International Humanitarian Law and Terrorism

1. Auflage 2011
ISBN: 978-1-84946-137-5
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 407 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 795 g

This book carefully and thoroughly analyses the legal questions raised by the phenomenon of terrorism, and past and recent efforts to fight it, from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, States. The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism.

The approach of the book is analytical and discursive, rather than prescriptive. Thus the reader will find the relevant rules of IHL and other legal regimes as regards terrorism, but also the debates over their application, the contradictions in State practice and the impact these may have upon IHL's evolution and implementation. The aim is to provide legal practitioners, as well as those in military, political and academic circles, with a useful reference point. Hopefully the book will also prove useful to other readers who will find its content and easy-to-read style an encouragement to getting acquainted with a topical subject, traditionally thought to be reserved for legal specialists.

This book was cited with approval by the US Court of Appeals in Salim Ahmed Hamdan v United States of America, 16th October 2012

Autoren/Hrsg.

Bianchi, Andrea

Naqvi, Yasmin

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Kriegsrecht, Territorialrecht, Humanitäres Recht
• Sozialwissenschaften Politikwissenschaft Politische Gewalt Terrorismus, Religiöser Fundamentalismus

Inhaltsverzeichnis

1 The Changing Phenomenology of War and Terrorism

2 International Armed Conflicts

3 Non-international Armed Conflicts

4 Conduct of Hostilities and Terrorist and Counter-terrorist Acts

5 Individual Criminal Responsibility for Acts of Terror or Terrorism

6 Status, Detention and Treatment of Terrorist Suspects

7 Scope for Revision of IHL for the Regulation of Terrorism and Terrorist Acts

Über Autor(innen)

Naqvi, Yasmin
Yasmin Naqvi is a Legal Officer in Chambers at the International Criminal Tribunal for the former Yugoslavia.

Bianchi, Andrea
Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva.

Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva.
Yasmin Naqvi is a Legal Officer in Chambers at the International Criminal Tribunal for the former Yugoslavia.