Fighting terror within the law ? : terrorism, counterterrorism and military occupations
Author zone:
Marco Pertile
In:
War crimes and the conduct of hostilities : challenges to adjudication and investigation
Editor:
Cheltenham ; Northampton : E. Elgar, 2013
Physical description:
p. 276-292
Languages:
English
Abstract:
This article examines the relationship between the political dimensions of terrorism and the application of international humanitarian law (IHL) in situations of belligerent occupation through two case studies: Iraq after the 2003 Anglo-American invasion and the occupation of the Palestinian Territories (OPT). With respect to the OPT, the author focuses on the use of the classification of ‘unlawful combatants’ to strip individuals of certain protections that a combatant would receive, such as prisoner of war status. Additionally, the author explores the role of ‘settlers’ in the OPT and how the HCJ uses acts of terror as evidence of armed conflict to justify the applicability of IHL. The author argues that the occupation of Iraq presents more complex case study as the situation involves diverse groups terrorizing the population, with an aim to preventing cooperation in establishment of a new government. The author also elaborates how the occupying powers breached the Hague Convention rules regulating public order in occupied territories and engages with the rights violations of alleged terrorists in Iraq who have been detained. Overall, the author concludes that political discourse impacts IHL and the interaction between legal and non-legal aspects of terrorism results in a complex relationship with IHL during asymmetrical warfare. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more