Recent legal responses to international terrorism have been unprecedented and, in certain instances, controversial. Challenges for the legal community, especially scholars, are to explore alternatives and recommend measures within a legal framework to solve this multi-faceted problem. Contributors to this important book have accepted and risen to this challenge. They describe and provide a comprehensive and insightful analysis of the pertinent domestic, bilateral, regional and international legal developments in the war against terrorism. Subjects covered include Terrorism, International Law and International Organizations; The U.N. in the War Against International Terrorism; Lawful and Unlawful Wars Against Terrorism; The Threat of Nuclear Terrorism; Detention of Terrorists As Unlawful Combatants and Their Trial by American Military Tribunals; and much more. The authors include distinguished legal scholars and award winning jurists and practitioners, among them Peter Kovacs, Mary Ellen O'Connell, Larry D. Johnson, Robert Hardaway, Christopher Hardaway, James Siegesmund, Spencer J. Corona, Neal A. Richardson, Claude d'Estree, James A. R. Nafziger, Ronald R. Robinson, and Ved P. Nanda. Published under the Transnational Publishers imprint.

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

As a response to recent global terrorist activities, The International Bar Association (IBA) established a Task Force on International Terrorism which has examined the problems of modern terrorism from the perspective of the rule of law and international law and practice. In its recent report, reproduced here, The Task Force analyses the impact of recent terrorist events on international law and the response by both individual states and the international community. It explores areas of law which need to be further developed and promotes the fundamental values underpinning the international legal system. The report suggests means by which the international community can co-operate to deter, prevent and bring to justice the perpetrators of terrorist acts. Published under the Transnational Publishers imprint.

This book finds its origins in a transatlantic colloquium held in the European Parliament in Brussels in May 2002. After an introductory overview of the US and European responses to 9/11 it addresses the main legal aspects of the fight against international terrorism, namely police and judicial cooperation (including mutual legal assistance, extradition and the role of entities like Europol and Eurojust), financial initiatives (e.g. by the UN Security Council, the FATF and the EU), human rights and rule of law issues (such as trial by military commissions, detention of alleged unlawful combatants and others, state of emergency derogations, due process, the death penalty and privacy) and international law aspects (inter alia self-defence, the application of international humanitarian law, prisoner of war status, the role of the UN, in particular the Security Council, sanctions and the negotiations on a comprehensive convention on combating terrorism). Each topic is considered from a US and from a European perspective.

This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental and nongovernmental source relating to the prevention and suppression of terrorism. The collection constitutes a valuable research tool for academics and also for those concerned with implementing instruments to combat terrorism.

Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.

A Theory of International Terrorism studies Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. These contexts have shaped a global ontology of Islamic terrorism, which asserts that puritan Islam is inherently violent and Muslim militants are addicted to carnage. This ontology is significantly changing international law. It defends the preemptive war on terror and disregards civil liberties, prescribing extra-judicial killings, torture, renditions, indefinite detentions, and numerous other human rights violations. These normative shifts are considered inevitable to suppress Muslim militants. Questioning these shifts, the book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter. It also argues that terrorism cannot be eradicated unless the Nation-State evolves into the Free State, a concept developed in The Extinction of Nation-States (1996) and A Theory of Universal Democracy (2003). Universities, governments, and international organizations will find this book a source of valuable information.

This book pinpoints the opportunities and the gaps in the legal system as it applies to political violence.

The scale and horror of recent terror attacks and the panic which ensued throughout the world has forced policy-makers and international lawyers to re-examine international legal tools available to enforce norms against terrorism. The magnitude of the attacks, the modalities of the operations, the profiles of the terrorists and the transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism. Due to this perception, governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism, freezing assets of terrorist organizations, and promulgating national security measures designed to protect the State against would be terrorists. This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism. Contributions from leading experts in international law examine, among others, questions relating to the proper role of international law in combating terrorism, the legality of covert operations against terrorism, whether the law of armed conflict can be applied to the "war against terror", domestic anti-terror laws and their compatibility with human rights standards, and how to regulate the internet to prevent terrorist usage. In addition, the ways in which States can co-operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon. The interplay between different layers of legal authority at international, regional and domestic levels is also subject to review. This thorough examination of the array of legal means at the international community's disposal to enforce norms against terrorism will allow readers to appreciate the real challenges that terrorism and the responses to it pose to the international legal system.