International Terrorism And Changes In International Law
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| Author | : Kalliopi Chainoglou |
| Publisher | : Aranzadi |
| Total Pages | : 292 |
| Release | : 2007-01-01 |
| Genre | : Law |
| ISBN | : 9788483553961 |
Contemporary terrorism is a product of globalization, a network which spreads across several countries, whose ambitions are geopolitical rather than simply national, which uses the media and is prepared to cause greater damage than the traditional forms of terrorism. The Members of the International Community must therefore ensure that all measures taken to combat terrorism are compatible with the obligations they have in virtue of International Law, and particularly the principles of human rights, rights of refugees, and International Humanitarian Law. However, it is not entirely clear whether International Law offers legitimate, valid and effective responses to terrorist threats. This new terrorism is upsetting some essential categories of International Law, particularly concerning the law of legitimate self-defense and demands a narrower cooperation between States in policy and judicial matters as well as new initiatives in other specific matters. This book tries to offer a realistic and practical analysis about how to update the international structures and institutions to this new social reality Eugenia López-Jacoiste Diaz is Professor of International Law. She has been a researcher at the Max Planck Institut für asuländisches und öffentliches Recht und Völkerrect, Heidelberg (Germany) and the Centre of Studies and Research of The Hague Academy of International Law, The Hague, (Netherlands). Her publications are, among others, Actualidad del Consejo de Seguridad de las Naciones Unidas (2003) and La política de seguridad y defensa en Europa (2006).
| Author | : Ben Saul |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9780199535477 |
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.
| Author | : Christian Walter |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 1516 |
| Release | : 2004-06-25 |
| Genre | : Law |
| ISBN | : 9783540212256 |
The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.
| Author | : Dr Myra Williamson |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 420 |
| Release | : 2013-02-28 |
| Genre | : Law |
| ISBN | : 1409496562 |
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.
| Author | : |
| Publisher | : DIANE Publishing |
| Total Pages | : 107 |
| Release | : 2002 |
| Genre | : |
| ISBN | : 1428960821 |
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 | : Maurice Flory |
| Publisher | : Routledge |
| Total Pages | : 455 |
| Release | : 2002-05-03 |
| Genre | : Political Science |
| ISBN | : 1134819668 |
The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.
| Author | : Pablo Antonio Fernández Sánchez |
| Publisher | : BRILL |
| Total Pages | : 529 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9004170537 |
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
| Author | : L. Ali Khan |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 388 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004152075 |
Presents a study of Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. This book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter, and that terrorism cannot be eradicated unless the nation-state evolves into the Free State.
| Author | : Omer Elagab |
| Publisher | : Cavendish Publishing |
| Total Pages | : 921 |
| Release | : 1997-05 |
| Genre | : Political Science |
| ISBN | : 1843142996 |
Brings together the basic documents in international law relating to terrorism, extracts from judicial decisions and the relevant UK material. The text covers such areas as terrorism and hostage-taking, maritime terrorism, the control of State terrorism, and extradition. Each document is selectively reproduced and introduced with a brief comment on its history and current normative value.
| Author | : Stella Margariti |
| Publisher | : Springer |
| Total Pages | : 194 |
| Release | : 2017-08-01 |
| Genre | : Law |
| ISBN | : 946265204X |
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
