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• Title:International humanitarian law and terrorism / Andrea Bianchi and Yasmin Naqvi.
  
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• Author/Creator:Bianchi, Andrea, 1963 July 4-
  
• Other Contributors/Collections:Naqvi, Yasmin.
  
• Published/Created:Oxford ; Portland, Or. : Hart, 2011.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KZ6471 .B53 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Humanitarian law.
  Terrorism (International law)
  War crimes.
  
• Medical Subjects: War Crimes
  
• Description:l, 403 pages ; 24 cm.
  
• Series:Studies in international law (Oxford, England) ; v. 34.
  
• Summary: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.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781849461375
  1849461376
  
• Contents:Machine generated contents note: 1. Changing Phenomenology of War and Terrorism
  I. War and the Use of Terrorist Tactics
  A. Wars Involving Non-state Actors
  B. Terrorism as a Tactic of Warfare
  II. Legal Regulation of War and the Problem of Terrorism
  A. Concept of War and the Legal Regulation thereof (Jus ad Bellum)
  i. History of the Jus ad Bellum
  ii. Use of Force under the UN Charter
  a. Armed Attack by a Terrorist Group: Security Council Resolution 1368 (2001) and the Right to Self-defence against Non-state Actors
  b. Armed Attacks Against `Failed' States
  c. Anticipatory or Preventive Self-defence Against Potential Terrorist Threats
  iii. Redefining the Notion of War
  B. How Jus in Bello Considerations led to Defining a State of Armed Conflict
  i. History of the Jus in Bello
  ii. Defining Armed Conflict: the Quest for Objective Criteria
  a. Identification of Parties
  b. Connection to Territory
  c. Relation of a Terrorist Attack to an Existing Armed Conflict
  d. Beginning and End Points of Armed Conflict
  e. Intensity of Hostilities
  iii. Anti-terror Conventions and IHL
  III. States of Emergency and Terrorist Threat
  A. Distinguishing a State of Emergency from a State of Necessity
  B. States of Emergency under Human Rights Treaties
  i. Scope of the Notion of States of Emergency
  ii. Proportionality Test to Assess Derogations
  iii. Non-derogable Rights
  iv. Procedural Obligations
  C. Interrelationship between Applicable Rules of IHL and Human Rights Law During States of Emergency
  IV. Conclusion
  2. International Armed Conflicts
  I. Introduction
  II. Traditional Paradigm: the Geneva Conventions and Additional Protocol I
  A. Armed Conflict Requirement
  B. State Involvement
  III. Recent practice
  A. Extraterritorial Enforcement Operations and Uses of Force in Situations Short of Armed Conflict
  B. Use of Armed Force in a Foreign State's Territory not Controlled by that State
  C. Occupation
  IV. Conclusion
  3. Non-international Armed Conflicts
  I. Introduction
  II. Changing Context of Internal Violence and the Use of Terrorism by Non-state Actors
  III. Common Article 3 of the Geneva Conventions of 1949
  A. Scope of Application
  B. Drafting History of Common Article 3
  C. Definition of Armed Conflict in the Geneva Convention's Preparatory Works
  D. Tadic Criteria for Armed Conflict and their Influence on Subsequent Practice
  E. Interpretation of Common Article 3 by the United States Supreme Court in Hamdan
  F. Use of Force by Organs of the State as a Means to Distinguish Armed Conflict
  G. `International Concern' as a Criterion for Establishing an Armed Conflict
  H. Interpretation of the Scope of Application of Common Article 3 and its Underlying Stakes
  I. Minimum Standards of Humanity Applicable in all Circumstances
  IV. Additional Protocol II Armed Conflicts
  A. Material Field of Application
  B. Scope of Application of Article 1(1)
  i. Conflict Involving the Armed Forces and Dissident Armed Forces or other Organised Armed Groups
  ii. Requirement of Responsible Command
  iii. Requirement to Control Territory
  iv. Requirement for Military Operations to be `Sustained'
  v. Ability to Implement Humanitarian Protections
  C. Practice
  i. Chechnya
  ii. Colombia
  iii. Conclusions
  4. Conduct of Hostilities and Terrorist and Counter-terrorist Acts
  I. Basic Rules and Principles of the Law of The Hague
  A. Status of Unprivileged Combatants
  II. Means and Methods of Warfare
  A. Means of Warfare
  B. Methods of Warfare
  III. Protection of the Civilian Population
  A. Immunity of the Civilian Population from Attack
  i. Direct Participation in Hostilities
  ii. Applying the Principle of Distinction to Non-State Actors
  iii. Weapon Technology: `Non-lethal' Weapons and the Use of Drones in Counter-terrorist Operations
  B. Definition of Military Objective and the Principle of Proportionality
  C. Prohibition of Attacks Intended to Spread Terror
  D. Terrorism vs Guerrilla Warfare
  E. Prohibition of Using Civilian Shields
  F. Precautionary Measures
  IV. Reciprocity
  5. Individual Criminal Responsibility for Acts of Terror or Terrorism
  I. Terrorism as a War Crime
  A. Historical Background
  B. Recognition of Terrorism as a War Crime Post-Nuremburg
  C. Galic Judgments of the ICTY
  i. Trial Chamber Judgment
  ii. Appeals Chamber Judgment
  D. Assessing the Galic Precedent in Terms of its Determination of Customary International Law
  E. Meaning of `Terror'
  F. Jurisprudence of the Special Court for Sierra Leone
  i. Brima, Kamara and Kanu Judgments (AFRC Case)
  ii. Fofana and Kondewa Judgments (CDF Case)
  iii. Sesay, Kallon and Gbao Judgments (RUF Case)
  G. US Military Commission Act
  II. Terrorism as a Crime Against Humanity
  A. Historical Background
  B. Elements of the Crime and the Meaning of a `Widespread or Systematic Attack'
  C. Requirement of an Attack upon the `Civilian Population'
  III. Terrorism as Genocide
  A. Use of Terror to Commit Genocide
  IV. Terrorism as a Crime of Aggression
  V. Terrorism as an International Crime per se
  A. Rationale for International Terrorism to be Recognised as a Discrete International Crime
  B. Definition of International Terrorism
  i. Generic versus Enumerated Acts Approach
  ii. Requirement of an `International' Element
  iii. Whether a Political Motive is Relevant
  iv. Relationship with International Humanitarian Law
  C. International Terrorism as a Crime under Customary International Law
  6. Status, Detention and Treatment of Terrorist Suspects
  I. Status
  A. Combatants
  B. Civilians
  II. Status upon Capture
  A. Prisoners of War
  B. Civilian Detainees and Internees
  i. International Armed Conflict (IAC)
  ii. Non-international Armed Conflict (NIAC)
  III. Treatment/Detention
  A. Apprehension and Arrest
  i. Prisoners of War
  ii. Civilian Detainees and Internees
  B. Transfer
  i. Prisoners of War
  ii. Civilian Detainees and Internees
  a. IAC
  b. NIAC
  IV. Detention
  A. Grounds for Detention
  i. Prisoners of War
  ii. Civilian Detainees and Internees
  a. IAC
  b. NIAC
  B. Treatment While Detained
  i. Prisoners of War
  a. General Rules on Treatment
  b. Rules on Interrogation
  c. Judicial Proceedings
  ii. Civilian Detainees and Internees
  a. IAC
  1. General Rules on Treatment
  2. Rules on Interrogation
  a. Judicial Proceedings
  b. NIAC
  1. General Rules on Treatment
  2. Rules on Interrogation
  3. Judicial Proceedings
  C. End of Detention/Repatriation
  i. Prisoners of War
  ii. Civilian Detainees and Internees
  a. IAC
  b. NIAC
  V. Concluding Remarks
  7. Scope for Revision of IHL for the Regulation of Terrorism and Terrorist Acts.