Counter Terrorism And International Law
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Author | : Ana María Salinas de Frías |
Publisher | : Oxford University Press |
Total Pages | : 1229 |
Release | : 2012-01-19 |
Genre | : Law |
ISBN | : 019960892X |
Download Counter-Terrorism Book in PDF, Epub and Kindle
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.
Author | : Andrea Bianchi |
Publisher | : Hart Publishing |
Total Pages | : 573 |
Release | : 2004-07 |
Genre | : Law |
ISBN | : 1841134309 |
Download Enforcing International Law Norms Against Terrorism Book in PDF, Epub and Kindle
Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 107 |
Release | : 2002 |
Genre | : |
ISBN | : 1428960821 |
Download Counter-Terrorism and the Use of Force in International Law Book in PDF, Epub and Kindle
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 | : Ben Saul |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780199535477 |
Download Defining Terrorism in International Law Book in PDF, Epub and Kindle
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 | : Maurice Flory |
Publisher | : Routledge |
Total Pages | : 455 |
Release | : 2002-05-03 |
Genre | : Political Science |
ISBN | : 1134819668 |
Download Terrorism and International Law Book in PDF, Epub and Kindle
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 | : Larissa J. Herik |
Publisher | : Cambridge University Press |
Total Pages | : 799 |
Release | : 2013-07-18 |
Genre | : Law |
ISBN | : 1107025389 |
Download Counter-Terrorism Strategies in a Fragmented International Legal Order Book in PDF, Epub and Kindle
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Author | : Christian Walter |
Publisher | : Springer Science & Business Media |
Total Pages | : 1516 |
Release | : 2004-06-25 |
Genre | : Law |
ISBN | : 9783540212256 |
Download Terrorism as a Challenge for National and International Law: Security versus Liberty? Book in PDF, Epub and Kindle
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 | : Katja L.H. Samuel |
Publisher | : Routledge |
Total Pages | : 638 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351948164 |
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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.
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 839 |
Release | : 2015-07-23 |
Genre | : Law |
ISBN | : 1107057078 |
Download Comparative Counter-Terrorism Law Book in PDF, Epub and Kindle
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author | : Arianna Vedaschi |
Publisher | : Cambridge University Press |
Total Pages | : 525 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 1009020587 |
Download 9/11 and the Rise of Global Anti-Terrorism Law Book in PDF, Epub and Kindle
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.