the War on Terror

Author : Satvinder S. Juss
Publisher : Routledge
Page : 256 pages
File Size : 51,7 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781351006040

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Beyond Human Rights and the War on Terror by Satvinder S. Juss Pdf

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Research Handbook on International Law and Terrorism

Author : Ben Saul
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 45,7 Mb
Release : 2020-04-24
Category : Law
ISBN : 9781788972222

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Research Handbook on International Law and Terrorism by Ben Saul Pdf

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.

Terrorism, War and International Law

Author : Myra Williamson
Publisher : Routledge
Page : 294 pages
File Size : 48,8 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317045946

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Terrorism, War and International Law by Myra Williamson Pdf

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.