The fact that fundamental legal rules exist is based on an intuitive force and can. Thus, in this ongoing armed conflict, the united states has the authority under international law, and the responsibility to its citizens, to use force, including lethal force, to defend itself, including by targeting persons such as highlevel alqaeda leaders who are planning attacks. Human rights and the war on terror university of denver. The usled war on terror, especially the use of armed force in afghanistan, raises three questions. If, for example, september 11, 2001 was a crime and not war, then the laws of armed conflict do not apply to the actions of the united states and its allies against al qaeda and the taliban militia. New technology has, however, expanded the range of military and law. Us forces will comply with the law of war during military operations involving armed conflict, no matter how the conflict may be characterized under international law, and will comply with its principles and spirit during all other operations. In military operations involving action against terrorists, the relevance of the laws of war, often now called international humanitarian law. Unless otherwise stated, masculine pronouns apply to both men and women. Counterterrorism as armed conflict counterterrorism ethics. That might mean, for example, that it is illegal under. Counterterrorism, armed force and the laws of war items. Dr mahathir mohamad governed malaysia for 22 years 1981 2003, during which he wrote and received many letters from many world leaders.
In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. But something may still change because of an encounter. Corn is the presidential research professor of law at south texas college of law in houston texas, who retired in 2004 from the u. The letters presented in this volume by dr mahathir, tony blair, bill clinton, lee kuan yew, fidel castro and saddam hussein, among others argue the contrasting positions on bilateral and joint relations, globalisation, as well as wars. This book is unique, not only in terms of its multinational. Are the laws of war formally applicable to antiterrorist military operations. Counterterrorism forces expanded with the perceived growing threat of. The laws of war in the war on terror1 adam roberts2 introduction he laws of war the parts of international law explicitly applicable in armed conflicthave a major bearing on the war on terror proclaimed and initiated by the united states following the attacks of 11 september 2001.
Cote divoires teaching manual 2007 provides in book iii. Counterterrorism also spelled counterterrorism, also known as antiterrorism, incorporates the. An analysis of how the united states applies the law of armed conflict in the global war on. While these terms may largely be used interchangeably, for historical and contextual reasons, the law of war will be used in this publication. Professor corns teaching and scholarship focuses on the law of armed conflict, national security law, criminal law and procedure, and prosecutorial ethics. A short account of rape as weapon in war and armed conflicts. In military operations involving action against terrorists, the relevance of the laws of war, often now called international humanitarian law, is problematical.