The ‘War on Terror' and the Framework of International Law
Cambridge University Press
Edition: 2, 4/9/2015
EAN 9781107601727, ISBN10: 110760172X
Paperback, 1070 pages, 22.8 x 15.2 x 5.5 cm
Language: English
Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
1. Introduction
Part I. Terrorism and Responsibility
2. 'Terrorism' in international law
Part II. Responding to Terrorism
3. Legal framework and practice
4. Criminal justice
5. The use of force
6. International humanitarian law
7. International human rights law
Part III. Case Studies
8. Case study 1
Guantanamo Bay detentions under international human rights and humanitarian law
9. Case study 2
justice done? The killing of Osama bin Laden
10. Case study 3
extraordinary rendition
11. The role of the courts
human rights litigation in the war on terror
12. Conclusion.