Article

The 26/11 terrorist attacks and the application of the laws of armed conflict

Rishi Gulati

• ISIL yearbook of international humanitarian and refugee law, Vol. 10, 2010, p. 91-113

English

This paper considers whether the 26/11 terrorist attack carried out in Mumbai is capable of independently and/or in its overall context constituting an international armed conflict (IAC), thus triggering the application of international humanitarian law ? That question is answered by analyzing whether the facts of 26/11 are capable of satisfying the criteria necessary before a terrorist attack can be considered to of an IAC. The discussion makes its necesssary to briefly highlight any potential international responsibility for 26/11, and a consideration of the test relevant to determine whether a conflict is internationalized if an armed attack is carried out by private proxies. This paper only considers whether 26/11 constitutes an IAC. It does not consider the rules of international humanitarian law applicable should an IAC be in existence.

• ISIL yearbook of international humanitarian and refugee law / THE INDIAN SOCIETY OF INTERNATIONAL LAW
• ISIL yearbook of international humanitarian and refugee law [Vol. 10, 2010] / THE INDIAN SOCIETY OF INTERNATIONAL LAW