Terrorism and the military : international legal implications /
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| Imprint: | The Hague : [Great Britain] : T.M.C. Asser, c2003. |
|---|---|
| Description: | xi, 226 p. ; 25 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5061069 |
Table of Contents:
- Preface
- Opening Session
- Opening of the Conference
- Opening Address
- Working Session 1. Ius ad Bellum
- Ius ad Bellum Aspects of the 'War on Terrorism'
- The Eleventh of September and the Right of Self-Defense
- 1.. Introduction
- 2.. The Applicability of the Law of Self-Defense to the Combating of International Terrorism
- 2.1. Applicability as a matter of legal principle
- 2.2. The attack of 11 September and the question of applicability of the law of self-defense
- 2.3. Proportionality and necessity criteria applied to the military response to the 11th of September
- 2.4. Anticipatory self-defense and the question of further steps in the war against terrorism
- 3.. Conclusions
- Discussion
- The Legality of Maritime Interception Operations within the Framework of Operation Enduring Freedom
- I.. Object and Purpose of Operation Enduring Freedom
- II.. Legality of Maritime Interception/Interdiction Operations
- 1.. Legal Basis of MIO
- 2.. Legal Restrictions
- Concluding Remarks
- Discussion
- Working Session 2. Ius in Bello
- Introduction
- The Laws of War in the War on Terror
- 1.. The laws of war
- Scope of application
- Ius ad bellum and ius in bello
- 2.. Counter-terrorist military operations
- 3.. War in Afghanistan
- Applicability of the laws of war to the armed conflict
- Bombing
- 4.. Prisoners
- Prison disasters in Afghanistan
- Legal status and treatment of prisoners generally
- Judicial proceedings
- 5.. Conclusions
- Terrorist Warfare and the Law of Armed Conflict: A Guide for the Theater Commander
- Introduction
- Targeting
- Rules of Engagement (ROE)
- Status of Captured Persons and Objects
- Countering Terrorism: Model Rules for Behaviour in Combat
- Code of Conduct (CC)
- Conclusion
- The Status of Unlawful Combatants
- Discussion
- Working Session 3. Criminal Law
- Terrorism as a Crime
- 1.. What Criminal Law can do
- The long-term fight
- Short-term measures
- Criminal Law
- 2.. Defining Terrorism
- Need for a Definition
- Problems of Finding a Proper Definition
- History
- Purpose
- Terrorist Organizations
- Domestic Provisions
- Concern
- 3.. Terrorism and the Core Crimes
- Terrorism not a Separate Crime
- Genocide
- Crimes against Humanity
- War Crimes
- Protected Persons
- 4.. Terrorism and Human Rights
- Flexibility
- Prosecuting Terrorism: The Quandaries of Criminal Jurisdiction and International Relations
- I.. The Dilemma
- A.. The Impetus to Internationalize
- B.. The ICC as an International Mechanism for the Prosecution of Terrorism
- II.. Is Internationalizing Enforcement Good Policy?
- III.. Conclusion
- Jurisdiction Over Crimes of Terrorism
- 1.. Jurisdiction of municipal courts over acts of terrorism committed by foreign nationals
- 2.. Jurisdiction of the International Criminal Court over non-State party-nationals
- 3.. Jurisdiction of the International Criminal Court and the problem of immunities of State agents
- 4.. Conclusion
- Discussion
- International Legal Cooperation: An Essential Tool in the War Against Terrorism
- Introduction
- The Egyptian Experience in the Fight Against Terrorism
- Background
- Efforts to Combat Terrorism in Egypt
- The Globalization of Terrorism
- Modalities of International Cooperation in Criminal Matters
- Bases for International Cooperation
- Extradition
- The Extraditable Offences Condition
- The Double Criminality Requirement
- Aut dedere aut judicare Doctrine
- Mutual Legal Assistance in Penal Matters
- Seizure and Forfeiture of Illicit Proceeds of Crime
- Recognition of Foreign Penal Judgments
- Transfer of Criminal Proceedings
- Transfer of Sentenced Persons
- Commentary
- Major Obstacles (Challenges) to International Cooperation
- Lack of an International Definition of Terrorism
- Main Obstacles to Extradition
- The Political Offences Exception
- The Death Penalty
- Military and Special Courts
- Enhancing International Cooperation in the Fight Against Terrorism
- The European Arrest Warrant
- The Arab Treaty on Terrorism
- Important Declarations of the Arab League
- The Duty to Cooperate in the Fight Against Terrorism
- Conclusion
- Detention and Due Process Under International Law
- I.. Introduction
- II.. Detention of Alleged Terrorists
- A.. In Times of Relative Peace
- B.. In Times of Armed Conflict
- III.. Combat Immunity
- IV.. Prosecution of Alleged Terrorists
- A.. Impermissible Discrimination
- B.. Right to Trial Before a Regularly Constituted, Competent, Independent, and Impartial Court
- C.. More Specific Problems With Proposed US Military Commissions
- Discussion
- Working Session 4. Syntheses
- Ius ad Bellum--Conlusions
- Ius in Bello--Conclusions
- Criminal Law--Conclusions
- Concluding Remarks--The Relationship Between Ius ad Bellum, Ius in Bello and International Criminal Law
- Discussion
- List of Abbreviations
- Subject Index
- Names Index
- Treaty Index
