The 'War on Terror' and the Framework of International Law

by Helen Duffy
The 'War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 542
Release: 2005-07-28
Genre: History
ISBN: 0521838509
GET BOOK

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.

The 'War on Terror' and the Framework of International Law

by Helen Duffy
The 'War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 544
Release: 2005-07-28
Genre: Political Science
ISBN: 9780521838504
GET BOOK

The acts of lawlessness committed on September 11, 2001 have been followed by a 'war on terror'. This book considers the law relevant to assessing how such terrorist' acts should be understood in legal terms, which responses to them are permissible and how those responses are to be pursued. It considers some of the actions that have unfolded since 9/11 (military intervention, law enforcement initiatives, human rights restrictions and abuse) prompting questions as to the 'war on terror's lawfulness. The volume clearly designates areas of international law where interest has escalated beyond traditional academic legal circles.

The 'War on Terror' and the Framework of International Law

by Helen Duffy
The 'War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 548
Release: 2005-07-28
Genre: History
ISBN: 9780521547352
GET BOOK

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.

Legislating the War on Terror

by Benjamin Wittes
Legislating the War on Terror
Author: Benjamin Wittes
Publisher: Rowman & Littlefield
Total Pages: 435
Release: 2010-02-01
Genre: Political Science
ISBN: 0815704178
GET BOOK

A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of

Strategic Human Rights Litigation

by Helen Duffy
Strategic Human Rights Litigation
Author: Helen Duffy
Publisher: Bloomsbury Publishing
Total Pages: 329
Release: 2018-09-06
Genre: Law
ISBN: 1509921990
GET BOOK

Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

International Law and New Wars

by Christine Chinkin
International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 611
Release: 2017-04-27
Genre: History
ISBN: 1107171210
GET BOOK

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

A War on Terror?

by Marianne Wade
A War on Terror?
Author: Marianne Wade
Publisher: Springer Science & Business Media
Total Pages: 554
Release: 2009-11-05
Genre: Law
ISBN: 0387892915
GET BOOK

Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.