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Can the Law of Armed Conflict Survive 9/11?

Published online by Cambridge University Press:  08 August 2012

Charles Garraway
Affiliation:
University of Essex, Essex, UK e-mail: [email protected]
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Extract

For those of my generation, the question always used to be, “Can you remember where you were when you heard of Kennedy's assassination?” I can, but that question has now been replaced by “Can you remember where you were when you heard about the Twin Towers?” Again I can. But such earth shattering events have different effects. Whilst the Kennedy assassination led to a plethora of conspiracy theories, books and films, it did not have any effect on the international legal structure. “9/11”, on the other hand did. Although for many, the key issue is the strain placed on the laws of armed conflict, or international humanitarian law, to me “9/11” has challenged the very framework of international law itself, revealing a schism that has been there for some decades but which has been masked by other more demanding issues. I talk about the interrelationship between the law of war and the law of peace. Where does peace stop and war start and do the legal boundaries correspond?

Type
Forum: Reflections on 9/11 and IHL
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2011

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