Can the principles of jus ad bellum and jus in bello be applied to the recently declared 'war on terrorism' ?

Nonfiction, Reference & Language, Law, International
Cover of the book Can the principles of jus ad bellum and jus in bello be applied to the recently declared 'war on terrorism' ? by Gabriel Vockel, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gabriel Vockel ISBN: 9783638588928
Publisher: GRIN Publishing Publication: January 7, 2007
Imprint: GRIN Publishing Language: English
Author: Gabriel Vockel
ISBN: 9783638588928
Publisher: GRIN Publishing
Publication: January 7, 2007
Imprint: GRIN Publishing
Language: English

Seminar paper from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Merit 68 %, Coventry University (Coventry Business School), course: University Course: War, Law and Morality, 60 entries in the bibliography, language: English, abstract: Much water has swirled around the rocks of the 'war on terrorism' in recent academic literature. Both political and strategic as well as legal analysts have delineated their views on how best the world community should tackle the phenomenon of terrorism. The clash of competing demands of civil liberties, international law and domestic security and whether or not violent responses to violence render both sides morally indistinguishable are only some of the difficult questions that the current debate is facing. It is often said, that the first casualty in 'war' is the truth, and the second is law. While, in the present conflict, it might be an exaggeration to declare thatsilent leges inter arma,the law has certainly been used as an instrument by many in the debate, and its clarity has become increasingly obfuscated in the process.1The discussions about the anti-terrorism-laws in the British House of Commons in the first months of 2005 are, again, highlighting the fact that very different views can be held as to how the laws, the government and the society should retort to terrorist threats. Such discussions, quite clearly, do not only occur in the domestic sphere but also on the international echelon. The numerous recent Security Council Resolutions issued during the debate revolving around terrorism are a case in point. In this short paper we wish to firstly outline a few issues of a more general nature, drawing attention to some terminological particularities of the 'war on terrorism' as well as some engaging moral aspects of the debate. Secondly, and being the main part of this paper, we will attempt to depict and analyse some of the aspects of both the 'jus ad bellum' and the 'jus in bello' in order to shed some light on the sometimes unclear legal situation regarding anti-terror measures. Methodologically, we will approach the core answer to the essay-question from two angles. One will consist of an investigation into selected prominent regulations and concepts of international law. The second will comprise the analysis of contemporary world experiences that might reflect a shift in the perception of international law on an international level. Certainly, we should keep in mind that we ought to avoid the temptation of muddying the water of clear analysis by deducing general insights from single cases.3However, in order to fully appreciate the impact of international law, the application to specific practical cases is indispensable.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Seminar paper from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Merit 68 %, Coventry University (Coventry Business School), course: University Course: War, Law and Morality, 60 entries in the bibliography, language: English, abstract: Much water has swirled around the rocks of the 'war on terrorism' in recent academic literature. Both political and strategic as well as legal analysts have delineated their views on how best the world community should tackle the phenomenon of terrorism. The clash of competing demands of civil liberties, international law and domestic security and whether or not violent responses to violence render both sides morally indistinguishable are only some of the difficult questions that the current debate is facing. It is often said, that the first casualty in 'war' is the truth, and the second is law. While, in the present conflict, it might be an exaggeration to declare thatsilent leges inter arma,the law has certainly been used as an instrument by many in the debate, and its clarity has become increasingly obfuscated in the process.1The discussions about the anti-terrorism-laws in the British House of Commons in the first months of 2005 are, again, highlighting the fact that very different views can be held as to how the laws, the government and the society should retort to terrorist threats. Such discussions, quite clearly, do not only occur in the domestic sphere but also on the international echelon. The numerous recent Security Council Resolutions issued during the debate revolving around terrorism are a case in point. In this short paper we wish to firstly outline a few issues of a more general nature, drawing attention to some terminological particularities of the 'war on terrorism' as well as some engaging moral aspects of the debate. Secondly, and being the main part of this paper, we will attempt to depict and analyse some of the aspects of both the 'jus ad bellum' and the 'jus in bello' in order to shed some light on the sometimes unclear legal situation regarding anti-terror measures. Methodologically, we will approach the core answer to the essay-question from two angles. One will consist of an investigation into selected prominent regulations and concepts of international law. The second will comprise the analysis of contemporary world experiences that might reflect a shift in the perception of international law on an international level. Certainly, we should keep in mind that we ought to avoid the temptation of muddying the water of clear analysis by deducing general insights from single cases.3However, in order to fully appreciate the impact of international law, the application to specific practical cases is indispensable.

More books from GRIN Publishing

Cover of the book 'As more Black Americans become middle income Americans the integrationist dream of the Civil Rights Movement has been substantially accomplished' - A discussion by Gabriel Vockel
Cover of the book Canadian-American relations by the example of the characters in David French's 'Jitters' by Gabriel Vockel
Cover of the book Ethnic Marketing for Turks in Germany - Influences on the attitude towards Ethnic Marketing by Gabriel Vockel
Cover of the book Case Analysis RealNetworks - RealNetworks still hot in business? by Gabriel Vockel
Cover of the book Bewertung des disruptiven Potenzials einer 'high-end'-Markteindringung am Beispiel des Unternehmens Amyris by Gabriel Vockel
Cover of the book The Historical Development of 'Food Regimes' and Their Influence on the World's Economy by Gabriel Vockel
Cover of the book Economical situation of Thuringia - Representation and reality by Gabriel Vockel
Cover of the book The Critical Reception of Barack Obama in American Rap Music by Gabriel Vockel
Cover of the book The Bulgarian Financial Crisis of 1996-1997: A Crisis of Transition by Gabriel Vockel
Cover of the book Age as a Factor in Second Language Acquisition by Gabriel Vockel
Cover of the book Jürgen Döring's 'Kulturwandel bei den nordamerikanischen Plainsindianern'. An analysis of content, formal aspects and bibliographical background by Gabriel Vockel
Cover of the book Le relativisme et la métaphysique dans le conte philosophique 'Micromégas' de Voltaire by Gabriel Vockel
Cover of the book Der Expressionismus, die 'Brücke' und Karl Schmidt-Rottluff by Gabriel Vockel
Cover of the book J.R.R. Tolkien's Gandalf and Saruman in the tradition of Shakespeare's Prospero by Gabriel Vockel
Cover of the book Empirical Problems and Perspectives of Music-based Town and Metropolis Research by Gabriel Vockel
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy