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This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.
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.
This official government publication investigates the impact of the Holocaust on the Western powers' intelligence-gathering community. It explains the archival organization of wartime records accumulated by the U.S. Army's Signal Intelligence Service and Britain's Government Code and Cypher School. It also summarizes Holocaust-related information intercepted during the war years.
Every day thousands of people are killed and injured on our roads. Millions of people each year will spend long weeks in the hospital after severe crashes and many will never be able to live, work or play as they used to do. Current efforts to address road safety are minimal in comparison to this growing human suffering. This report presents a comprehensive overview of what is known about the magnitude, risk factors and impact of road traffic injuries, and about ways to prevent and lessen the impact of road crashes. Over 100 experts, from all continents and different sectors -- including transport, engineering, health, police, education and civil society -- have worked to produce the report. Charts and tables.
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
“The present study goes beyond reporting on a single year's production and value. It examines Afghanistan's opium economy in order to understand its dynamics, the reasons for its success, its beneficiaries and victims, and the problems it has caused domestically and abroad.”-- Executive summary.
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
This history of UNESCO retraces almost 50 years in the life of the international organization, whose action in fields such as education, science, culture and communication have been at the heart of changes since World War II.