POLI 359 Lecture Notes - Lecture 20: Aut Dedere Aut Judicare, Jus Ad Bellum, Legal Aid
22 Apr 2016
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Terrorism has been practiced for centuries - and states have been responding. There are treaties regulating terrorism: the objective to ensure there is no safe-haven in any of the other signatory countries o o. Create a new basis for extraterritorial conventions (quasi universal jurisdiction: aut dedere aut judicare obligation to prosecute or extradite , make convention activities crimes within domestic law o. Do not make terrorism an international crime: no specific definition and no universal jurisdiction because it is not an international crime. Jus ad bellum and the war on terror - rationale for the use of force in afghanistan. Jus ad bellum (legal justification) vs. conduct during war. Resolution condemning 9/11, the damage constituted use of force, but 1373 did not authorize force o. Taliban (non-legitimate) government attacked and asked for united states help (would make legitimate) but taliban had geographical control & thus de facto. They would not have invited the us: humanitarian intervention? (x)
