Download Free Enforcing International Law Norms Against Terrorism Book in PDF and EPUB Free Download. You can read online Enforcing International Law Norms Against Terrorism and write the review.

Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
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.
Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.
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.
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.
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.
Since 9/11, terrorism has been at the forefront of global politics and international relations. This edition brings this comprehensive compilation of international law documents relating to terrorism up to date.