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Counter-Terrorism and International Law
Ashgate Publishing, February 2012, Pages: 592
The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
-Part I History: Countering terrorism: a historical perspective, Adam Roberts.
-Part II Defining Terrorism: The multifaceted criminal notion of terrorism in international law, Antonio Cassese; Defining the international public enemy: the political struggle behind the legal debate on international terrorism, Jörg Friedrichs; Definition of 'terrorism' in the UN Security Council: 1985–2004, Ben Saul.
-Part III Criminal Justice Approach: Legal control of international terrorism: a policy-oriented assessment, M.Cherif Bassiouni; Terrorism as a catalyst for the emergence, harmonization and reform of criminal law, Kimmo Nuotio; Countering nuclear terrorism: a conventional response, Christopher C. Joyner.
-Part IV War on Terror: The legal case against the global war on terror, Mary Ellen O'Connell; Targeted killing of suspected terrorists: extra-judicial executions or legitimate means of defence?, David Kretzmer.
-Part V International Institutional Approaches: You are the weakest link and we will help you. The comprehensive strategy of the United Nations to fight terrorism, Noëlle Quénivet; The legislative role of the Security Council in its fight against terrorism: legal, political and practical limits, Luis Miguel Hinojosa Martínez; The UN anti-terror sanctions regime under pressure, Helen Keller and Andreas Fischer.
-Part VI State Responses: Security detention, terrorism and the prevention imperative, John P. McLoughlin, Gregory P. Noone and Diana C. Noone; Guantanamo Bay: the legal black hole, Johan Steyn; Terrorism and the non-derogability of non-refoulement, Rene Bruin and Kees Wouters; Extraordinary rendition and the law of war, Ingrid Detter Frankopan.
-Part VII Judicial Responses: Decisions of international courts and tribunals: Yassin Abdullah Kadi, Paul James Cardwell, Duncan French and Nigel White; Human rights litigation and the 'war on terror', Helen Duffy; Al Qaeda, terrorism, and military commissions, Ruth Wedgewood; The case against military commissions, Harold Hongju Koh.
-Part VIII An Emerging Framework?: The emergence of terrorism as a distinct category of international law, Daniel Moeckli; The UN-led multilateral institutional response to jihadist terrorism: is a global counterterrorism body needed?, Eric Rosand; Name index.