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Use Of Force In Countering Terrorism
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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 Use of Force in Countering Terrorism by : M. Ugur Ersen
Download or read book Use of Force in Countering Terrorism written by M. Ugur Ersen and published by IOS Press. This book was released on 2010 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a valuable resource for all those interested in multinational efforts to combat the threat of global terrorism --Book Jacket.
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 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.
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 420 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 Use of Force by : Christine D. Gray
Download or read book International Law and the Use of Force written by Christine D. Gray and published by Oxford University Press, USA. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
Book Synopsis Customary International Law in Times of Fundamental Change by : Michael P. Scharf
Download or read book Customary International Law in Times of Fundamental Change written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2013-05-31 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
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 Principles of Counter-terrorism Law by : Jimmy Gurulé
Download or read book Principles of Counter-terrorism Law written by Jimmy Gurulé and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and the Use of Force by : Christine Gray
Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-08 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legitimate Use of Military Force Against State-Sponsored International Terrorism by : Richard J. Erickson Lt USAF
Download or read book Legitimate Use of Military Force Against State-Sponsored International Terrorism written by Richard J. Erickson Lt USAF and published by . This book was released on 2009-07-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study should help us as a nation deal with being uncertain as to how best to deal with the threat posed by terrorism. We do not understand international terrorism in an international law context. We tend to emphasize the inadequacies of international law in dealing with terrorism without fully comprehending the usefulness of international law. We need an anchor for our thinking and for our actions. We need to return to basics, to grasp the fundamentals. We need to clarify in our own minds what our legal approach to international terrorism should be and what assumptions we must make in taking such an approach. Both private and public studies, including one by the Vice President.s Task Force on Combatting Terrorism, have called for an in-depth legal analysis of this social phenomenon. As members of a democratic society we are governed by the rule of law. Yet, we know so little about the role of law in combating international terrorism, which is both ironic and sad. We need to improve our intellect and sharpen our insight into such issues as: What is the legal responsibility of one state to another and to the international community concerning terrorism? How should terrorism be approached? Should it be considered a criminal activity in a law enforcement context or should it be viewed as a combatant activity in an armed conflict context? What legal reasoning exists to support the use of military force against international terrorists as well as their state sponsors and supporters? This study, written for both the lawyer and the lay person, explores these and other legal issues. For the benefit of the general reader, the text has been written with minimum reliance upon legal jargon. The legal scholar should refer to the endnotes for a more exhaustive legal treatment of concepts and issues. Chapter 1 looks at the nature of international terrorism and the seriousness of the threat. This chapter is important because it provides a foundation for judging what legal approach we should take to terrorism. It also examines some of the factors that we must consider in deciding on an appropriate legal basis for the employment of military force abroad in combating terrorism. Chapter 2 addresses choice of law, reviewing the pros and cons of various legal approaches to dealing with terrorism. Should the approach be essentially law enforcement or should it be combatant? Should the challenge of international terrorism be viewed as a peacetime crisis or as a situation of armed conflict? Does the degree of state sponsorship or support make a difference? Chapter 3 examines the much overlooked concept of state responsibility. State responsibility is the international law concept of the duty that one state owes to another in the international community. States that sponsor or support terrorist activities against other states do so in disregard of their state responsibility. When this occurs what rights does the injured state acquire? Chapters 4-6 form the core of the study. These chapters show how, throughout the twentieth century and culminating with the United Nations Charter, the international community has sought to restrain the use of force as a method for resolving international disputes. Today, only a limited number of circumstances justify the force option. These circumstances are contained in legal concepts or principles that, if satisfied, could serve as a rationale for legitimate use of military force abroad. Such principles include, for example, individual and collective selfdefense, anticipatory self defense, regional peacekeeping, protection of one's nationals, and invitation. Chapter 7 summarizes the lessons learned and offers some thought about future directions. Finally, a detailed bibliography provides the reader with a starting point for further independent research.
Book Synopsis Self-Defence against Non-State Actors by : Mary Ellen O'Connell
Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.
Book Synopsis International Law and the Use of Force against Terrorism by : Shadi Adnan Alshdaifat
Download or read book International Law and the Use of Force against Terrorism written by Shadi Adnan Alshdaifat and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown in the case of Attila the Hun, and his thirst for power, property, and personal prestige, nation states throughout the world, particularly in Asia and Europe, have, since ancient times, been vulnerable to invasion by other nation states and bands of looters from outside their borders. Terrorism’s progress into the modern day has caused extreme concern among members of the international community, who now accept that it is like a cancer that refuses to localize itself within any single organ of the body, but seeks to spread its lethality throughout, even if that means destroying itself along with the host. The fight against terrorism is long and complex, but the end is known in advance. Terrorists are defending a lost cause, and their defeat is inevitable, and democracy, freedom, and diplomacy will triumph.
Book Synopsis Counter-Terrorism by : Ana María Salinas de Frías
Download or read book Counter-Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
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 Countering Terrorist Recruitment in the Context of Armed Counter-Terrorism Operations by : S. Ekici
Download or read book Countering Terrorist Recruitment in the Context of Armed Counter-Terrorism Operations written by S. Ekici and published by IOS Press. This book was released on 2016-02-23 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism is not a new phenomenon, but almost all communities, regardless of ethnicity, religion, social status or location, are now increasingly facing the challenge of terrorist threat. What makes a terrorist organization attractive to some citizens? A better understanding of the reasons why individuals choose to join terror groups may well enhance efforts to disrupt the recruitment process of terrorist organizations and thereby support current and future counter-terrorism initiatives. This book presents the proceedings of the NATO Advanced Research Workshop, 'Countering Terrorist Recruitment in the Context of Armed Counter-Terrorism Operations', held in Antalya, Turkey, in May 2015. The goal of the workshop was to share existing ideas and develop new ones to tackle terrorist recruitment. The book contains 18 articles covering topics which include: the role of NATO and other international entities in counter-terrorism; understanding recruitment methods and socialization techniques of terror networks by comparing them to gangs; social media in terrorist recruitment; drug money links with terrorist financing; and counter-terrorism and human rights. The book will be of interest to all those involved in developing, planning and executing prevention programs and policies in relation to both armed and non-armed counter-terrorism operations.
Book Synopsis Beating international terrorism an action strategy for preemption and punishment by : Stephen Sloan
Download or read book Beating international terrorism an action strategy for preemption and punishment written by Stephen Sloan and published by DIANE Publishing. This book was released on 2000 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dr. Sloan writes this book primarily for senior- and middle-level officials and officers who will be responsible for conducting war against terrorism. He examines several definitional problems, analyzes the factors involved in developing approaches to counter and preempt terrorism, and looks at the policy issues regarding the use of force."--Web site
