Counter-Terrorism Strategies in a Fragmented International Legal Order

Larissa van den Herik is Professor of Public International Law at the Grotius Centre for International Legal Studies, Leiden University. Nico Schrijver is Chair of Public International Law and Academic Director at the Grotius Centre for International Legal Studies, Leiden University.

An exploration of the relationship between different branches of international law and their applicability to terrorism.

Introduction: the fragmented international legal response to terrorism; Part I. Improving International Co-operation in the Investigation and Prosecution of Terrorist Acts: 1. A snapshot of international criminal justice co-operation in the fight against terrorism since 9/11; 2. Terrorist crimes and the Aut Dedere Aut Judicare obligation; 3. The need for a multilateral co-operative framework for mutual legal assistance; 4. The role of regional organisations in promoting co-operation on counter-terrorism matters: the European and African institutions in a comparative perspective; 5. Lessons of the European Arrest Warrant; 6. Intelligent co-operation versus evidence collection and dissemination; 7. International co-operation in counteracting terrorist financing; 8. The international regulation of the use of force: the politics of interpretative method; Part II. The Use of Force against Terrorists: 9. The role of the UN Security Council in relation to the use of force against terrorists; 10. Self-defence against terrorists: the meaning of armed attack; 11. Anticipatory self-defence against terrorists; 12. The necessity and proportionality of anti-terrorist self-defence; Part III. Intersection between International Human Rights Law and International Humanitarian Law in the Fight against Terrorism: 13. Armed conflict and terrorist organisations; 14. Extra-territorial application of the rights to life and personal liberty, including habeas corpus during situations of armed conflict; 15. Harmony or conflict? The interplay between human rights law and international humanitarian law in the fight against terrorism; 16. The legal regime governing treatment and procedural guarantees for persons detained in the fight against terrorism; 17. The legal regime governing the use of lethal force in the fight against terrorism; 18. The legal regime governing transfer of persons in the fight against terrorism; 19. Terrorism as a crime in international law and domestic law open issues; 20. All necessary measures? Reconciling international legal regimes governing peace and security and the protection of persons in the realm of counter-terrorism and international law; Appendix: Leiden Policy Recommendations on Counter-terrorism and International Law.