Browsing Derby Law School by Subjects
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Do We Need a New Legal Framework for Fighting Non-Conventional Wars? The International Law of War, Human Rights and the Global Fight Against Extremism and TerrorismThis paper examines the existing legal framework for fighting violent extremism and terrorism. Highlighting the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups, the paper discusses the problem facing military commanders, security agents, state actors and the international community in confronting extremist groups while upholding human rights values and respecting the law of war. The paper poses the question as to whether the current legal framework for dealing with extremist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. Using examples, the paper examines how extremist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror. The paper also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
State vs non-state armed groups - a political economy of violenceThe early 21st century has witnessed the rise in violent extremism with groups such as Al Qaeda and Islamic State of Iraq and the Levant (ISIL) in the Middle East, the Boko Haram in West Africa, and Al Shabaab in East Africa. The activities of these and other non-state armed groups have created a general state of panic and fear that is spreading beyond their areas of operation to other parts of the political world. Rather than diminishing the influence of these groups, the states' counter extremism strategies seem to be further fuelling the extremism and creating new waves of violence that threatens global security and undermines the very essence of our collective wellbeing. This paper examines the socio-economic and political environment in which these armed groups have thrived and poses the question as to whether the failure of politics and development are to blame for the rise of extremism. The paper proposes a new approach to combating extremism that involves re-connecting people with politics and development. The basic contention of this paper is that there has been a failure of the state to satisfy the wellbeing of its citizens. The paper provides an explanation of, but by no means a justification of, the use of violent extremism in the early 21st century.