{"title":"The Status of A1 Qaeda/Taliban Detainees under the Geneva Conventions","authors":"","doi":"10.1163/9789004423169_008","DOIUrl":"https://doi.org/10.1163/9789004423169_008","url":null,"abstract":"","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"291 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122472984","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}
{"title":"Jus ad Bellum and International Terrorism","authors":"Rein Müllerson","doi":"10.1163/9789004219120_023","DOIUrl":"https://doi.org/10.1163/9789004219120_023","url":null,"abstract":"The central domain in international law is legal regulation of use of force. This chapter commences with an overview of how the attitude of international law towards the use of military force has reached the current stage. There is no consensus on how to deal with new global threats such as civil wars, humanitarian emergencies, international terrorism and proliferation of weapons of mass destruction, including into the hands of terrorists. The chapter concentrates on one of the two jus ad bellum paradigms of military responses to terrorist acts - the self-defence paradigm - leaving more or less aside the collective security paradigm. Terrorist attacks have some characteristics which traditional armed attacks, as a rule, do not have. The chapter discusses three such characteristics. Another specific feature of military responses to terrorist attacks arises from the link between terrorist organisations and States in the territory, or from the territory, they operate. Keywords:international law; international terrorism; jus ad bellum ; self-defence paradigm; terrorist organisations; use of force","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114816651","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}
{"title":"Incarceration of Unlawful Combatants Law, 5762-2002","authors":"","doi":"10.1163/9789004423169_012","DOIUrl":"https://doi.org/10.1163/9789004423169_012","url":null,"abstract":"\"unlawful combatant\" means a person who has participated either directly or indirectly in hostile acts against the State of Israel or is a member of a force perpetrating hostile acts against the State of Israel, where the conditions prescribed in Article 4 of the Third Geneva Convention of 12 August 1949 with respect to prisoners-of-war and granting prisoner-of-war status in international humanitarian law, do not apply to him;","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132252606","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}
{"title":"The Legal Case for Invading Iraq and Toppling Hussein","authors":"","doi":"10.1163/9789004423169_005","DOIUrl":"https://doi.org/10.1163/9789004423169_005","url":null,"abstract":"","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123325463","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}
{"title":"Unlawful Combatancy","authors":"Unlawful Combatancy","doi":"10.1163/9789004423169_007","DOIUrl":"https://doi.org/10.1163/9789004423169_007","url":null,"abstract":"nder the jus in bello, combatants are persons who are either members of the armed forces (except medical and religious personnel) or—irrespective of such membership—who take an active part in hostilities in an international armed conflict.2 The jus in bello posits a fundamental principle of distinction between combatants and non-combatants (i.e., civilians).3 The goal is to ensure in every feasible manner that inter-state armed conflicts be waged solely among the combatants of the belligerent parties. Lawful combatants can attack enemy combatants or military objectives, causing death, injury and destruction. By contrast, civilians are not allowed to participate in the","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116564666","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}
{"title":"The Laws of War in the War on Terror","authors":"A. Roberts","doi":"10.1163/9789004219120_022","DOIUrl":"https://doi.org/10.1163/9789004219120_022","url":null,"abstract":"The laws of war - the parts of international law explicitly applicable in armed conflict - have a major bearing on the \"war on terror\" proclaimed and initiated by the US following the attacks of 11 September 2001. They address a range of critical issues that perennially arise in campaigns against terrorist movements, including discrimination in targeting, protection of civilians, and status and treatment of prisoners. The laws of war have a scope of application that is not limited to wars between recognized States. The nature of the opposition, point to potential problems in the application of the laws of war in counter-terrorist operations. Although the great majority of prisoners taken in war viewed as qualifying for prisoner-of-war (PoW) status, in a counter-terrorist war, as in other armed conflicts, there are likely individuals and even whole classes of prisoner who do not meet the treaty-defined criteria for such status. Keywords:armed conflicts; laws of war; prisoner-of-war (PoW); terrorist; war on terror","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131533571","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}
{"title":"International Law and the War on Terrorism: The Road Ahead","authors":"J. Murphy","doi":"10.2139/SSRN.336260","DOIUrl":"https://doi.org/10.2139/SSRN.336260","url":null,"abstract":"With the victory over the Taliban and Al Qaeda in Afghanistan, it is time to give some thought to possible future challenges to international law and institutions posed by the \"war on terrorism.\" Since any effort at \"futurism\" necessarily involves an analysis of present trends, this paper attempts to identify the most salient trends in international terrorism and their impact on efforts to combat terrorism. Next it turns to two kinds of responses that have been employed in combating terrorism: the so-called antiterrorism conventions, at both the global and the regional levels, and the use of coercive measures, i.e., economic sanctions and the use of armed force. As to these measures, there is an effort to evaluate their strengths and weaknesses, especially in light of current trends, and to set forth some tentative proposals for improvement.","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130418926","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}
{"title":"Counter-Terrorism and the Use of Force in International Law","authors":"M. Schmitt","doi":"10.1163/9789004423169_003","DOIUrl":"https://doi.org/10.1163/9789004423169_003","url":null,"abstract":"Abstract : In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the \"jus ad bellum,\" that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124615618","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}
{"title":"Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti","authors":"Christopher W. Behan","doi":"10.1163/9789004423169_010","DOIUrl":"https://doi.org/10.1163/9789004423169_010","url":null,"abstract":"In \"Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti,\" Colonel (COL) Frederic Borch uses first hand accounts from JAG officers to tell the story of how the U.S. Army Judge Advocate General’s (JAG) Corps transformed from a garrison-type legal services in a deployed environment to a fully integrated part of the Army operational Team. The historical narratives track the metamorphosis, from Vietnam to operations in Haiti, of the Army Jag and the creation of operational law as it is implemented today.\"Judge Advocates in Combat\" is a valuable resource for Army lawyers, commanders, and anyone interested in the role of the JAG in modern operations. This book review discusses the strengths and weaknesses of Borch’s book analyzing the historical perspectives, first hand accounts, and ways in which Borch’s theme is ijavascript:void(0);nterwoven into the book.","PeriodicalId":440409,"journal":{"name":"Israel Yearbook on Human Rights, Volume 32 (2002)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115010983","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}