Response to Terrorism - The Use of Force Against International Terrorism
The events of 11 September 2011 overwhelmingly challenged the existing principles of international law, both as the principles of international humanitarian law and as the right of state to use military force. This article assesses the uncertainty about the definition of terrorism, and how international law can provide legal framework by which to state responses to acts of terrorism, whether the acts are committed by organizations or by non-state actors. It scrutinizes the difficulties of applying the rules of international humanitarian law in selecting military objectives when directing attacks against terrorists and in classifying captured fighters. Eventually, it considers whether the right of self-defense extends to military responses to terrorists acts, since most such responses violate the territorial integrity of a state that is not itself directly responsible.
Cassese, A. (2001). Terrorism is Also Disrupting some Crucial Legal Categories of International Law. European Journal of International Law 993.
Byers, M. (2002). Terrorism, the Use of Force and International Law after September 11. International and Comparative Law Quarterly 401.
Christian, J. (2009). The Use of Force Against Terrorists. 20 The European Journal of International Law 2.
Greenwood, Ch. (2003). International Law and the Pre-Emptive Use of Force: Afghanistan, Al-Qaeda, and Iraq. 4 San Diego International Law Journal 7.
Gaby, R. (2017). Legitimate Military Targets, Crimes of War (2011). Retrieved from http://www.crimesofwar.org/a-z-guide/legitimate-military-targets/
Rowe, P. (2002). Response to Terror, The New War. 3 Melbourne Law Journal 301.
Conventions and UN Documents
UN Charter 19 Available at https://treaties.un.org/doc/publication/ctc/uncharter.pdf accessed 10 March 2017
Geneva Convention (I) For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, (International Committee of the Red Cross, 1952) Retrieved from https://www.loc.gov/rr/frd/Military_Law/pdf/GC_1949-I.pdf
Geneva Convention (III) Relative to the Treatment of Prisoners of War, 1949) Retrieved from https://ihl-databases.icrc.org/ihl/INTRO/375?OpenDocument
Protocol (I) Additional to the Geneva Conventions of 12 August 1949 Retrieved from http://www.wipo.int/wipolex/en/other_treaties/details_notes.jsp?treaty_id=281
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, Which may be deemed to be Excessively Injurious or to Have Indiscriminate Effects as Amended on 21 December 2001, Retrievedfrom http://unog.ch/80256EDD006B8954/(httpAssets)/40BDE99D98467348C12571DE0060141E/$file/CCW+text.pdf
Second Protocol to the Hague Convention for the Protection of Cultural Property, Article 1(f) International Committee of the Red Cross, Retrieved from https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule8
Security Council Resolution/RES/ 2170 (2014), Retrieved from https://www.un.org/press/en/2014/sc11520.doc.htm
Security Council Resolution/RES/1368 (2001), Retrieved from https://documents-dds-ny.un.org/doc/UNDOC/GEN/N01/533/82/PDF/N0153382.pdf?OpenElement
Security Council Resolution/RES/1373 (2001), Retrieved from https://documents-dds-ny.un.org/doc/UNDOC/GEN/N01/557/43/PDF/N0155743.pdf?OpenElement
Books and Chapters in Edited Books
Bing, J. (2006). Definition Terrorism in International Law. Oxford University Press.
Christian, W. (2003). Defining Terrorism in National and International Law. Heidelberg, Springer.
Dinah, P. (2002). Terrorism and Human Rights: The Legal Framework. In Terrorism and International Law: Challenges and Responses (Eds). International Institute of Humanitarian Law.
Ipsen, K. (2013). Combatants and Non-combatants. In D. Fleck (Eds). The Handbook of International Humanitarian Law. 3rd edn, Oxford University Press.
Kleffner, J. K. (2013). Scope of Application of International Humanitarian Law. In D. Fleck (Eds). The Handbook of International Humanitarian Law. 3rd edn, Oxford University Press.
International Criminal Tribunal for the former Yugoslavia (ICTY), Prosecutor v. Tadić, Judgment (Trial Chamber) (IT-94-1-T), 7 May 1999, 562
Nicaragua Case (1986) ICJ Reports 14 at 103
Contributions to collected works: Reports and Generic
American Bar Association Task Force on Terrorism and the Law Report and Recommendations on Military Commissions. (2002). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/leadership/military.authcheckdam.pdf
Foreign Fighter under International Law. (2014). Geneva Academy of International Humanitarian Law and Human Rights, NO7.
UK, Parliamentary Debates, House of Commons. (8 October 2001). vol 372, 835. Geoof Hoon, Secretary of State for Defense. Retrieved from https://www.publications.parliament.uk/pa/cm200102/cmhansrd/vo011008/debtext/11008-08.htm#11008-08_spnew12
International Committee of the Red Cross (ICRC). (2011). International Humanitarian Law and the Challenges of Contemporary Armed Conflicts. Report for the 31st Conference of the Red Cross and Red Crescent.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License [CC BY-NC-ND 4.0] that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
AJNU is committed to protecting the privacy of the users of this journal website. The names, personal particulars and e-mail addresses entered in this website will be used only for the stated purposes of this journal and will not be made available to third parties without the user's permission or due process. Users consent to receive communication from the AJNU for the stated purposes of the journal. Queries with regard to privacy may be directed to firstname.lastname@example.org.