This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror.
Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment.
This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.
1. Introduction: Policy Challenges to International Law, Security and Ethics in the Post-9/11 World Andy Mumford and Natasha Kuhrt Part 1: Framing the Issue 2. Terrorism, Security and International Law Nigel White 3. Al Qaeda and Networked International Insurgency Andy Mumford 4. Ethical and Legal Reasoning about War in a Time of Terror James Connelly and Don Carrick Part 2: International Law and Security 5. Law and War in the Global War on Terror Rachel Kerr and James Gow 6. Security, Discretion and International Law Aidan Hehir 7. The Human Security Agenda after 9/11: From Humanitarian Intervention to Peacebuilding Natasha Kuhrt Part 3: Self Defence 8. Principles of Pre-Emption: a Commentary on Issues and Scenarios for Self-Defence in the 21st Century James Gow 9. Who Killed the Right to Self-Defence? Thomas Jones 10. Computer Network Attacks, Self-Defence and International Law Elaine Korzak 11. Conclusion: War, Law and Ethics Aidan Hehir