Yearbook of International Humanitarian Law - 2001, Volume 4; Volume 2001Avril McDonald, John Dugard, William Fenrick, Hans-Peter Gasser, Christopher Greenwood, Hortensia Gutierrez Posse Cambridge University Press, 2011 M01 7 - 850 pages The defining moments of 2001, the terrorist attacks of September 11 against the UnitedStatesofAmerica, markedaturningpointininternational lawandrelations. Bytheirscaleandaudaciousness, overnighttheyhelpedtopropeltheissueofint- national terrorism to the top of the international security agenda and particularly that of the USA, with consequences for many branches of international law, including the jus ad bellum, the jus in bello, international law relating to terrorism, international human rights law and international criminal law, that were just beginning to be felt as the year closed. The September 11 attacks were immediately characterised by the United States 3 as an act of war, an armed attack on such ascale asto constitute an armed conflict. Its immediate response was to declare a so-called 'Global War on Terrorism'. Avowedly acting in self-defense, on 7 October the US launched armed attacks against Afghanistan, notbecause Afghanistan wasconsidered tobelegally resp- sible for the September 11 attacks but for harbouring and refusing to surrender members of Al Qaeda, including its leader, Osama Bin Laden, and refusing to dismantle terrorist training camps. Although the main target of the attacks was Al Qaeda, the armed conflict that ensued was an international armed conflict between the US and its allies and the state of Afghanistan, notwithstanding that the US never recognised the Taleban as the government of Afghanistan. |
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Contents
P G Danchin 3 | 32 |
The Normative Software | 53 |
The Purposes | 87 |
Twentyfive Years after the Adoption of Additional Protocol | 129 |
The Evolving Jurisprudence and Practice of East Timors Special Panels | 167 |
Shaping the Twilight Zone | 213 |
The Year in Review | 255 |
International Humanitarian Law the Prohibition of Terrorist Acts and | 329 |
The Conference of High Contracting Parties to The Fourth Geneva | 389 |
The Second Review Conference of the 1980 Convention on Certain | 406 |
The Control System Under the Hague Convention for the Protection of Cultural | 419 |
CORRESPONDENTS REPORTS | 435 |
DOCUMENTATION | 516 |
Classification Scheme | 645 |
779 | |
TABLE OF CASES | 801 |
The Moscow Hostage Crisis in the Light of the Armed Conflict in Chechnya | 348 |
The ICJs Judgment in the Case Concerning the Arrest Warrant of 11 April | 373 |
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accused Additional Protocol Afghan Afghanistan amended Appeals Chamber application armed forces arms and light Authority Chechnya Chemical civilian population combat Commission committed Committee common Article computer network attack Constitution convicted crimes against humanity criminal law December decision defence detainees detention duress East Timor established Federal Fourth Geneva Convention genocide human rights Ibid ICC Statute ICRC ICTY Implementation indictment Indonesian INTERFET international armed conflicts International Criminal Court International Criminal Tribunal international humanitarian law international law issue Judge judgment jurisdiction justice Kosovo light weapons military Minister non-international armed conflicts November October offence Office operations Palestinian paras person police Procedure prohibition prosecution Prosecutor protection Protocol II punishment request resolution responsibility Revcon Rome Statute rules Security Council sentence small arms Somalia Special Panel superior orders supra Taliban target territory terrorism terrorist tion tional treaty Trial Chamber UNITAF United Nations UNTAET victims violations war crimes