Chapter

Confronting terrorism : human rights law, or the law of war ?

Juan Carlos Gómez Ramírez

Rethinking the law of armed conflict in an age of terrorism

Lanham [etc.] : Lexington Books, 2012

p. 215-227

English

Today, most wars faced by states are with enemies who, like criminals, operate in small groups and in ways that are nebulous and covert. Such enemies engage in armed actions within the civilian population and, more frequently, against them. Human rights law and international humanitarian law are the legal tools society currently uses to face any criminal or otherwise hostile manifestation. By some accounts, however, terrorists and their actions do not fit within or deserve the legal guarantees established by HR treaties and conventions, while yet not always meeting the minimum requirements for the application of IHL that permit and expand the possibility of use of force by states and international organizations to prevent and contain extremely hostile actions.

• Rethinking the law of armed conflict in an age of terrorism / Christopher A. Ford and Amichai Cohen