1st Edition

Battling Terrorism Legal Perspectives on the use of Force and the War on Terror

By Jackson Nyamuya Maogoto Copyright 2005
    218 Pages
    by Routledge

    218 Pages
    by Routledge

    The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

    Acknowledgements, Introduction, 1. The Development of the Law Relating to the Use of Force in International Law, 2. Countering Terrorism: An Evaluation of the Law Enforcement and Conflict Management Approaches, 3. The Cold War Era: Terrorist Action and Reaction, 4. Jumping the Gun – An Old Problem as a Solution for New Threats? Afghanistan, Iraq and Beyond, 5. Striking the Enemy’s Lair: The War on Terror and State-sponsored Terrorism, 6. The War on Terror: Rattling International Law with Raw Power?, Select Bibliography, Index

    Biography

    Dr Jackson Maogoto is Lecturer in Law at the University of Newcastle, Australia. He is also affiliated with the Australian Institute of International Affairs, the American Society of International Law, the International Law Association (Australia Branch), and the Royal Institute of International Affairs.

    'Dr Maogoto examines a matter of complexity but writes with the assurance of a person in command of his subject and with a lightness of touch and lively turn of phrase that makes the book very readable. Being well documented and full of historical illustrations, the book will be welcomed by students of both law and international relations as an insight into the law, its shortcomings and practical implementation.' A.P.V. Rogers, University of Cambridge, UK 'This book successfully outlines and explains the challenges facing the international community, the role international law has played past and present, and the future of counter-terrorism.' Justice Journal 'Maogoto demonstrates an understanding of the complexities of modern terrorism and the legal and social confusion to which it gives rise.' Cambrian Law Review