Research Handbook on International Law and Terrorism最新文献_第3页

Terrorism and international refugee law 恐怖主义和国际难民法

Research Handbook on International Law and Terrorism Pub Date : 2014-06-27 DOI: 10.4337/9780857938817.00036

G. Gilbert

引用次数: 3

Terrorism and the international law on the use of force 恐怖主义和关于使用武力的国际法

Research Handbook on International Law and Terrorism Pub Date : 2014-06-27 DOI: 10.4337/9780857938817.00020

M. Wood

引用次数: 1

Nuclear, chemical and biological terrorism in international law 国际法中的核、化学和生物恐怖主义

Research Handbook on International Law and Terrorism Pub Date : 2014-06-27 DOI: 10.4337/9780857938817.00013

D. Fidler

引用次数: 0

Terrorism and freedom of expression in international law 国际法中的恐怖主义和言论自由

Research Handbook on International Law and Terrorism Pub Date : 2014-06-27 DOI: 10.4337/9780857938817.00034

Y. Ronen

引用次数: 2

Terrorism and international humanitarian law 恐怖主义和国际人道主义法

Research Handbook on International Law and Terrorism Pub Date : 2014-02-11 DOI: 10.4337/9780857938817.00021

B. Saul

{"title":"Terrorism and international humanitarian law","authors":"B. Saul","doi":"10.4337/9780857938817.00021","DOIUrl":"https://doi.org/10.4337/9780857938817.00021","url":null,"abstract":"This chapter focuses on the threshold issue when international humanitarian law (IHL) applies to violence involving terrorism or terrorist groups, in the context of international or non-international armed conflicts. It discusses the particularly complex problem of ‘transnational’ violence and the geographical and temporal scope of hostilities. It then considers the legal consequences of the classification of conflicts, as regards targeting, detention, substantive criminal liabilities, and criminal trial procedure. Overall the challenge of terrorism has principally impelled a clarification of existing IHL norms but without generating terrorism-specific rules or refashioning IHL’s basic norms. Terrorists can be targeted for direct participation in hostilities; administratively detained where they are dangerous; and prosecuted for war crimes. Human rights law applies alongside the lex specialis of IHL to supplement its rules in certain areas, particularly as regards detention in non-international conflict. There is no need for any special status of ‘terrorist’ in IHL, which would only serve to diminish existing humanitarian protections. The chapter concludes with observations about the impact of international counter-terrorism law on the effectiveness of IHL, including its balance between military necessity and humanitarian protection.","PeriodicalId":296978,"journal":{"name":"Research Handbook on International Law and Terrorism","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116662919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Torture and counter-terrorism 酷刑和反恐

Research Handbook on International Law and Terrorism Pub Date : 2014-02-11 DOI: 10.4337/9780857938817.00031

B. Saul, M. Flanagan

{"title":"Torture and counter-terrorism","authors":"B. Saul, M. Flanagan","doi":"10.4337/9780857938817.00031","DOIUrl":"https://doi.org/10.4337/9780857938817.00031","url":null,"abstract":"Despite the international prohibition on torture and cruel, inhuman or degrading treatment, torture became more prevalent as a counter-terrorism instrument after the terrorist attacks of 11 September 2001. While torture is not new, the post-9/11 practice of torture exhibited its own distinctive characteristics. This chapter examines two key trends. First, the United States argued that aggressive or ‘enhanced’ interrogation techniques did not amount to torture or ill-treatment, despite fairly clear international legal authority to the contrary. Secondly, even where torture was prohibited, some state personnel acted in excess of their domestic legal authority in interrogating or detaining suspects. While sometimes dismissed as the misconduct of a few ‘bad apples’, their individual responsibility can only be understood in the light of the prevailing military and political institutional cultures generated by the ‘war on terror’ and the protection of the ‘homeland’. This chapter situates these practices within the international legal framework on torture and remedies for it. It concludes by examining efforts to secure accountability for US torture in the US, foreign courts, and international fora, in relation to both those who exceeded domestic legal authority and those who acted under the cover of it.","PeriodicalId":296978,"journal":{"name":"Research Handbook on International Law and Terrorism","volume":"160 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121399522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Terrorism and human rights 恐怖主义与人权

Research Handbook on International Law and Terrorism Pub Date : 2007-09-07 DOI: 10.4337/9781788972222.00030

M. Brčić

{"title":"Terrorism and human rights","authors":"M. Brčić","doi":"10.4337/9781788972222.00030","DOIUrl":"https://doi.org/10.4337/9781788972222.00030","url":null,"abstract":"Today in a global world, terrorism seems to be closer then ever. On daily basis we can hear, watch or read about some new attack, some new threat or some new victims of terrorism. The whole world is pervaded with fear and unsafe expecting terrorist attack, though never knowing where and when. Terrorism is known as a method of surprise. Today it does not surprise anymore and that is the most frightening thing about it. Terrorism has become a part of our lives and we are already used to live with it. Long time ago institutions and army have started fight against terrorism but after September the eleventh fight it has culminated because USA, as a leader of west liberal democracy, has declared war against terrorism. Terrorists and terrorist organizations anti – west disposed, as target have symbols, institutions and citizens of liberal democratic states. Using innocent victims as a method to approach their goals terrorists are showing that they do not respect human dignity or any human rights. From that point of view, we can believe that fight against terrorism is a fight for human rights, for human dignity and for all those ideals in which liberal democracy has its root. In contemporary world, fight against terrorism leaves deep mark on the democratic institutions and on the democratic process. Every individual, being a part of liberal and democratic society is potential victim of some terrorist attack but in the same time is a victim of the control and “liberating from freedom” that has been done by legal, liberal and democratic political authority.","PeriodicalId":296978,"journal":{"name":"Research Handbook on International Law and Terrorism","volume":"9 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126101029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The draft United Nations Comprehensive Convention on International Terrorism 联合国关于国际恐怖主义的全面公约草案

Research Handbook on International Law and Terrorism Pub Date : 1900-01-01 DOI: 10.4337/9781788972222.00016

Amrith Rohan Perera

引用次数: 0

The definition(s) of terrorism in international law 国际法中恐怖主义的定义

Research Handbook on International Law and Terrorism Pub Date : 1900-01-01 DOI: 10.4337/9781788972222.00008

M. D. Di Filippo

引用次数: 1

The International Convention for the Suppression of Terrorist Bombings 《制止恐怖主义爆炸国际公约》

Research Handbook on International Law and Terrorism Pub Date : 1900-01-01 DOI: 10.4337/9781788972222.00015

Samuel M. Witten

引用次数: 0