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ID: 105640

Evolution of international law in light of the global War on Te / Heinze, Eric A

Heinze, Eric A	Journal Article
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2011.

Summary/Abstract

This article explores how various aspects of the 'global War on Terror' may be affecting the future development of international law on the use of force. I examine these effects within three areas of international law - the law of anticipatory self-defence, the law of self-defence against non-state actors, and the applicability of international humanitarian law to non-state armed groups. Only in the latter two areas do I find evidence that international law is evolving to accommodate the new realities of global terror. While such developments in the law reflect the supposed need by states to use military means to combat terrorism, they also seem to confer at least a limited international legal personality upon terrorist groups such as Al-Qaeda. This not only indicates a shift in the basis for legal personality, but also potentially undermines the legitimacy of international law and frustrates states' efforts at combating terrorism.

Key Words

Self-Defence ; Al-Qaeda ; Terrorist Attack ; War on Terror ; Global War on Terror ; International Law

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ID: 068762

Humanitarian intervention and the war in Iraq: norms, discourse, and state practice / Heinze, Eric A

Heinze, Eric A	Journal Article
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Publication

2006.

Key Words

Intervention ; United States ; Humanitarian Intervention ; Iraq War

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ID: 086434

Nonstate actors in the international legal order: Israeli-Hezbollah conflict and the law of self-defense / Heinze, Eric A

Heinze, Eric A	Journal Article
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Publication

2009.

Summary/Abstract

The concern of whether nonstate actors can undertake an "armed attack" that would trigger a state's right to self-defense has acquired new prominence in the post-September 11 world. This article addresses that concern by examining the Israeli-Hezbollah conflict of July 2006. It argues that since the US invasion of Afghanistan in 2001, states have incurred an increased responsibility for the acts of nonstate actors that operate from their territory. Based on this emerging norm, the argument is that the degree of Lebanon's involvement in Hezbollah's attack against Israel was sufficient to justify the use of force in self-defense by Israel against both Hezbollah and the state of Lebanon. The conclusion is that while this is a potentially dangerous development in international law, there is reason to suggest that it may actually encourage states to prevent their territory from being used by nonstate actors to export violence.

Key Words

Self-defense ; Lebanon ; Nonstate Actors ; Jus ad Bellum ; Israeli-Hezbollah Conflict ; Hezbollah's Attack ;
International Law

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ID: 078763

Rhetoric of Genocide in U.S. Foreign Policy: Rwanda and Darfur Compared / Heinze, Eric A

Heinze, Eric A	Journal Article
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Publication	2007.
Summary/Abstract	Eric A. Heinze compares the U.S. response to the crisis in Darfur to that of the Rwandan genocide ten years earlier. He concludes that prevailing domestic and international political realities during the debate over the Darfur crisis allowed U.S. administration officials to use the rhetoric of genocide as a substitute for taking more forceful action to stop the killings.

Key Words

Genocide ; United States - Foreign Policy - Rwanda

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