Enforcing International Law Norms Against Terrorism

The scale and horror of recent terror attacks and the panic which ensued throughout the world has forced policy-makers and international lawyers to re-examine international legal tools available to enforce norms against terrorism. The magnitude of the attacks, the modalities of the operations, the profiles of the terrorists and the transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism. Due to this perception, governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism, freezing assets of terrorist organizations, and promulgating national security measures designed to protect the State against would be terrorists.

This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism. Contributions from leading experts in international law examine, among others, questions relating to the proper role of international law in combating terrorism, the legality of covert operations against terrorism, whether the law of armed conflict can be applied to the "war against terror", domestic anti-terror laws and their compatibility with human rights standards, and how to regulate the internet to prevent terrorist usage. In addition, how States can co-operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon. The interplay between different layers of legal authority at international, regional, and domestic levels is also subject to review. This thorough examination of the array of legal means at the international community's disposal to enforce norms against terrorism will allow readers to appreciate the real challenges that terrorism and the responses to it pose to the international legal system.

The Proper Role of International Law in Combating Terrorism
Georges Abi-Saab
Part I - Terrorism and the International Legal System: The Alleged Inadequacy of International Law and the Quest for an Effective Response
1. State Sponsors of Terrorism: Issues of International Responsibility
Pierre-Marie Dupuy
2.The Legality of Covert Operations Against Terrorism in Foreign States
Natalino Ronzitti
3. The War against Terrorism and Jus in Bello: Are the Geneva Conventions Out of Date?
Luigi Condorelli and Yasmin Naqvi
4.The Treatment of Terrorist Suspects Captured Abroad: Human Rights and Humanitarian Law
Silvia Borelli
5. Arresting Terrorism: Criminal Jurisdiction and International Relations
Madeline Morris
Part II - Global, Regional and National Responses to Terrorism: The Interplay between Different Layers of Legal Authority
6. The UN Security Council and International Terrorism
Bardo Fassbender
7. Countering Catastrophic Terrorism: An American View
Ruth Wedgwood
8. The Action of the European Union to Combat International Terrorism
August Reinisch
9. Fighting Against International Terrorism: The Latin American Response
Michelangela Scalabrino
Part III - International Terrorism as an Individual Crime: Jurisdictional Issues, Human Rights Standards and Beyond
10. Terrorism as an International Crime
Antonio Cassese
11. The Exercise of Criminal Jurisdiction over International Terrorists
Robert Kolb
12. Terrorism, National Measures and International Supervision
Andrew Clapham
13. National Courts and the 'War on Terrorism'
Eyal Benvenisti
14. The Rendition of Terrorist Suspects to the United States: Human Rights and the Limits of International Cooperation
Silvia Borelli
Part IV - International Terrorism and Economic Activities: Old and New Challenges for International Law Enforcement Mechanisms
15. Freezing the Assets of International Terrorist Organisations
Luca G Radicati di Brozolo and Mauro Megliani
16. The Fight Against the Financing of Terrorism between Judicial and Regulatory Cooperation
Anna Gardella
17. The Internet and Terrorist Activities
Ugo Draetta
18.Cyberterrorism: A New Challenge for International Law
Richard Garnett and Paul Clarke
Part V - Conclusions
19. Enforcing International Law Norms Against Terrorism: Achievements and Prospects
Andrea Bianchi