The acts of lawlessness committed on September 11, 2001 have been followed by a 'war on terror'. This book considers the law relevant to assessing how such terrorist' acts should be understood in legal terms, which responses to them are permissible and how those responses are to be pursued. It considers some of the actions that have unfolded since 9/11 (military intervention, law enforcement initiatives, human rights restrictions and abuse) prompting questions as to the 'war on terror's lawfulness. The volume clearly designates areas of international law where interest has escalated beyond traditional academic legal circles.
Preface and acknowledgements; 1. Introduction; Part I: 2. 'Terrorism' in international law; 3. International responsibility and terrorism; Part II: 4. Criminal justice: the legal framework; Addendum to 4. Criminal justice in practice post September 11; 5. Peaceful resolution of disputes and use of force: the legal framework; Addendum to 5. The use of force post September 11; Part III: 6. International humanitarian law: the legal framework; Addendum to 6. International humanitarian law and the 'war on terror'; 7. International human rights law: the legal framework; Addendum to 7. Human rights and security post September 11; 8. Case study: Guantanamo Bay detentions under international human rights and humanitarian law; 9. Conclusion; Bibliography; Index.
Duffy, an international lawyer, analyzes the international legal response to the 9/11 terrorist attack on the US with a focus on human rights. She introduces the reader to the basics of international law through a presentation of the sources of the discipline. The author's overall argument is that while terrorism presents a complex challenge to established governments, international law is a reasonable and rational response to this challenge. Abandoning international law will mean an eroding of other international norms of acceptable behavior.
"Helen Duffy...has authored a magnificent overview of international law as it addresses terrorism...The 'War on Terror' and the Framework of International Law is an important contribution to an understanding of what the war on terror has become and what it could have been had international law been followed." - The Law and Politics Book Review, David Schultz