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Law In The War On International Terrorism
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Book Synopsis Law in the War on International Terrorism by : Ved Nanda
Download or read book Law in the War on International Terrorism written by Ved Nanda and published by BRILL. This book was released on 2021-10-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 Enforcing International Law Norms Against Terrorism by : Andrea Bianchi
Download or read book Enforcing International Law Norms Against Terrorism written by Andrea Bianchi and published by Hart Publishing. This book was released on 2004-07 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
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.
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."
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 Terrorism, War and International Law by : Dr Myra Williamson
Download or read book Terrorism, War and International Law written by Dr Myra Williamson and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Counter-Terrorism and International Law by : Katja L.H. Samuel
Download or read book Counter-Terrorism and International Law written by Katja L.H. Samuel and published by Routledge. This book was released on 2017-03-02 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Battling Terrorism by : Jackson Nyamuya Maogoto
Download or read book Battling Terrorism written by Jackson Nyamuya Maogoto and published by Routledge. This book was released on 2016-04-15 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Anti-Terrorism Law and Policy by : Victor V. Ramraj
Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2009-04-09 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The War on Terror and the Laws of War by : Geoffrey S. Corn
Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by Oxford University Press. This book was released on 2014-12-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Law Vs. War written by Shawn Boyne and published by . This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors address one of the fundamental assumptions underlying the conduct of the War on Terrorism -- the nature of our enemy, whether perpetrators of terrorist activities are criminals or soldiers (combatants). Although the United States recognizes that terrorist acts are certainly illegal, it has chosen to treat perpetrators as combatants; but much of the world, including many of our traditional allies, have opted for a purely legalistic approach. Disagreement about assumptions is not the only basis for divergent policies for confronting terrorism, but certainly explains much of our inability to agree on strategies to overcome what we recognize as a serious common and persistent international problem. Their insights into how our respective cultures and histories influence our definitions, assumptions, and subsequent policy decisions can assist us to respect and learn from competing strategies. They correctly surmise that our current international struggle is too important for us to ignore assumptions underlying our own and competing ideas.
Book Synopsis Legitimate Use of Military Force Against State-Sponsored International Terrorism by : Richard J. Erickson
Download or read book Legitimate Use of Military Force Against State-Sponsored International Terrorism written by Richard J. Erickson and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A military response has been a viable option for combating international terrorism in the past and it will continue to be an option in the future. Possible military actions range from rescuing hostages to neutralizing terrorist camps and making direct strikes against targets verified as the infrastructure for state-sponsored training and support complexes of complex groups. The military response is part of a larger strategy that seeks to maximize the risk of punishment for terrorists and their sponsors and supporters while minimizing their potential rewards. In this context military action must be consistent with international law. If states decide that all means are justified, then those acting to preserve the rule of law in the face of the terrorist threat will become indistinguishable from the evil they seek to undo. Colonel Erickson?s study presents an overview of international law directed at the issue of managing international terrorism. This study is thought provoking and provides the decision-maker with a useful tool. Of particular note is the checklist provided in appendix A that summarizes chapters 4-6. It behooves everyone dedicated to achieving a world free from terror to learn more of this phenomenon and how we can deal with it. Colonel Erickson?s study, for the first time and in one place, makes available a general survey of international law concerning this subject. I highly recommend his study. Robert W. Norris Major General, United States Air Force The Judge Advocate General, United States Air Force
Book Synopsis Due Process and International Terrorism by : Roza Pati
Download or read book Due Process and International Terrorism written by Roza Pati and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
