Enforcing International Law Norms Against Terrorism : Enforcing International Law Norms Against Terrorism

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Foreword

List of Contributors

Contents

Introduction

Part I: Terrorism and the International Legal System: The Alleged Inadequacy of International Law and the Quest for an Effective Response

1. State Sponsors of Terrorism: Issues of International Responsibility

I. WRONGFUL ACTS

II. WHAT RIGHTS DO VICTIM STATES HAVE?

2. The Legality of Covert Operations Against Terrorism in Foreign States

I. INTRODUCTION

II. COVERT OPERATIONS AND SELF-DEFENCE. III. COVERT OPERATIONS CARRIED OUT WITH THE CONSENT OF THE TERRITORIAL SOVEREIGN

IV. COVERT OPERATIONS AND THE LAW OF ARMED CONFLICT

V. COVERT OPERATIONS IN PEACETIME

VI. COVERT OPERATIONS AND ABDUCTION

VII. THE STATUS OF AGENTS CARRYING OUT COVERT OPERATIONS

VIII. CONCLUSION

3. The War Against Terrorism and Jus in Bello: Are the Geneva Conventions Out of Date?

I. INTRODUCTION

II. EXTANT RULES OF INTERNATIONAL HUMANITARIAN LAW RELATING TO TERRORISM

III. APPLICABILITY OF INTERNATIONAL HUMANITARIAN LAW TO THE "WAR ON TERROR." IV. DOES RESPECT FOR INTERNATIONAL HUMANITARIAN LAW HAMPER THE FIGHT AGAINST INTERNATIONAL TERRORISM?

V. CONCLUSION

4. The Treatment of Terrorist Suspects Captured Abroad: Human Rights and Humanitarian Law

I. INTRODUCTION

II. APPLICABILITY OF THE IUS IN BELLO TO THE AFGHAN CONFLICT

III. LEGAL STATUS OF THE GUANTANAMO DETAINEES

IV. CONSEQUENCES OF QUALIFICATION OF THE DETAINEES AS PROTECTED PERSONS

V. THE INTERPLAY OF HUMANITARIAN LAW AND HUMAN RIGHTS LAW

5. Arresting Terrorism: Criminal Jurisdiction and International Relations. I. THE IMPETUS TO INTERNATIONALIZE ENFORCEMENT

II. IS INTERNATIONALIZING ENFORCEMENT GOOD POLICY?

III. THE ICC AS AN INTERNATIONAL ENFORCEMENT MECHANISM

IV. CONCLUSION

Part II: Global, Regional and National Responses to Terrorism: The Interplay between Different Layers of Legal Authority

6. The UN Security Council and International Terrorism

I. INTRODUCTION

II. THE SECURITY COUNCIL'S REACTION TO THE ATTACKS OF SEPTEMBER 11TH AND ITS CONSEQUENCES FOR INTERNATIONAL LAW

III. PROSPECTS FOR FUTURE SECURITY COUNCIL ACTION AGAINST ACTS OF INTERNATIONAL TERRORISM. IV. THE PRECARIOUS AUTHORITY OF THE SECURITY COUNCIL

7. Countering Catastrophic Terrorism: An American View

8. The Action of the European Union to Combat International Terrorism

I. INTRODUCTION

II. IMMEDIATE AND GENERAL FOREIGN POLICY RESPONSES OF THE EU TO 11 SEPTEMBER 2001

III. MAIN ISSUES FOR EU ACTION ACCORDING TO SECURITY COUNCIL RESOLUTION 1373

9. Fighting Against International Terrorism: The Latin American Response

I.A DEFINITION OF TERRORISM

LATIN AMERICAN FEATURES: INTERNAL WAR, GUERRILLA TERRORISM

II. LATIN AMERICAN GENERAL INSTRUMENTS