Counter-terrorism Strategies in a Fragmented International Legal Order Meeting the Challenges

Introduction: the fragmented international legal response to terrorism;

Part I. Improving International Co-operation in the Investigation and Prosecution of Terrorist Acts:

1. A snapshot of international criminal justice co-operation in the fight against terrorism since 9/11;

2. Terrorist crimes and the Aut Dedere Aut Judicare obligation;

3. The need for a multilateral co-operative framework for mutual legal assistance;

4. The role of regional organisations in promoting co-operation on counter-terrorism matters: the European and African institutions in a comparative perspective;

5. Lessons of the European Arrest Warrant;

6. Intelligent co-operation versus evidence collection and dissemination;

7. International co-operation in counteracting terrorist financing;

8. The international regulation of the use of force: the politics of interpretative method;

Part II. The Use of Force against Terrorists:

9. The role of the UN Security Council in relation to the use of force against terrorists;

10. Self-defence against terrorists: the meaning of armed attack;

11. Anticipatory self-defence against terrorists;

12. The necessity and proportionality of anti-terrorist self-defence;

Part III. Intersection between International Human Rights Law and International Humanitarian Law in the Fight against Terrorism:

13. Armed conflict and terrorist organisations;

14. Extra-territorial application of the rights to life and personal liberty, including habeas corpus during situations of armed conflict;

15. Harmony or conflict? The interplay between human rights law and international humanitarian law in the fight against terrorism;

16. The legal regime governing treatment and procedural guarantees for persons detained in the fight against terrorism;

17. The legal regime governing the use of lethal force in the fight against terrorism;

18. The legal regime governing transfer of persons in the fight against terrorism;

19. Terrorism as a crime in international law and domestic law open issues;

20. All necessary measures? Reconciling international legal regimes governing peace and security and the protection of persons in the realm of counter-terrorism and international law;

Appendix: Leiden Policy Recommendations on Counter-terrorism and International Law.