Chapter

International humanitarian law and terrorism

Jean-Philippe Lavoyer

Making the voice of humanity heard

Leiden : M. Nijhoff, 2004

p. 255-270

English

This article aims to clarify the applicability of IHL to the so-called ‘war against terrorism’ in a post 9/11 world. The author highlights areas of tension that have resulted from the US invasion of Afghanistan, such as the legal status of al Qaeda members and, related to this, their access to prisoner-of-war (POW) protections. The author points out that this ‘war against terrorism’ is often equated with armed conflict, which might result in the application of IHL to situations that are beyond its scope. The author notes that the ‘war against terrorism’ does not easily fit into the existing categories of armed conflict recognized under the Geneva Conventions, and that many cases involving armed force are more appropriately dealt with under jus ad bellum. The author argues that the role of IHL in dealing with terrorism is and should be limited to situations of armed conflict that trigger jus in bello. The author concludes by arguing that the current state of IHL adequately responds to the needs arising in present-day armed conflicts. He nevertheless identifies specific areas of IHL that require further development, including the restriction and prohibition of particular weapons, the rules applicable to non-international conflicts, and proper compliance with IHL. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Making the voice of humanity heard : essays on humanitarian assistance and international humanitarian law in honour of HRH Princess Margriet of the Netherlands / ed. by Liesbeth Lijnzaad, Johanna van Sambeek and Bahia Tahzib-Lie ; associate ed. Cori