The honest and balanced approach, combined with scholarly rigour and comprehensive analysis, renders this book a valuable contribution to both practitioners and academics alike, and will undoubtedly prove to be a most useful resource in the years to come.
- Nathan Derejko, Journal of Conflict & Security Law
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
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
An analysis of the legal questions raised by the phenomenon of terrorism and the efforts to fight it from the perspective of international humanitarian law.
A useful tool for practitioners and academics as well as those in military and political circles.
The book's easy-to-read style also makes it accessible to those new to this interesting and topical subject.
Rigorous scholarship embracing all things public international law from the doctrinal to the theoretical.
This series contains monographs on all aspects of public international law, embracing a broad range of approaches, from the technical and doctrinal to theoretical and speculative. Titles in the series explore both general questions of international law and the subject's more specialist fields and offer perspectives from international lawyers at all stages in their research careers.
Produktdetaljer
Biografisk notat
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.