Islamic State Practices, International Law and the Threat from Terrorism

Islamic State Practices, International Law and the Threat from Terrorism
Author: Javaid Rehman
Publisher:
Total Pages: 256
Release: 2005
Genre: International law
ISBN: 9781472563330

In the post 9/11 legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. 9/11 terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a clash of civilizations. In this original and incisive study, the author investigates the relationship between I.

International Law and the War with Islamic State

International Law and the War with Islamic State
Author: Saeed Bagheri
Publisher: Bloomsbury Publishing
Total Pages: 205
Release: 2021-07-15
Genre: Law
ISBN: 1509950532

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

International Terrorism and Islamic State Practices

International Terrorism and Islamic State Practices
Author: Javaid Rehman
Publisher:
Total Pages: 300
Release: 2008-04
Genre:
ISBN: 9780754623939

Islamic states (ie the 57 members of the Organisation of the Islamic Conference) have ratified a number of important treaties banning terrorism, but information on the text of these commitments, as well as ratifications, is extremely difficult to obtain. This book brings together for the first time the texts of, and participation by, Islamic states in the nineteen international and regional conventions on terrorism. The book includes: the text of all relevant treaties dates of signatures and ratifications of the treaties by the member states listings of reservations, declarations and notifications an anlysis of the contributions of Islamic states to the formulation of individual treaties. There is also an introductory section placing the book in its historical context and a commentary on the relevant treaties.

Counter-Terrorism and the Use of Force in International Law

Counter-Terrorism and the Use of Force in International Law
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.

Defining Terrorism in International Law

Defining Terrorism in International Law
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.

State Responsibility for International Terrorism

State Responsibility for International Terrorism
Author: Kimberley N. Trapp
Publisher: OUP Oxford
Total Pages: 320
Release: 2011-06-02
Genre: Law
ISBN: 0191621668

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

Research Handbook on International Law and Terrorism

Research Handbook on International Law and Terrorism
Author: Ben Saul
Publisher: Edward Elgar Publishing
Total Pages: 752
Release: 2020-04-24
Genre: Law
ISBN: 1788972228

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.

Terrorist Use of Cyberspace and Cyber Terrorism: New Challenges and Responses

Terrorist Use of Cyberspace and Cyber Terrorism: New Challenges and Responses
Author: M.N. Ogun
Publisher: IOS Press
Total Pages: 223
Release: 2015-10-08
Genre: Political Science
ISBN: 1614995281

ICT plays a crucial role in the pursuit of modernization in the countries of Slovenia, Croatia, Albania and Bulgaria, which form the South Eastern European (SEE) region., The quest for Euro-Atlantic integration and the undeniable necessity for direct foreign investment have encouraged the SEE countries to invest in the development of cyber technology, and it has become the dominant area for social, economic and political interaction within the region. This has had both positive and negative consequences. This book presents the proceedings of the NATO Advanced Training Course (ATC), held in Ohrid, former Yugoslav Republic of Macedonia, in December 2014. The ATC addressed serious concerns about terrorist use of cyber technology in South Eastern Europe, which not only has the potential to destabilize regional efforts to create a platform for increased development by creating a breeding ground for the training of extremists and the launching of cyber attacks, but also represents a direct and indirect threat to the security and stability of other NATO partner countries. The book will be of interest to all those involved in countering the threat posed by terrorist use of the Internet worldwide.

The United States, International Law and the Struggle against Terrorism

The United States, International Law and the Struggle against Terrorism
Author: Thomas McDonnell
Publisher: Taylor & Francis
Total Pages: 325
Release: 2023-05-09
Genre: Political Science
ISBN: 1000944549

This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".