Counter-terrorism Strategies in a Fragmented International Legal Order

International Law

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

By Professor Larissa van den Herik
Cambridge University Press July 2013

Specifications

ISBN-13
9781107025387
Publisher
Cambridge University Press
Publication
July 2013
Format
Hardback , 794 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.

• The integrated approach explores the relationship between different branches of international law and their applicability to the problem of terrorism

• Combines academic perspectives with practitioners' insights, thereby offering both policy recommendations and authoritative expert interpretations and clarifications

• Concludes with a substantive set of policy recommendations

Table of Contents

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.

About the Author

Professor Larissa van den Herik
Universiteit Leiden

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