Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229
Book Description
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.
Counter-Terrorism
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229
Book Description
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.
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229
Book Description
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.
Counter-Terrorism and the Use of Force in International Law
Author:
Publisher: DIANE Publishing
ISBN: 1428960821
Category :
Languages : en
Pages : 107
Book Description
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.
Publisher: DIANE Publishing
ISBN: 1428960821
Category :
Languages : en
Pages : 107
Book Description
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.
Enforcing International Law Norms Against Terrorism
Author: Andrea Bianchi
Publisher: Hart Publishing
ISBN: 1841134309
Category : Law
Languages : en
Pages : 573
Book Description
Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
Publisher: Hart Publishing
ISBN: 1841134309
Category : Law
Languages : en
Pages : 573
Book Description
Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
Counter-Terrorism Strategies in a Fragmented International Legal Order
Author: Larissa J. Herik
Publisher: Cambridge University Press
ISBN: 1107025389
Category : Law
Languages : en
Pages : 799
Book Description
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Publisher: Cambridge University Press
ISBN: 1107025389
Category : Law
Languages : en
Pages : 799
Book Description
An exploration of the relationship between different branches of international law and their applicability to terrorism.
Terrorism as a Challenge for National and International Law: Security versus Liberty?
Author: Christian Walter
Publisher: Springer Science & Business Media
ISBN: 9783540212256
Category : Law
Languages : en
Pages : 1516
Book Description
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.
Publisher: Springer Science & Business Media
ISBN: 9783540212256
Category : Law
Languages : en
Pages : 1516
Book Description
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.
Defining Terrorism in International Law
Author: Ben Saul
Publisher: Oxford University Press, USA
ISBN: 9780199535477
Category : Law
Languages : en
Pages : 0
Book Description
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.
Publisher: Oxford University Press, USA
ISBN: 9780199535477
Category : Law
Languages : en
Pages : 0
Book Description
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.
International Legal Dimension of Terrorism
Author: Pablo Antonio Fernández Sánchez
Publisher: BRILL
ISBN: 9004170537
Category : Law
Languages : en
Pages : 529
Book Description
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Publisher: BRILL
ISBN: 9004170537
Category : Law
Languages : en
Pages : 529
Book Description
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Research Handbook on International Law and Terrorism
Author: Ben Saul
Publisher: Edward Elgar Publishing
ISBN: 1788972228
Category : Law
Languages : en
Pages : 747
Book Description
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.
Publisher: Edward Elgar Publishing
ISBN: 1788972228
Category : Law
Languages : en
Pages : 747
Book Description
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.
Counter-Terrorism, Human Rights and the Rule of Law
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Category : Political Science
Languages : en
Pages : 354
Book Description
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Category : Political Science
Languages : en
Pages : 354
Book Description
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
International Instruments Related to the Prevention and Suppression of International Terrorism
Author: United Nations
Publisher: United Nations Publications
ISBN: 9789211337778
Category : Social Science
Languages : en
Pages : 0
Book Description
THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.
Publisher: United Nations Publications
ISBN: 9789211337778
Category : Social Science
Languages : en
Pages : 0
Book Description
THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.