International Laws and Terrorism Analytical Essay by scribbler

International Laws and Terrorism
A review of the bodies of legislation governing international warfare and an analysis of their relation to terrorism and the more modern idea of war.
# 153479 | 2,612 words | 5 sources | APA | 2013 | US


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Description:

This paper discusses how terrorism poses a new form of warfare that is more brutal, that fails to follow the rules of fairness and that has a more obscure enemy, and considers how this modern form of warfare impacts the fair and equitable application of rules governing war. The paper looks at the "Hamdi v. Rumsfeld" case that challenged the rights of one of a combatant against the United States and questions whether international rules need to be adjusted to reflect a new type of warfare. The paper then discusses how Rumsfeld is accused of not obeying the Geneva Convention in his ordered treatment of suspected terrorist prisoners, however, the paper notes that if the combatants were not following the rules themselves pertaining to the conduct of war, then Rumsfeld did not have to follow the rules either. The paper therefore argues that regardless of how horrible the treatment of prisoners at Guantanamo Bay might seem to humanitarians, they were not being treated in violation of the Geneva Convention. The paper concludes that instead of adopting a new set of general laws, what is needed is a set of laws or additions to the current body of laws that more clearly defines what is considered terrorism and what is considered to be legitimate warfare.

Outline:
Hamdi v. Rumsfeld
Geneva Conventions and the New World at War
Do We Need A New Set of Laws?

From the Paper:

"Most would agree that peace and negotiation is preferable over war. However, we as humans, know that this dreamy ideology is often difficult to achieve. War is a part of human history and will be likely to continue to be far into the future. International laws recognize the inevitability of war and have adopted several sets of international legislation that govern the conduct of war. If a person is caught breaking these rules, even under the most hostile of situations, they can be tried for war crimes and punished accordingly. Legislation such as the Hague Rules of Warfare and the Geneva Convention were enacted when war was a different matter than it is today. This research will explore these bodies of legislation and their relation to terrorism and the more modern idea of 'wars of liberation'.
"Laws of war set forth the conditions under which it is acceptable to wage war and set certain limits on the conduct of those who feel that their war is justified. Several of the issues cited in the law include the declaration of war, surrender, the treatment of prisoners, and the prohibition of certain weapons. The purpose of these laws is primarily humanitarian in nature and to protect those who are innocent from being the targets of undue violence. These laws are set forth to protect both those who are fighting and those who are innocent bystanders."

Sample of Sources Used:

  • Babington, C. & Abramowitz, M. (2006). U.S. Shifts Policy on Geneva Conventions. Washington Post. July 12, 2006 p. A01. Retrieved May 10, 2011 from http://www.washingtonpost.com/wp-dyn/content/article/2006/07/11/AR2006071100094.html
  • Hamdi Et Al. V. Rumsfeld, Secretary Of Defense, et al.(2004)542 U.S. 507 Retrieved May 10, 2011 from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-6696&friend
  • Lapkin, T. (2004). Does Human Rights Law Apply to Terrorists? Middle East Quarterly. Fall 2004. pp. 3-13.
  • Welsh, S. (2006). Excerpt from Detainee Treatment Act of 2005, contained within FY 2006 Defense Authorization Act, Public Law 109-163, 119 Stat. 3135, 3475-76, Jan. 6, 2006. Retrieved May 10, 2011 from http://www.cdi.org/program/document.cfm?DocumentID=3661
  • Williams, JB. (2006). Terrorism, Security and Geneva. JB-Williams.com. Retrieved May 10, 2011 from http://jb-williams.com/11-27-06.htm

Cite this Analytical Essay:

APA Format

International Laws and Terrorism (2013, June 04) Retrieved May 25, 2019, from https://www.academon.com/analytical-essay/international-laws-and-terrorism-153479/

MLA Format

"International Laws and Terrorism" 04 June 2013. Web. 25 May. 2019. <https://www.academon.com/analytical-essay/international-laws-and-terrorism-153479/>

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