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Armed Conflict in the Wilderness of Humanitarian Law:. Edition No. 1

VDM Publishing House, Sep 2010, Pages: 128


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With the increase in the magnitude of the devastating effects of terrorist attacks encountered by the United States and other Western nations,there has been a change from law enforcement to an armed engagement in the method of handling such threats. This was especially clear immediately after the 9/11 incidents in the United States. Prior to those incidents counter terrorism was viewed as a matter of law enforcement. Since 9/11, however, the US and its allies have resorted to using pure armed measures with a view to quell such threats. The main theme of this book, then, is the question as to whether International Humanitarian Law (IHL) is applicable to the on going (counter-) terrorism. Admittedly, the issue is a divisive one. There is no consensus on the answers at various levels of the question. However, a close and careful analysis of the situation confirms that the situation qualifies as one of an armed conflict. Further analysis reveals that, (counter-) terrorism, because it does not fit into the traditional definition of armed conflict under IHL, it is not subject to the existing body of IHL.



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