Counter Terrorism And The Use Of Force In International Law
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Author |
: |
Publisher |
: DIANE Publishing |
Total Pages |
: 107 |
Release |
: 2002 |
ISBN-10 |
: 9781428960824 |
ISBN-13 |
: 1428960821 |
Rating |
: 4/5 (24 Downloads) |
Synopsis Counter-Terrorism and the Use of Force in International Law by :
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 |
: Christine Gray |
Publisher |
: Oxford University Press |
Total Pages |
: 541 |
Release |
: 2018-02-08 |
ISBN-10 |
: 9780192536440 |
ISBN-13 |
: 0192536443 |
Rating |
: 4/5 (40 Downloads) |
Synopsis International Law and the Use of Force by : Christine Gray
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
Author |
: Larissa J. Herik |
Publisher |
: Cambridge University Press |
Total Pages |
: 799 |
Release |
: 2013-07-18 |
ISBN-10 |
: 9781107025387 |
ISBN-13 |
: 1107025389 |
Rating |
: 4/5 (87 Downloads) |
Synopsis Counter-Terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Author |
: Aniel Caro de Beer |
Publisher |
: BRILL |
Total Pages |
: 302 |
Release |
: 2019-02-19 |
ISBN-10 |
: 9789004391543 |
ISBN-13 |
: 9004391541 |
Rating |
: 4/5 (43 Downloads) |
Synopsis Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism by : Aniel Caro de Beer
Winner of the 2020 ASIL Lieber prize! In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer analyses the role of these norms (jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force.
Author |
: Tarcisio Gazzini |
Publisher |
: Manchester University Press |
Total Pages |
: 404 |
Release |
: 2022-12-20 |
ISBN-10 |
: 9781526170484 |
ISBN-13 |
: 1526170485 |
Rating |
: 4/5 (84 Downloads) |
Synopsis The changing rules on the use of force in international law by : Tarcisio Gazzini
Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
Author |
: Christian Henderson |
Publisher |
: Cambridge University Press |
Total Pages |
: 442 |
Release |
: 2018-05-10 |
ISBN-10 |
: 9781108643412 |
ISBN-13 |
: 1108643418 |
Rating |
: 4/5 (12 Downloads) |
Synopsis The Use of Force and International Law by : Christian Henderson
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
Author |
: Aidan Hehir |
Publisher |
: Routledge |
Total Pages |
: 222 |
Release |
: 2014-02-04 |
ISBN-10 |
: 9781136719615 |
ISBN-13 |
: 113671961X |
Rating |
: 4/5 (15 Downloads) |
Synopsis International Law, Security and Ethics by : Aidan Hehir
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.
Author |
: Jimmy Gurulé |
Publisher |
: West Academic Publishing |
Total Pages |
: 0 |
Release |
: 2011 |
ISBN-10 |
: 0314205446 |
ISBN-13 |
: 9780314205445 |
Rating |
: 4/5 (46 Downloads) |
Synopsis Principles of Counter-terrorism Law by : Jimmy Gurulé
The book examines the military and law enforcement responses to international terrorism. Subjects include the legal authority to use military force; determining when the law of armed conflict comes into force; the law of targeting and how this authority is applied to terrorist operatives; preventive detention; prosecution of terrorists by military commission; the legal framework for gathering counter-terrorism intelligence information; prosecuting terrorists and their sponsors; freezing terrorist assets; and civil liability for personal injury or death caused by acts of international terrorism.
Author |
: Ben Saul |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 752 |
Release |
: 2020-04-24 |
ISBN-10 |
: 9781788972222 |
ISBN-13 |
: 1788972228 |
Rating |
: 4/5 (22 Downloads) |
Synopsis Research Handbook on International Law and Terrorism by : Ben Saul
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.
Author |
: Ana María Salinas de Frías |
Publisher |
: OUP Oxford |
Total Pages |
: 1229 |
Release |
: 2012-01-19 |
ISBN-10 |
: 9780191627811 |
ISBN-13 |
: 019162781X |
Rating |
: 4/5 (11 Downloads) |
Synopsis Counter-Terrorism by : Ana María Salinas de Frías
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.