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

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

$72.00 USD

  • Date Published: September 2005
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511128301

$ 72.00 USD
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About the Authors
  • 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.

    • Provides clarity in an area where the legal debate is often politicized and the law presented as hopelessly confused. Although focused on the law, it does not presuppose legal knowledge
    • Broad scope: provides a comprehensive coverage of the range of legal issues raised by the 'war on terror' and their interconnections. Most other literature has taken a more fragmented approach
    • Will have continuing relevance. The legal framework chapters are relevant to terrorism and responses thereto in general, hence not as likely to date or to be backward looking only. The application sections contain scenarios that bring that law to life and help in the assessments of 9/11 and the lawfulness of the first few years of the 'war on terror' likely to preoccupy international discourse for some time to come.
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    Reviews & endorsements

    'The 'War on Terror' and the Framework of International Law is an excellent publication, providing a detailed, interesting and much needed analysis of the structure of applicable international law to the 'war on terror' which has followed the events of 11 September 2001. … The book is directed at practitioners and scholars but does not assume prior understanding of international law, while remaining engaging for those who have such knowledge. … Helen Duffy's work provides an excellent foundation for discussion and study of the legality of responses to terrorism …' Justice

    'Anyone … who wants to engage in debate about the lawfulness and effectiveness of this 'war' should be armed with this book - an essential weapon for victory.' International Affairs

    '… [the author] identifies areas of 'legitimate disagreement' and delivers lucid observations of the landscape of international law relevant to the struggle against terrorism … The book has plenty of footnotes and references, an extensive index and bibliography, and very helpful tables of cases and conventions. It is accessible to non-lawyers and yet highly relevant for legal scholars and practitioners. For anyone engaged with the legal challenges of countering terrorism, this book is a highly recommendable investment.' Journal of Peace Research

    'This book clarifies the difficult, confusing, and often politicised field of international law for readers without presupposed legal knowledge.' Forensic Science, Medicine, and Pathology

    'The book is a remarkable contribution to the study of terrorism-related issues. It is useful for both student and expert readers. It is accurate in establishing a clear legal framework and in dealing with the more practical and controversial issues. … Helen Duffy's book adds another important voice to the criticism of the continuous betray of the rule of law in the so called 'war on terror.' Criminal Law Forum

    '[A] void has now been filled by Duffy's book … her study firmly affirms the completeness and competence of international law. As she herself concludes; international law is perfectly capable of addressing situations like 9/11. The problem with international law in the 'war on terror' is not its obscurity or deficiency, but the lack of respect for the universality of its principles. … For lawyers dealing with cases directly related to counter-terrorism or similar issues, this publication can provide a good starting point for the research of sources of law. Above all however, this book serves as a strong call to policy-makers. Even, and especially, in times of crisis the law must serve as an underpinning for all state actions. Lawless action can only undermine the system which we are trying to protect.' Military Law and the Law of War Review

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    Product details

    • Date Published: September 2005
    • format: Adobe eBook Reader
    • isbn: 9780511128301
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Preface and acknowledgements
    1. Introduction
    Part I:
    2. 'Terrorism' in international law
    3. International responsibility and terrorism
    Part II:
    4. Criminal justice: the legal framework
    Addendum to 4. Criminal justice in practice post September 11
    5. Peaceful resolution of disputes and use of force: the legal framework
    Addendum to 5. The use of force post September 11
    Part III:
    6. International humanitarian law: the legal framework
    Addendum to 6. International humanitarian law and the 'war on terror'
    7. International human rights law: the legal framework
    Addendum to 7. Human rights and security post September 11
    8. Case study: Guantanamo Bay detentions under international human rights and humanitarian law
    9. Conclusion

  • Author

    Helen Duffy, Universiteit Leiden
    Helen Duffy runs 'Human Rights in Practice', an international law practice specialising in strategic human rights litigation in regional and international fora. She is Gieskes Professor of International Human Rights and Humanitarian Law at the Grotius Centre for International Legal Studies, Universiteit Leiden and Honorary Professor at the University of Glasgow. Helen's previous positions include as Legal Director of INTERIGHTS, Legal Officer at the International Criminal Tribunal for the former Yugoslavia, Counsel to Human Rights Watch, Legal Director of the Centre for Human Rights Legal Action (Guatemala), Legal Adviser to the UK Judicial 'Arms for Iraq' Inquiry and Legal Officer in the UK government legal service.

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