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Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of experts from around the world, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. For scholars, students, and practitioners seeking an authoritative and comprehensive resource for research into security law jurisprudence, this unique series serves that specialized purpose like none other on the market. With the 2008 edition of Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. This edition also adds new topics to the series' purview, including the contentious issue of what legal status enemy combatants possess in U.S. courts and the equally volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties. General Editor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide. Indeed, many of the prominent cases in this year's edition come from non-U.S. courts, including an Argetinian case on state terrorism and crimes against humanity. That case, Velasco, appears in this edition in the only English translation available anywhere.
Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of experts from around the world, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. For scholars, students, and practitioners seeking an authoritative and comprehensive resource for research into security law jurisprudence, this unique series serves that specialized purpose like none other on the market. With the 2008 edition of Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. This edition also adds new topics to the series' purview, including the contentious issue of what legal status enemy combatants possess in U.S. courts and the equally volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties. General Editor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide. Indeed, many of the prominent cases in this year's edition come from non-U.S. courts, including an Argetinian case on state terrorism and crimes against humanity. That case, Velasco, appears in this edition in the only English translation available anywhere.
Terrorism: International Case Law Reporter is the only print reporter of terrorism-related cases from jurisdictions worldwide. Volume Two of this year's edition covers constitutional challenges, human rights, and civil liberties.
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
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.
This book analyses the US drone attacks against terrorists in Pakistan to assess whether the ‘pre-emptive’ use of combat drones to kill terrorists is ever legally justified. Exploring the doctrinal discourse of pre-emption vis-à-vis the US drone attacks against terrorists in Pakistan, the book shows that the debate surrounding this discourse encapsulates crucial tensions between the permission and limits of the right of self-defence. Drawing from the long history of God-given and man-made laws of war, this book employs positivism as a legal frame to explore and explain the doctrine of pre-emption and analyses the doctrine of the state’s rights to self-defence as it stretches into pre-emptive or preventive use of force. The book investigates why the US chose the recourse to pre-emption through the use of combat drones in the ‘war on terror’ and whether there is a potential future for the pre-emption of terrorism through combat drones. The author argues that the policy to ‘kill first’ is easy to adopt however, any disregard for the web of legal requirements surrounding the policy has the potential to undercut the legal claims of an armed act. The book enables the framing and analysis of such controversies in legal terms as opposed to a choice between law and policy. An examination of the legal dilemma concerning drone warfare, this book will be of interest to academics in the field International Relations, Asian Politics, South Asian Studies and Security Studies, in particular global security law, new wars and emerging technologies of warfare.
The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.