VICTIMHOOD IN OUR NEIGHBORHOOD: TERRORIST CRIME, TALIBAN GUILT, AND THE ASYMMETRIES OF THE INTERNATIONAL LEGAL ORDER
In: North Carolina Law Review, Jg. 81 (2002-12-01), S. 1
Online
academicJournal
Introduction Events of seemingly incomprehensible evil can, and should, be subject to scholarly analysis. 1 The September 11, 2001 "attacks" 2 are no exception. The tragedy of that day is clear. Much more opaque, however, are questions involving why the attacks happened, how they are to be legally defined, what to do about them, and how to deter future attackers. This Article posits that the attacks can best be described as non-isolated warlike attacks undertaken against a sovereign state by individuals from other states operating through al-Qaeda, a non-state actor that has some command and political structure. 3 This means that the attacks contain elements of both an armed attack (traditionally referred to as an "act of war" 4 ) and a criminal attack. 5 Nonetheless, although the attacks may be at one and the same time both armed and criminal, this Article argues that there are consequentialist, communitarian, and deontological reasons why the attacks should be constructed as criminal attacks to which legal responses from the purview of the criminal law are appropriate. However, although domestic criminal law could be a method to prosecute perpetrators, this Article argues that the attacks, in part because of their warlike nature, are among the "most serious crimes of concern to the international community as a whole." 6 Accordingly, international criminal law and process constitute a more suitable means of redress. On October 7, 2001, the United States and United Kingdom initiated military "strikes" 7 against Afghanistan. Shortly thereafter, the United States ...
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VICTIMHOOD IN OUR NEIGHBORHOOD: TERRORIST CRIME, TALIBAN GUILT, AND THE ASYMMETRIES OF THE INTERNATIONAL LEGAL ORDER
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Autor/in / Beteiligte Person: | Drumbl, Mark A. |
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Zeitschrift: | North Carolina Law Review, Jg. 81 (2002-12-01), S. 1 |
Veröffentlichung: | 2002 |
Medientyp: | academicJournal |
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