By Bulent Gokay, R.B.J. Walker
In a finished examine of the realm considering September eleventh, 2001, the members to this quantity provide a chain of views on present safety developments. the students who participated during this examine are from Europe, North the United States and Asia.
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Extra resources for 11 September 2001 War, Terror and Judgement
Human Rights Committee: General Comment No. 29, On States of Emergency. 48. For expressions of disquiet emanating from NGOs and concerned individuals worldwide, see the article by Senator Joseph Lieberman, The Washington Post, 2 January 2002. 28 11 SEPTEMBER 2001 49. For an examination of the tribunals, see Jordan Paust, ‘Military Commissions: Some Perhaps Illegal, But Most Unwise’, on Jurist website, 14 November 2001. 50. Convention on Offences and Certain other Acts Committed on Board Aircraft 1963 (The Tokyo Convention); Convention for the Unlawful Seizure of Aircraft, 1970 (The Hague Convention); Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1971 (The Montreal Convention); Protocol on the Suppression of Unlawful Violence at Airports, etc.
62 Some elements of the ‘rapprochement’ have already unravelled—notably that of Iran, relegated from supporter of anti-Taliban action to an object of vilification in President Bush’s Manichean discourses on the ‘Axis of Evil’. The Multilateral Spirit In terms of legal principle, there is already discussion of whether the events have ‘modified’ customary law. 64 The process continues, and minds will not be set at rest by the present course of events. Changes promoted by a single state or group of states do not meet the test of consensus that is a necessary condition for a change of international principle.
In turn, how could the United States claim that its ‘war’ was universally justifiable? The third question to address thus concerns whether the ‘war’ the USA resorted to as a means to attain the generally justifiable goal of antiterrorism can be considered to be generally justifiable. ’ This judgment is valid so far as a conflict between states is concerned. But a large-scale terrorist attack like the 11 September incident is of a different kind of conflict not envisaged by the UN Charter. Nonetheless, the United States, while claiming that this was a ‘new type of war’, invoked the ‘old’ conventional provision of ‘individual self-defense’, as did its NATO allies citing the traditional concept of ‘collective defense’ in order to legalize and legitimize their actions.
11 September 2001 War, Terror and Judgement by Bulent Gokay, R.B.J. Walker