International Legal Dimension of Terrorism


More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law.
This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism.
The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective.
In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.

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Biographical Note

Pablo Antonio Fernández-Sánchez is Professor of Public International Law and International Relations at the University of Seville (Spain), author and editor of many books and arcticles on Humanitarian Law, Human Rights, International Peace and Security and International Law, including “The New Challenges of Humanitarian Law in Armed Conflicts" (Nijhoff, 2005).

Table of contents

INTRODUCTION Manuel Chaves-González

I The Legal Theory of Terrorism
1. Terrorism and General Principles of International Law
Juan Antonio Carrillo-Salcedo
2. On the Need to Respect Democratic Principles to Combat Terrorism
Rafaâ Ben Achour
3. The Definition of Terrorism and International Law
Cástor Miguel Díaz-Barrado
4. The Fight Against Terrorism: Between the Reason of State and the Human Rights. Special Reference to Morocco
Youssef El Bouhairi
5. Terrorist Acts as Threats to International Peace and Security
Dr. Rosa Giles-Carnero
II International Responsibility and Terrorism
1. Politico-Legal Reflections on International Terrorism and Preclusions from Wrongfulness
Cesáreo Gutiérrez-Espada
2. Collective International Measures to Counter International Terrorism
Paz Andrés-Sáenz-de-Santa-María
3. Terrorism at Sea. The International Law Response
José Alberto Fernández-Rodera
4. The International Responsibility of EU in US “Extraordinary Renditions” of Suspected Terrorists
Nuria Arenas-Hidalgo
5. The Legislative Dynamics of International Law in Combating Terrorism, a Case-Study
Daniel García-San José
III The Prevention of Terrorist Acts
1. Legal Aspects of Counter-Terrorism & Intelligence in the Prevention of Terrorism
Clive Walker
2. Suppressing the Financing of Terrorism: Some Cases Pending before the Court of Justice of the European Communities
Juan Manuel Rodríguez-Cárcamo
3. Preventive Self-Defence against International Terrorism
Romualdo Bermejo-García
4. Police Cooperation on Nuclear, Radiological, Biological and Chemical Terrorism
Pedro Ríos-Calvo
5. From the Achille Lauro to the Present Day: An Assessment of the International Response to Preventing and Suppressing Terrorism at Sea
Rosario Domínguez-Matés
IV Terrorism and Armed Conflicts
1. The “War on Terrorism”
Yoram Dinstein
2. Combating Terrorism: An International Humanitarian Law Perspective
Manuel Pérez-González
3. Scope of Application, Perpetrators of Terror, and International Humanitarian Law
Toni Pfanner
4. Combating Terrorism Through Enhancing Mutual Reinforcement Between International Humanitarian Law and Human Rights Law
Ibrahim Salama
V Regional Counter-terrorism
1. The European Union’s Response to Terrorism
Pablo Antonio Fernández-Sánchez
2. The Organisation of American States and the Fight against Terrorism
Enrique Lagos
3. The Arab and Islamic Conventions of the Fight against Terrorism
Saïd Ihrai
4. The European Union Anti-Terrorism Policy in Relation to other International Organizations
Carmela Pérez-Bernárdez
5. The Fight against Terrorism: International Human Rights Monitoring and Protection Organs
Ana Salado-Osuna
VI The Legal Limits to the Fight against Terrorism
1. Terrorism and the European Court of Human Rights
José Antonio Pastor-Ridruejo
2. Anti-Terrorist Measures in the Framework of Political Participation
Mónica Montero-Elena
3. Legal Limbo at Guantanamo Bay. Supreme Court v. Bush Administration: June 29th 2006 Decision
Ruth Abril-Stoffels
4. Terrorism, State of Emergency, and Derogation from Judicial Guarantees
Milena Costas-Trascasas

The Fight against the Terrorism and International Law
Claudio Zanghì
ANNEX. The Huelva Declaration for an Alliance of Civilizations against Terrorism

Index Card

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