
Counter-Terrorism Strategies in a Fragmented International Legal Order
Meeting the Challenges
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Counter-Terrorism Strategies in a Fragmented International Legal Order
Meeting the Challenges
About this book
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.
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Information
Table of contents
- Cover
- Contents
- Notes on contributors
- Foreword
- Acknowledgements
- Abbreviations
- Table of Cases
- Table of Treaties and Un Resolutions
- 1 The fragmented international legal response to terrorism
- Part 1 Improving international cooperation in the investigation and prosecution of terrorist acts
- 2 A snapshot of international criminal justice cooperation against terrorism since 9/11
- 3 Terrorist crimes and the aut dedere aut judicare obligation
- 4 The need for a multilateral cooperative framework for mutual legal assistance
- 5 The role of regional organizations in promoting cooperation on counter-terrorism matters: the European and the African institutions in a comparative perspective
- 6 Lessons of the European Arrest Warrant
- 7 Intelligence cooperation versus evidence collection and dissemination
- 8 International cooperation in counteracting terrorist financing
- Part II The use of force against terrorists
- 9 The international regulation of the use of force: the politics of interpretative method
- 10 The role of the UN Security Council in relation to the use of force against terrorists
- 11 Self-defence against terrorists: the meaning of armed attack
- 12 Anticipatory self-defence against terrorists
- 13 The necessity and proportionality of anti-terrorist self-defence
- PART III Intersection between international human rights
- 14 Armed conflict and terrorist organizations
- 15 Extraterritorial application of the rights to life and personal liberty, including habeas corpus, during situations of armed conflict
- 16 Harmony or conflict? The interplay between human rights and humanitarian law in the fight against terrorism
- 17 The legal regime governing treatment and procedural guarantees for persons detained in the fight against terrorism
- 18 The legal regime governing the use of lethal force in the fight against terrorism
- 19 The legal regime governing transfer of persons in the fight against terrorism
- 20 Terrorism as a crime in international and domestic law: open issues
- 21 All necessary measures? Reconciling international legal regimes governing peace and security, and the protection of persons, in the realm of counter-terrorism
- Annex Leiden Policy Recommendations on Counter-Terrorism and International Law
- Index