By R. Higgins
The proliferation in terrorist task has provoked a rise within the physique of legislation, either at nationwide and overseas point, which has sought to counter and forestall it. The our bodies curious about this procedure diversity from the UN safeguard Council to govt legislatures. This e-book is the 1st to deal with, in a single quantity, the big variety of responses to terrorism as they exist in either foreign and household contexts. It additionally represents the 1st ever entire choice of files relating terrorism that are to be present in the legislation of the united kingdom and France in addition to in overseas law.Terrorism and overseas legislations includes contributions via 13 recognized specialists within the parts of overseas, French and united kingdom legislation, and is split into 4 major sections: foreign cooperation opposed to terrorism, the French and British responses to terrorism, the bounds of nation motion and a documentary complement. The participants have sought to teach how foreign and household legislations can be utilized jointly to wrestle the multi-faceted difficulties which terrorism increases. the problem of human rights can also be mentioned with specific connection with the jurisprudence of the ecu fee and courtroom of Human Rights. The fourth documentary part of the ebook presents insurance of foreign treaties, UN resolutions, united kingdom and French laws, case-law and legitimate statements on the subject of terrorism.This ebook offers a useful resource of observation and reference fabric within the quarter of terrorism and foreign and family legislations with the intention to be beneficial for practitioners, diplomats, scholars and academics.
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Individual attacks often target diplomats or public figures as representatives of the State; media 30 Maurice Flory 31 personalities to impact on public opinion; academics and scientists to denounce intellectual patronizing and cultural colonialism; or again industrialists, seen as representing economic imperialism. States facing this problem have two means of action: criminal repression of terrorists, or a political approach which depends on diplomacy and cooperation. These two methods rest on different philosophical grounds.
Thus in the Hague Convention of 1971 for the Suppression of Unlawful Seizure of Aircraft,33 States undertook to make the offence punishable by severer penalties and to establish its jurisdiction when the offence is committed on board an aircraft registered in the State, or on board an aircraft which lands in the State. The Convention neither provided for, nor excluded, jurisdiction on the basis of the nationality or passive personality principles. 35 This technique of aut punire aut dedere has come to be the classic formula of such treaties for ensuring that there is the broadest possibility for the offender being brought to trial.
E. against civilians), or prohibited means of force. 6 Action by non-State actors entailing either prohibited targets or prohibited means. 7 Connivance in, or a failure to control, such non-state action. This 28 Introductory engages the indirect responsibility of the State, and is subsumed under ‘State terrorism’. Item (6) above does not at first sight come within the scope of international law, which is largely concerned with the norms that govern the behaviour of States. But it has become a matter for international legal concern because of the concept of ‘international crimes’ and the possibility, under international law, of international jurisdiction over them.
Terrorism and International Law by R. Higgins