Law In The War On International Terrorism

Author : Ved Nanda
Publisher : BRILL
Page : 287 pages
File Size : 53,6 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004479807

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Law in the War on International Terrorism by Ved Nanda Pdf

Recent legal responses to international terrorism have been unprecedented and, in certain instances, controversial. Challenges for the legal community, especially scholars, are to explore alternatives and recommend measures within a legal framework to solve this multi-faceted problem. Contributors to this important book have accepted and risen to this challenge. They describe and provide a comprehensive and insightful analysis of the pertinent domestic, bilateral, regional and international legal developments in the war against terrorism. Subjects covered include Terrorism, International Law and International Organizations; The U.N. in the War Against International Terrorism; Lawful and Unlawful Wars Against Terrorism; The Threat of Nuclear Terrorism; Detention of Terrorists As Unlawful Combatants and Their Trial by American Military Tribunals; and much more. The authors include distinguished legal scholars and award winning jurists and practitioners, among them Peter Kovacs, Mary Ellen O'Connell, Larry D. Johnson, Robert Hardaway, Christopher Hardaway, James Siegesmund, Spencer J. Corona, Neal A. Richardson, Claude d'Estree, James A. R. Nafziger, Ronald R. Robinson, and Ved P. Nanda. Published under the Transnational Publishers imprint.

Author : Elizabeth Chadwick
Publisher : BRILL
Page : 235 pages
File Size : 53,9 Mb
Release : 2023-08-28
Category : Law
ISBN : 9789004632417

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Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict by Elizabeth Chadwick Pdf

A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of `Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed `terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination `as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.

Author : Andrea Bianchi,Yasmin Naqvi
Publisher : Hart Publishing
Page : 573 pages
File Size : 40,9 Mb
Release : 2004-07
Category : Law
ISBN : 9781841134307

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Enforcing International Law Norms Against Terrorism by Andrea Bianchi,Yasmin Naqvi Pdf

Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.

Author : Gabriella Blum,Philip B. Heymann
Publisher : MIT Press
Page : 254 pages
File Size : 43,8 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.

Author : Paul S. Wilson,Naval War College (U.S.)
Publisher : Naval War College Press
Page : 554 pages
File Size : 49,6 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

Author : Victor V. Ramraj,Michael Hor,Kent Roach
Publisher : Cambridge University Press
Page : 664 pages
File Size : 42,6 Mb
Release : 2009-04-09
Category : Law
ISBN : 9781139448291

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Global Anti-Terrorism Law and Policy by Victor V. Ramraj,Michael Hor,Kent Roach Pdf

All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.

Author : Pablo Antonio Fernández Sánchez
Publisher : BRILL
Page : 529 pages
File Size : 46,8 Mb
Release : 2009
Category : Law
ISBN : 9789004170537

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International Legal Dimension of Terrorism by Pablo Antonio Fernández Sánchez Pdf

Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.

Author : Dr Myra Williamson
Publisher : Ashgate Publishing, Ltd.
Page : 339 pages
File Size : 43,6 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496564

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Terrorism, War and International Law by Dr 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.

Author : Katja L.H. Samuel
Publisher : Routledge
Page : 638 pages
File Size : 52,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351948166

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Counter-Terrorism and International Law by Katja L.H. Samuel Pdf

The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.

Author : Myra Williamson
Publisher : Routledge
Page : 294 pages
File Size : 48,6 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.

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 1071 pages
File Size : 51,8 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.

Author : Jackson Nyamuya Maogoto
Publisher : Routledge
Page : 218 pages
File Size : 52,5 Mb
Release : 2016-04-15
Category : Political Science
ISBN : 9781317175995

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Battling Terrorism by Jackson Nyamuya Maogoto Pdf

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

Author : Geoffrey S. Corn,James A. Schoettler, Jr.,Dru Brenner-Beck,Victor M. Hansen,Richard B. "Dick" Jackson,Eric Talbot Jensen,Michael W. Lewis
Publisher : Oxford University Press
Page : 277 pages
File Size : 49,9 Mb
Release : 2014-12-09
Category : Law
ISBN : 9780190221386

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The War on Terror and the Laws of War by Geoffrey S. Corn,James A. Schoettler, Jr.,Dru Brenner-Beck,Victor M. Hansen,Richard B. "Dick" Jackson,Eric Talbot Jensen,Michael W. Lewis Pdf

Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.

Author : Anonim
Publisher : DIANE Publishing
Page : 107 pages
File Size : 45,5 Mb
Release : 2002
Category : Electronic
ISBN : 9781428960824

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Counter-Terrorism and the Use of Force in International Law by Anonim Pdf

In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.

Author : Aidan Hehir,Natasha Kuhrt,Andrew Mumford
Publisher : Routledge
Page : 222 pages
File Size : 47,9 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.