International Humanitarian Law and Terrorism
This book carefully and thoroughly analyzes the legal questions raised by the phenomenon of terrorism - and past and recent efforts to fight it - from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism, as well as to analyze and contextualize the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, the States. The analysis of their actual conduct, as well as their expectations about the interpretation and application of the law, is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism. The approach of the book is analytical and discursive, examining the debates over the application of relevant IHL rules and other legal regimes, the contradictions in State practice, and the impact these may have upon IHL's evolution and implementation. It provides legal practitioners - as well as those in military, political, and academic circles - with a useful reference point. The book will also prove useful to readers who will find its content and easy-to-read style an encouragement to getting acquainted with a topical subject, traditionally thought to be reserved for legal specialists.
Publication Date: 7/1/2011