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.
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.
The War on Terror
Author: James P. Terry
Publisher: Rowman & Littlefield Publishers
ISBN: 1442222441
Category : Law
Languages : en
Pages : 257
Book Description
A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
Publisher: Rowman & Littlefield Publishers
ISBN: 1442222441
Category : Law
Languages : en
Pages : 257
Book Description
A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
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.
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.
Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights
Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464
Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464
Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
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.
Terrorism and International Law
Author: Maurice Flory
Publisher: Routledge
ISBN: 1134819668
Category : Political Science
Languages : en
Pages : 455
Book Description
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.
Publisher: Routledge
ISBN: 1134819668
Category : Political Science
Languages : en
Pages : 455
Book Description
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.
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.
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.
The Oxford Handbook of Terrorism
Author: Erica Chenoweth
Publisher: Oxford University Press
ISBN: 0191047139
Category : Political Science
Languages : en
Pages : 824
Book Description
The Oxford Handbook of Terrorism systematically integrates the substantial body of scholarship on terrorism and counterterrorism before and after 9/11. In doing so, it introduces scholars and practitioners to state of the art approaches, methods, and issues in studying and teaching these vital phenomena. This Handbook goes further than most existing collections by giving structure and direction to the fast-growing but somewhat disjointed field of terrorism studies. The volume locates terrorism within the wider spectrum of political violence instead of engaging in the widespread tendency towards treating terrorism as an exceptional act. Moreover, the volume makes a case for studying terrorism within its socio-historical context. Finally, the volume addresses the critique that the study of terrorism suffers from lack of theory by reviewing and extending the theoretical insights contributed by several fields - including political science, political economy, history, sociology, anthropology, criminology, law, geography, and psychology. In doing so, the volume showcases the analytical advancements and reflects on the challenges that remain since the emergence of the field in the early 1970s.
Publisher: Oxford University Press
ISBN: 0191047139
Category : Political Science
Languages : en
Pages : 824
Book Description
The Oxford Handbook of Terrorism systematically integrates the substantial body of scholarship on terrorism and counterterrorism before and after 9/11. In doing so, it introduces scholars and practitioners to state of the art approaches, methods, and issues in studying and teaching these vital phenomena. This Handbook goes further than most existing collections by giving structure and direction to the fast-growing but somewhat disjointed field of terrorism studies. The volume locates terrorism within the wider spectrum of political violence instead of engaging in the widespread tendency towards treating terrorism as an exceptional act. Moreover, the volume makes a case for studying terrorism within its socio-historical context. Finally, the volume addresses the critique that the study of terrorism suffers from lack of theory by reviewing and extending the theoretical insights contributed by several fields - including political science, political economy, history, sociology, anthropology, criminology, law, geography, and psychology. In doing so, the volume showcases the analytical advancements and reflects on the challenges that remain since the emergence of the field in the early 1970s.