International Humanitarian Law And Terrorism

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Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict

Author : Elizabeth Chadwick
Publisher : BRILL
ISBN 13 : 9004632417
Total Pages : 235 pages
Book Rating : 4.0/5 (46 download)

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

Download or read book Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict written by Elizabeth Chadwick and published by BRILL. This book was released on 2023-08-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Guide to International Humanitarian Law

Author : Ben Saul
Publisher : Oxford University Press
ISBN 13 : 0192597493
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Guide to International Humanitarian Law by : Ben Saul

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

International Humanitarian Law and Terrorism

Author : Andrea Bianchi
Publisher : Hart Publishing
ISBN 13 : 9781849461375
Total Pages : 407 pages
Book Rating : 4.4/5 (613 download)

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Book Synopsis International Humanitarian Law and Terrorism by : Andrea Bianchi

Download or read book International Humanitarian Law and Terrorism written by Andrea Bianchi and published by Hart Publishing. This book was released on 2011-07-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book carefully and thoroughly analyses the legal questions raised by the phenomenon of terrorism, and past and recent efforts to fight it, from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, States. The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism. The approach of the book is analytical and discursive, rather than prescriptive. Thus the reader will find the relevant rules of IHL and other legal regimes as regards terrorism, but also the debates over their application, the contradictions in State practice and the impact these may have upon IHL's evolution and implementation. The aim is to provide legal practitioners, as well as those in military, political and academic circles, with a useful reference point. Hopefully the book will also prove useful to other readers who will find its content and easy-to-read style an encouragement to getting acquainted with a topical subject, traditionally thought to be reserved for legal specialists. This book was cited with approval by the US Court of Appeals in Salim Ahmed Hamdan v United States of America, 16th October 2012

Human Rights in Times of Conflict and Terrorism

Author : Louise Doswald-Beck
Publisher : OUP Oxford
ISBN 13 : 0191621595
Total Pages : 600 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Human Rights in Times of Conflict and Terrorism by : Louise Doswald-Beck

Download or read book Human Rights in Times of Conflict and Terrorism written by Louise Doswald-Beck and published by OUP Oxford. This book was released on 2011-09-22 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

International Legal Dimension of Terrorism

Author : Pablo Antonio Fernández Sánchez
Publisher : BRILL
ISBN 13 : 9004170537
Total Pages : 529 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Legal Dimension of Terrorism by : Pablo Antonio Fernández Sánchez

Download or read book International Legal Dimension of Terrorism written by Pablo Antonio Fernández Sánchez and published by BRILL. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.

Rethinking the Law of Armed Conflict in an Age of Terrorism

Author : Christopher A. Ford
Publisher : Lexington Books
ISBN 13 : 0739166530
Total Pages : 357 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Rethinking the Law of Armed Conflict in an Age of Terrorism by : Christopher A. Ford

Download or read book Rethinking the Law of Armed Conflict in an Age of Terrorism written by Christopher A. Ford and published by Lexington Books. This book was released on 2012 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."

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

Author : Helen Duffy
Publisher : Cambridge University Press
ISBN 13 : 1316194248
Total Pages : 1071 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis The ‘War on Terror' and the Framework of International Law by : Helen Duffy

Download or read book The ‘War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights in Times of Conflict and Terrorism

Author : Louise Doswald-Beck
Publisher : OUP Oxford
ISBN 13 : 0191621145
Total Pages : 600 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Human Rights in Times of Conflict and Terrorism by : Louise Doswald-Beck

Customary International Humanitarian Law

Author : Jean-Marie Henckaerts
Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

International Humanitarian Law: Prospects. Prospects. The relevance of humanitarian law to terrorism and terrorists

Author : John Carey
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis International Humanitarian Law: Prospects. Prospects. The relevance of humanitarian law to terrorism and terrorists by : John Carey

Download or read book International Humanitarian Law: Prospects. Prospects. The relevance of humanitarian law to terrorism and terrorists written by John Carey and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The events of September 2001 and the world-wide threat of terrorist attacks, bring into sharper focus questions about the ramifications of unconventional warfare and how prisoners taken in armed conflict short of declared war should be treated. Here again international humanitarian law can provide the guideposts needed to find a just course through difficult times. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future.

The Practical Guide to Humanitarian Law

Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442221135
Total Pages : 827 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Practical Guide to Humanitarian Law by : Françoise Bouchet-Saulnier

Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

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

Author : Helen Duffy
Publisher : Cambridge University Press
ISBN 13 : 0521838509
Total Pages : 542 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The 'War on Terror' and the Framework of International Law by : Helen Duffy

Download or read book The 'War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2005-07-28 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 1107014506
Total Pages : 1071 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The ‘War on Terror' and the Framework of International Law by : Helen Duffy

The Handbook of International Humanitarian Law

Author : Michael Bothe
Publisher : Oxford University Press
ISBN 13 : 0199658803
Total Pages : 767 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Michael Bothe

Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Author : Larissa J. Herik
Publisher : Cambridge University Press
ISBN 13 : 1107025389
Total Pages : 799 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Counter-Terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik

Download or read book Counter-Terrorism Strategies in a Fragmented International Legal Order written by Larissa J. Herik and published by Cambridge University Press. This book was released on 2013-07-18 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the relationship between different branches of international law and their applicability to terrorism.

Talking about Terrorism

Author :
Publisher : ICHRP
ISBN 13 : 2940259798
Total Pages : 113 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis Talking about Terrorism by :

Download or read book Talking about Terrorism written by and published by ICHRP. This book was released on 2008 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ensuring Respect for International Humanitarian Law

Author : Eve Massingham
Publisher : Routledge
ISBN 13 : 0429588755
Total Pages : 221 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Ensuring Respect for International Humanitarian Law by : Eve Massingham

Download or read book Ensuring Respect for International Humanitarian Law written by Eve Massingham and published by Routledge. This book was released on 2020-07-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.