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Study On The Regulation Of Cross-border Anti-terrorism Under International Humanitarian Law

Posted on:2023-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HuangFull Text:PDF
GTID:2556307037473994Subject:Military law
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Since the terrorist attacks of September 11,terrorism has become a serious problem worldwide.The challenges posed by terrorism to states and societies are daunting in terms of both scale and complexity.The indiscriminate targeting of innocent civilians in terrorist attacks poses a challenge to the very foundations of human civilisation and human interaction.Many countries and regional organisations immediately enacted new legislation to help prevent future acts of terrorism,and the international community has all begun to step up its efforts to combat international terrorism.In response to the September 11 attacks,there was also a degree of legitimisation of the use of cross-border force to counter terrorism,in order to eliminate the terrorism that posed such a serious threat to the current international social order.However,cross-border anti-terrorism operations have slowly become an elaborate smokescreen for certain powers to pursue larger geopolitical agendas,including controlling global oil reserves,increasing defence spending,expanding international military presence,and responding to strategic challenges posed by various regional powers.On top of the fact that terrorism has not been effectively contained but has instead intensified,a new set of humanitarian crises has emerged.With regime change in several countries and the advent of a new era of terrorism,today’s cross-border anti-terrorism and security situation will also face increased uncertainty.It is therefore necessary to examine these phenomena in the context of international humanitarian law and to clarify the relevant issues.This article is divided into five parts,with the exception of the concluding remarks.The first part of the paper is the introduction,which focuses on the background and significance of the topic chosen,the literature review,the research methodology and the relevant innovation points of the paper.The second part of the paper takes the analysis of the concepts of "terrorism" and "cross-border anti-terrorism" as the starting point,analyses the current controversy among many scholars on the definition of "terrorism",constantly revisits the factors that constitute terrorism in view of the rapidly developing events such as bioterrorism and cyber-terrorism,and creatively proposes a general approach to the definition,and analyses its manifestations to conclude that terrorism involves the use or threat of violence and its attacks The third part examines the application of international humanitarian law to cross-border anti-terrorism,starting with an examination of the existing legal rules of international humanitarian law relating to cross-border anti-terrorism,and looking at the legal rules applicable to cross-border anti-terrorism in the context of international armed conflict and those applicable to cross-border anti-terrorism in the context of non-international armed conflict,respectively.The fourth part,by focusing on typical cases in cross-border anti-terrorism,such as the Guantanamo prisoner abuse incident and the targeted killing of Sulaymaniyah,discusses the problems faced by the basic principles and doctrines of international humanitarian law in the process of cross-border anti-terrorism.In the fifth part,the challenges to the basic principles and theories of international humanitarian law and the difficulties in their application are addressed,while in the fifth part,specific proposals are made for the improvement of the norms and implementation of international humanitarian law and the implementation and monitoring mechanisms of international humanitarian law.
Keywords/Search Tags:Terrorism, Cross-border Anti-terrorism, Right to Self-defense, International Humanitarian Law, Armed Conflict
PDF Full Text Request
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