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International Law And The Global War On Terror
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Download or read book Ideas in Conflict written by Eric Engle and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and the Global War on Terror by : Mary Ellen O'Connell
Download or read book International Law and the Global War on Terror written by Mary Ellen O'Connell and published by Editions A. Pedone. This book was released on 2007 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Ethics and Efficacy of the Global War on Terrorism by : C. Webel
Download or read book The Ethics and Efficacy of the Global War on Terrorism written by C. Webel and published by Springer. This book was released on 2011-11-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the reader with provocative articles that critically examine the morality of the war on terrorism as it has evolved over the past eight years, this book consists of articles that effectively address specific aspects of the war on terrorism that are missing or underrepresented in ethical discourse since 9/11
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.
Book Synopsis International Law, Security and Ethics by : Aidan Hehir
Download or read book International Law, Security and Ethics written by Aidan Hehir and published by Routledge. This book was released on 2014-02-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? by :
Download or read book Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? written by and published by DIANE Publishing. This book was released on 2005 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. The author, a retired Army lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus that constitutes the law of war. As background, he provides a theoretical framework and the development of the law within Western and, specifically, U.S. Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency between 1952 and 1960 in Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the conflict include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The genesis of this study is the public discourse asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain consistent with the principles of Geneva, or do we approach the conflict as a new challenge requiring fundamental revisions to the law? According to the author, law-of-war violations are neither necessary nor excusable for successful prosecution of military operations in any environment, and because the law of war in its current form is more than adequate to face the new GWOT challenges, it does not warrant revision.
Book Synopsis Research Handbook on International Law and Terrorism by : Ben Saul
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the
Book Synopsis Counter-Terrorism and the Use of Force in International Law by :
Download or read book Counter-Terrorism and the Use of Force in International Law written by and published by DIANE Publishing. This book was released on 2002 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and New Wars by : Christine Chinkin
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Book Synopsis International Law and the War on Terror by :
Download or read book International Law and the War on Terror written by and published by . This book was released on 2003 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defining Terrorism in International Law by : Ben Saul
Download or read book Defining Terrorism in International Law written by Ben Saul and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson
Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.
Book Synopsis Laws, Outlaws, and Terrorists by : Gabriella Blum
Download or read book Laws, Outlaws, and Terrorists written by Gabriella Blum and published by MIT Press. This book was released on 2010-09-24 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and the War on Terror by : Paul S. Wilson
Download or read book International Law and the War on Terror written by Paul S. Wilson and published by Naval War College Press. This book was released on 2003 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond Human Rights and the War on Terror by : Satvinder S. Juss
Download or read book Beyond Human Rights and the War on Terror written by Satvinder S. Juss and published by Routledge. This book was released on 2018-10-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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: This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.
