International law, as a discipline, is obsessed with crises, requiring reinterpretation of its basic principles to cope with them. Through this process of reinterpretation, it also creates new rules. Terrorism is one such â€˜crisisâ€™ which has impacted the international legal framework on the use of force, making it deviate from its basis established by the United Nations Charter. This thesis conducts a macro analysis of the changes in the legal framework for combating terrorism after 9/11 and the Arab Spring. It focuses on the Syrian conflict as a case study, analyzing the major actors and their different legal justifications. The Syrian conflict is a clear prototype of the changes that started to take place after 9/11. The development in the legal framework governing the use of force happened in three dimensions. The first is the broadening of existing rules (such as favoring a purpose-oriented interpretation of self-defense to include new forms such as anticipatory and pre-emptive self-defense). The second dimension is the creation of new rules through state practice that replaced existing codified ones, in an attempt to avoid the deadlock of the Security Council (SC) veto. For example, the â€œunwilling and unableâ€ standard is used to justify unilateral interventions without the SC authorization to fight terrorists in other states. A third dimension is the gradual decline of the use of collective security under the UN system, giving way to unilateral action by States.
LLM in International and Comparative Law
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Online Submission Date
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Beckett &Hani, Jason & Sayed
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(2016).Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria. [Master’s thesis, the American University in Cairo]. AUC Knowledge Fountain.
Hassan, Sara Ayman Mohamed. Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.. 2016. American University in Cairo, Master's thesis. AUC Knowledge Fountain.