Do We Need a New Legal Framework for Fighting Non-Conventional Wars? The International Law of War, Human Rights and the Global Fight Against Extremism and Terrorism

摘要

This paper examines the existing legal frameworkudfor fighting violent extremism and terrorism. Highlighting theudinherent limitations of the current International Law of War inuddealing with the growing challenges posed by terrorists andudviolent extremist groups, the paper discusses the problemudfacing military commanders, security agents, state actors andudthe international community in confronting extremist groupsudwhile upholding human rights values and respecting the law ofudwar. The paper poses the question as to whether the currentudlegal framework for dealing with extremist groups is sufficientudwithout contravening the essential provisions and ethos of theudInternational Law of War and Human Rights. Usingudexamples, the paper examines how extremist groups flagrantlyuddisregard the rule of law and disrespect human rights in theirudcampaign of terror. The paper also notes instances in whichudthe current Western strategy in fighting terrorism may beudviewed or considered as conflicting with human rights andudinternational law.