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

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

Author: Larissa van den Herik; Nico Schrijver
Publisher: Cambridge University Press
ISBN: 9781107480100

Published In: January 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107025387

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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.

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