2003 Fiscal Year Final Research Report Summary
International Law Regulation of Terrorism
| Project/Area Number |
14520040
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kansai University |
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Principal Investigator |
FUJITA Hisakazu Kansai Univ., Fac.of Law, Professor, 法学部, 教授 (70067619)
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| Project Period (FY) |
2002 – 2003
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| Keywords | Terrorist attacks of 11 Sept. / International Terrorism / War on terror / Afghanistan War / Iraqi War / Al-Qaeda / Guantanamo / International Humanitarian Law |
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| Research Abstract |
The terrorist attacks of September 11th, 2001 has presented the modern phenomena of international terrorism as well as of mass destruction. This research has the purpose to consider international law system and mechanism to prevent, suppress and punish such acts of terrorism.
The terrorism has a long history and acts of terrors have occurred in political contexts since the period of the French Revolution of 1789. This research has tried to approach to the acts of terrorism from the view-point of international law, especially international humanitarian law and international criminal law.
First, the difficult question of legal definition of terrorism has been considered, taking into account a number of international conventions and several national laws such as French penal law and the U.S.patriotic law. The lists of terrorist groups and state terrorism have been into consideration.
Second, the policy "war on terror" of the U.S. since the september 11 has been analysed from the legal view-point, it is considered whether pr not international humanitarian law is applicable to the belligerent or terrorist acts in Afghanistan war and Iraqi war. The question such as the treatment or status of Taliban/A1-Qaeda detainees in Guantanamo camp as well as that of the suicide-bombers in Iraqi war has been analysed. Such detainees may be prosecuted in national tribunals or international court.
Finally, the developpement of international regulations in 21st century must be considered in the context of international security and of international humanitarian rights and humanity.
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