Yuval Shany
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780191001604
- eISBN:
- 9780191729447
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780191001604.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter surveys various developments and counter-developments of the first decade of the 21st century relating to identifying the governing legal paradigm of the ‘war against terror’. Part 1 ...
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This chapter surveys various developments and counter-developments of the first decade of the 21st century relating to identifying the governing legal paradigm of the ‘war against terror’. Part 1 describes the jurisdictional struggle between the two principal legal paradigms that purport to regulate the international fight against terror: the law enforcement and the armed conflict paradigms. Arguably, many disagreements concerning the lawfulness of specific counter-terrorism, such as targeted killings or detention without trial, are actually disagreements on the applicable legal framework and the stories on the nature of the threat of terrorism that is being offered. Part 2 considers the emergence of a mixed paradigm which borrows contents from both human rights law and humanitarian law. It argues that such normative crossover illustrates the difficulty of maintaining rigid paradigmatic distinctions in light of the complexities of the fight against terror; but also that some key differences in emphasis between the two paradigms nonetheless remain. Most significantly, it is argued that the development of a new mixed paradigm merely recontextualizes pre-existing jurisdictional struggles over the proper legal framework to govern the fight against terror. Part 3 concludes.Less
This chapter surveys various developments and counter-developments of the first decade of the 21st century relating to identifying the governing legal paradigm of the ‘war against terror’. Part 1 describes the jurisdictional struggle between the two principal legal paradigms that purport to regulate the international fight against terror: the law enforcement and the armed conflict paradigms. Arguably, many disagreements concerning the lawfulness of specific counter-terrorism, such as targeted killings or detention without trial, are actually disagreements on the applicable legal framework and the stories on the nature of the threat of terrorism that is being offered. Part 2 considers the emergence of a mixed paradigm which borrows contents from both human rights law and humanitarian law. It argues that such normative crossover illustrates the difficulty of maintaining rigid paradigmatic distinctions in light of the complexities of the fight against terror; but also that some key differences in emphasis between the two paradigms nonetheless remain. Most significantly, it is argued that the development of a new mixed paradigm merely recontextualizes pre-existing jurisdictional struggles over the proper legal framework to govern the fight against terror. Part 3 concludes.
Daniel Statman
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199646470
- eISBN:
- 9780191738975
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199646470.003.0004
- Subject:
- Law, Public International Law, Philosophy of Law
This chapter focuses on the morality of targeted killing (TK). Section II, against most common wisdom in the field, suggests that the notion of TK should be released from its association with the war ...
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This chapter focuses on the morality of targeted killing (TK). Section II, against most common wisdom in the field, suggests that the notion of TK should be released from its association with the war (or wars) against terror. Section III presents three interpretations of just war theory that will serve as the basis for the moral analysis of TK. Section IV turns to this analysis and shows how each of the three interpretations supports the practice of TK.Less
This chapter focuses on the morality of targeted killing (TK). Section II, against most common wisdom in the field, suggests that the notion of TK should be released from its association with the war (or wars) against terror. Section III presents three interpretations of just war theory that will serve as the basis for the moral analysis of TK. Section IV turns to this analysis and shows how each of the three interpretations supports the practice of TK.
Aryeh Neier
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135151
- eISBN:
- 9781400841875
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135151.001.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it ...
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During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, the book looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. It pays special attention to the period from the 1970s onward, and describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. The book argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and it demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, the book highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and considers the challenges to come.Less
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, the book looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. It pays special attention to the period from the 1970s onward, and describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. The book argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and it demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, the book highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and considers the challenges to come.
Daniel Friedmann
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780190278502
- eISBN:
- 9780190278533
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190278502.003.0001
- Subject:
- Law, Comparative Law, Legal History
This chapter presents the stormy beginnings of the Israeli state. On May 14, 1948, just a few hours before the end of the British Mandate over Palestine, David Ben-Gurion declared the establishment ...
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This chapter presents the stormy beginnings of the Israeli state. On May 14, 1948, just a few hours before the end of the British Mandate over Palestine, David Ben-Gurion declared the establishment of a Jewish state in the Land of Israel. The declaration was followed by invasion of the armies of Arab states surrounding Israel and despite its victories in the War of Independence, peace eluded the nation. The Provisional Council of State established the principle of legal continuity with British rule, as Israeli law culture has borrowed many of its basic principles from the British model. Jewish law, which was not consistent with the fundamental democratic principles on which the state had been founded, was therefore not adopted. However, Rabbinical Courts are granted exclusive jurisdiction over marriage and divorce in the Jewish community while Muslim, Druze, and Christian marriage and divorce are controlled by the state-sponsored religious courts of their respective communities.Less
This chapter presents the stormy beginnings of the Israeli state. On May 14, 1948, just a few hours before the end of the British Mandate over Palestine, David Ben-Gurion declared the establishment of a Jewish state in the Land of Israel. The declaration was followed by invasion of the armies of Arab states surrounding Israel and despite its victories in the War of Independence, peace eluded the nation. The Provisional Council of State established the principle of legal continuity with British rule, as Israeli law culture has borrowed many of its basic principles from the British model. Jewish law, which was not consistent with the fundamental democratic principles on which the state had been founded, was therefore not adopted. However, Rabbinical Courts are granted exclusive jurisdiction over marriage and divorce in the Jewish community while Muslim, Druze, and Christian marriage and divorce are controlled by the state-sponsored religious courts of their respective communities.
