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International Humanitarian Law a Decade after September 11: Developments and Perspectives

  • Dieter Fleck
Chapter
Part of the Yearbook of International Humanitarian Law book series (YIHL, volume 14)

Abstract

Addressing the challenges 9/11 has posed for international law as a law in transition, the Article reviews the applicability threshold for the principles and rules of international humanitarian law and discusses their relevance in the fight against terrorism. It also considers differences and similarities within the legal paradigms of law enforcement and the conduct of hostilities, comments on the importance of that difference in peacebuilding processes, and underlines the role of civil society in implementing relevant legal obligations. Stressing the need for a discussion on best practices rather than focussing on restrictive interpretations of existing obligations, the author recommends looking at law and policy in context. He underlines the importance of developing a jus post bellum and working on its proper structure, contents and implementation mechanisms as an evolving new legal framework.

Keywords

Security Council Armed Conflict Geneva Convention Political Advocacy Peace Operation 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

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Copyright information

© T.M.C. Asser Press, The Hague, and the author(s) 2012

Authors and Affiliations

  1. 1.International Agreements & Policy, Federal Ministry of DefenceCologneGermany
  2. 2.International Society for Military Law and the Law of WarCologneGermany
  3. 3.Amsterdam Center for International Law (ACIL)AmsterdamThe Netherlands

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