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    Ives-Allison, Nicole D. 2014. Visual rehumanisation: torture and terror inIn the Name of the FatherandFifty Dead Men Walking. Critical Studies on Terrorism, Vol. 7, Issue. 2, p. 205.


    Hoewer, Melanie 2013. UN Resolution 1325 in Ireland: Limitations and Opportunities of the International Framework on Women, Peace and Security. Irish Political Studies, Vol. 28, Issue. 3, p. 450.


    Aolàin, Fionnuala Ni 2007. The No-Gaps Approach to Parallel Application in the Context of the War on Terror.. Israel Law Review, Vol. 40, Issue. 02, p. 563.


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  • International and Comparative Law Quarterly, Volume 54, Issue 2
  • April 2005, pp. 321-356

‘WARS ON TERROR’ AND VICARIOUS HEGEMONS: THE UK, INTERNATIONAL LAW, AND THE NORTHERN IRELAND CONFLICT

Abstract

The hegemonic position of the United States, and its implication for international law, are rapidly emerging as sites of intense scholarly interest.1 It is a truism that the fall of the Berlin wall has been followed by a period of unprecedented American predominance in the military, economic, and political spheres. Replacing the bi-polar certainties of the Cold War is a world in flux, dominated, to a significant extent, by one remaining superpower, or, in the words of the former French Foreign Minister, Hubert Vedrine, by a ‘hyperpower’. 2 Some though, have emphasised the continuing importance of other loci of (lesser) power in a ‘uni-multipolar’ world.3 That this domination posed critical questions for international law was obvious well before the 9/11 atrocities, as the debate over NATO's use of force in Kosovo illustrated. Since the invasions of Afghanistan and Iraq, and with the global ‘war on terror’ reaching into ever-increasing spheres, the debate has intensified significantly.

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see M Byers and G Nolte (eds) United States Hegemony and the Foundations of International Law (CUPCambridge2003) (hereafter Byers & Nolte, Hegemony). Individual essays in the collection are referred to further below, as are some further contributions to the debate.

See also V Lowe The Iraq Crisis: What Now?’ (2003) 52 ICLQ 859;

MJ Glennon American Hegemony in an Unplanned World Order5 Journal of Conflict and Security Law (2000) 3;

R Foot , S Neil McFarlane , and M Mastanduno (eds) US Hegemony and International Organizations: The United States and Multilateral Institutions (OUPOxford2003),

S Huntington The Lonely Superpower’ (1999) 78 Foreign Affairs 35.

A Cassesse Terrorism is Also Disrupting Some Crucial Legal Categories of International Law’ (2001) 12 EJIL 993.

M Cox Bringing in the ‘International’: The IRA Cease-Fire and the End of the Cold War’ (1997) 73 International Affairs 671,

See C Campbell and I Connolly A Model for the ‘War Against Terrorism?’: Military Intervention in Northern Ireland and the 1970 Falls Curfew’ (2003) 30 JLS 341;

See C Campbell , F Ní Aoláin and C Harvey The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland’ (2003) 66 Modern Law Review 317 (hereafter Campbell et al, Frontiers).

See L Moir The Law of Internal Armed Conflict (CUPCambridge2002) 89 (hereafter Moir, Armed Conflict).

For a technically less convincing exploration of the subject see M Von Tangen Page Prisons, Peace and Terrorism: Penal Policy in the Reduction of Political Violence in Norihern Ireland, Italy and the Spanish Basque Country, 1968–97 (LondonMacmillan1998).

L Zegveld The Accountability of Armed Opposition Groups in International Law (CUPCambridge2002);

See T Meron and A Rosas A Declaration of Minimum Humanitarian Standards’ (1991) 85 AJIL 375. In 1994 an amended version of the document was adopted which received a degree of validation from both UN and OSCE mechanisms.

See O Eide , A Rosas , and T Meron Combating Lawlessness in Gray Zone Conflicts Through Minimum Humanitarian Standards’ (1995) 89 AJIL 215.

S Marks Civil Liberties in the Margin: the UK Derogation and the European Court of Human Rights’ (1995) 15 Oxford Journal of Legal Studies 85 (hereafter Marks, Civil Liberties).

H Tolley The Concealed Crack in the Citadel: The United Nations Commission on Human Rights’ Response to Confidential Communications’ (1984) 6 Human Rights Quarterly 420.

The text of the Principles can be found at (1985) 7 Human Rights Quarterly 3. For a discussion see Fitzpatrick, Human Rights at 68–70.

See also, C Bell , C Campbell and F Ní Aoláin Justice Discourses in Transition’ (2004) 13 Social and Legal Studies 1 305–28,

and F Ní Aoláin and C Campbell The Paradox of Transition in Conflicted Democracies’ (2005) 27 Human Rights Quarterly.

See Diane F Orentlicher Settling Accounts: the Duty to Prosecute Human Rights Violations of a Prior Regime’ (1991) 100 Yale Law Journal 2537.

see C Campbell Peace and the Laws of War: The Role of International Humanitarian Law in the Post-Conflict Environment’ (2000) 82 International Review of the Red Cross 627.

S Cohen States of Denial: Knowing about Atrocities and Suffering (PolityCambridge2001).

See, eg, R David Lustration Laws in Action: The Motives and Evaluation of Lustration Policy in the Czech Republic and Poland (1989–2001)’ (2003) 28 Law & Social Inquiry 2 387;

M Los Lustration and Truth Claims: Unfinished Revolutions in Central Europe’ (1995) 20 Law and Social Inquiry 1 117,

and Arthur L Stinchcombe Lustration as a Problem of the Social Basis of Constitutionalism’ (1995) 20 Law and Social Inquiry 1 245.

see P Akhavan Justice in the Hague, Peace in the Former Yugoslavia? A Commentary on the United Nations War Crimes Tribunal’ (1998) 20 Human Rights Quarterly 4 737.

S Cohen State Crimes of Previous Regimes: Knowledge, Accountability and the Policing of the Past’ (1995) 20 Law and Social Inquiry 7.

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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