Chapter Sixteen. International Law, The Sharia And International Terrorism: A Critical Assessment Of The Role Of Pakistan In The ‘War On Terror’

2003 ◽  
Vol 4 (8) ◽  
pp. 827-850 ◽  
Author(s):  
Stefan Kirchner

This year's 6th Joint Conference held by the American and Dutch Societies of International Law and organised by the T.M.C. Asser Institute in The Hague focused on the increasing importance of the role of non-state actors in international law and at the same time provided an opportunity for American and European lawyers to address recent differences between the U.S. and Europe, e.g. on the use of force in Iraq. Consequently one of the three major issues of the conference was the response to international terrorism, while other issues included the role of international organizations as well as transnational corporations in international law.


2016 ◽  
Vol 17 (2) ◽  
pp. 212-226
Author(s):  
Michael Humphrey

9/11 introduced a new phase in us foreign policy launching the war on terror. Integral to this new us global counterinsurgency was the use of torture as technique deployed to save us lives threatened by international terrorism. President George Bush’s declaration in 2001, ‘Either you are with us, or you are with the terrorists’ expresses the logic of counterinsurgency strategy to divide the world into friends and enemies. The division of the world into friends and enemies is based on asymmetrical counterconcepts based on the negation of the ‘Other’. This article argues that the legitimation of torture in the Cold War and Post 9/11 eras arises from imperial/global politics based on a counterinsurgency, terror and torture nexus. Through an analysis of the role of torture in Cold War us counterinsurgency policy in Latin America it argues that torture was a technique of governance to produce victims and forge new political subjectivities. In the Latin American dictatorships abduction, detention and secrecy created legal voids that allowed torture. Post 9/11 global counterinsurgency practices are differentiated between geographical zones identified as the zone of integration and zone of intervention. It is in the zone of intervention that torture has been deployed as a technique in which the distinction between civilian and terrorist has become blurred. It argues that Obama’s failure to close Guantánamo Bay prison as promised reveals that global counterinsurgency continues and that the issue of the us military or intelligence resort to torture remains live despite legal and political attempts to stop it.


2007 ◽  
Vol 61 (2) ◽  
pp. 220-238
Author(s):  
Ersun N. Kurtulus

The article presents a critical assessment of the widespread conceptualization of the June 1967 War between Israel and its neighboring Arab states as a pre-emptive war both in academic and non-academic writing. Tracing the origins of the notion of pre-emptive war to international law, the article identifies three necessary conditions for such a war to be classified as pre-emptive: acute crisis combined with high alert levels; vulnerable offensive weapons; and strategic parity as regards to offensive capabilities. On the basis of a re-interpretation of the evidence produced by previous research, this article argues that the circumstances surrounding the Six Day War did not fulfill some of these necessary conditions. This conclusion also is supported by evidence related to the Israeli decision to launch a first strike.


Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”


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