Battling Terrorism: Legal Perspectives on the use of Force and the War on Terror

by Maogoto,Jackson Nyamuya

• ISBN13: 9780754644071
• ISBN10: 0754644073
• Format: Hardcover
• Copyright: 2005-09-28
• Publisher: Routledge

Summary

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

Table of Contents

Acknowledgements	vii
Introduction	1	(10)
1 The Development of the Law Relating to the Use of Force in International Law	11	(40)
Introduction	11	(1)
The Modern Nation-state and the Entrenchment of Force and Terrorism	12	(2)
Use of Military Force and the Modern Nation-state	14	(7)
Unsteady Steps Towards Limiting Use of Military Force	21	(2)
The Era of the League of Nations	23	(4)
Force and the Regime of the UN Charter	27	(11)
Conclusion	38	(13)
2 Countering Terrorism: An Evaluation of the Law Enforcement and Conflict Management Approaches	51	(36)
Introduction	51	(1)
Counter-terrorism Management Paradigms	52	(2)
Terrorism and the UN: An Ambivalent Relationship	54	(3)
Anatomy of Terrorism	57	(3)
The Law Enforcement Paradigm: Terrorism as a Crime	60	(5)
The Use of Non-lethal Military Force: Apprehension of Terrorists in International Space	65	(1)
The Conflict Management Paradigm: Terrorists as Warriors	66	(9)
Conclusion	75	(12)
3 The Cold War Era: Terrorist Action and Reaction	87	(24)
Introduction	87	(1)
Use of Military to Counter Terrorism: Putting Life into the Scarecrow	88	(5)
A Legal Quagmire: Use of Force as a Counter-terrorism Measure	93	(5)
Use of Non-lethal Military Force: Justice by Stealth?	98	(5)
Conclusion	103	(8)
4 Jumping the Gun – An Old Problem as a Solution for New Threats? Afghanistan, Iraq and Beyond	111	(40)
Introduction	111	(2)
Proactive Counter-terrorism Policy	113	(2)
September 11, 2001: Crossing the Rubicon	115	(4)
Anchoring the Attacks on Afghanistan and Iraq	119	(6)
Murky Legal Waters: The Use of Force as a Counter-terrorism Measure in Light of the UN Charter	125	(9)
Conclusion	134	(17)
5 Striking the Enemy's Lair: The War on Terror and State-sponsored Terrorism	151	(32)
Introduction	151	(2)
State Responsibility	153	(7)
Use of Force and State-sponsored Terrorism	160	(11)
Conclusion	171	(12)
6 The War on Terror: Rattling International Law with Raw Power?	183	(14)
Introduction	183	(1)
A Step Back in Time	184	(2)
Changing Gear Without Engaging International Law	186	(1)
Marginalizing the UN and International Law?	187	(3)
The Future	190	(2)
Conclusion	192	(5)
Select Bibliography	197	(8)
Index	205