Terrorism and international law

397 Pages·1997·2.584 MB·English

by  Flory, Maurice;Higgins, Rosalyn

Terrorism and international law

The proliferation of terrorist activity has provoked an increase in the body
of law, at both national and international level, which has sought to
counter and prevent it. The bodies involved in this process range from the
UN Security Council to government legislatures. This book is the first to
address in one volume the wide variety of responses to terrorism as they
exist in both international and domestic contexts. It also represents the first
ever comprehensive collection of documents concerning terrorism to be
found in the laws of the UK and France, as well as in international law.
Terrorism and International Law comprises contributions by fourteen
well-known authorities in the area of international, French and UK law,
and is divided into four main sections: international cooperation against
terrorism, the French and British responses to terrorism, the limits of state
action and a documentary supplement. The contributors have sought to
show how international and domestic law can be used together to combat
the multi-faceted problems which terrorism raises. The issue of human
rights is also discussed, with particular reference to the jurisprudence of the
European Commission and Court of Human Rights. The documentary
section of the book provides coverage of international treaties, UN
resolutions, UK and French legislation, case-law and official statements
relating to terrorism.
This book provides an invaluable source of commentary and reference
material in the area of terrorism and international and domestic law which
will be useful for the practitioner, diplomat, student and teacher.
Rosalyn Higgins has been a Professor of International Law at the London
School of Economics and is currently a member of the International Court
of Justice in The Hague. Maurice Flory is Emeritus Professor of
International Law at the University of Aix-en-Provence.
Books published under the joint imprint of LSE/Routledge are works of
high academic merit approved by the Publications Committee of the
London School of Economics and Political Science. These publications are
drawn from a wide range of academic studies in the social sciences for
which the LSE has an international reputation.
Terrorism and international
law
Edited by Rosalyn Higgins and
Maurice Flory

London and New York
First published 1997
by Routledge
11 New Fetter Lane, London EC4P 4EE

Routledge is an imprint of the Taylor & Francis Group

This edition published in the Taylor & Francis e-Library, 2003.

© 1997 Selection and editorial matter, Rosalyn Higgins and
Maurice Flory; individual chapters © the contributors
All rights reserved. No part of this book may be reprinted
or reproduced or utilized in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission
in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the
British Library

Library of Congress Cataloging in Publication Data
A catalogue record for this book has been requested

ISBN 0-203-42936-2 Master e-book ISBN

ISBN 0-203-73760-1 (Adobe eReader Format)
ISBN 0-415-11606-6 (Print Edition)
Contents

Notes on contributors vii
Preface xi
Part I Introductory
1 The economic analysis of terrorism 3
Jacques Bourrinet
2 The general international law of terrorism 13
Rosalyn Higgins
3 International law: an instrument to combat terrorism 30
Maurice Flory
Part II Cooperation against terrorism
4 International cooperation against terrorism and the
development of international law principles of
jurisdiction 43
David Freestone
5 Legal aspects of terrorism at sea 68
Glen Plant
6 Cooperation between Member States of the European
Community in the fight against terrorism 97
Claude Gueydan
Part III French and British responses
7 Managing terrorism the British way 125
David Schiff
8 France’s responses to terrorism 144
Jacques Borricand
v
vi Contents
9 Terrorism and extradition: a British perspective 166
Leonard Leigh
10 Terrorism and extradition: a French perspective 185
Henri Labayle
Part IV The limits of State action
11 International action against State terrorism 201
Yves Daudet
12 The jurisprudence of the European Commission and
Court of Human Rights with regard to terrorism 217
Patrice Jean
13 The rights of victims and liability of the State 251
Thierry S.Renoux and André Roux
Annexes
1 International treaties 267
2 United Nations resolutions 326
3 Cases 335
4 Domestic legislation and official statements 367
Index 375
Contributors

Jacques Borricand is a Professor at the University of Aix-Marseille, where
he teaches criminal science. He is the Director of the Institut de Sciences
Pénales et de Criminologie in Aix-en-Provence and also Director of the
Laboratoire sur la Délinquance et les Déviances. He has published several
works and numerous articles, and has worked abroad and organised a
number of conferences. He is a consultant for the Council of Europe.
Jacques Bourrinet is a Professor at the University of Aix-Marseille III, Jean
Monnet Chairholder in European Economic Integration, Director of the
Centre of International and European Study and Research, and Member of
the European University Council for the Jean Monnet Project Brussels. His
publications include ‘Des mythes et des réalités’ in G.Feuer (ed.) Les
relations Communauté européenne—Etats-Unis (ed., 1987); Les Etats
ACP face au marché unique européen (1994); ‘L’accord relatif aux
sauvegardes’ in Th.Flory La Communauté européenne et le GATT (1995);
Les relations extérieures de l’Union européenne (in collaboration with
L.Balmond) (1995); ‘Les insuffisances socioéconomiques de l’Etat-Nation
moderne et les impératifs de son insertion dans un processus d’intégration
économique régionale’ in C.Philip and P.Soldatos (eds) Au-delà et en deçà
de l’Etat-Nation (1996).
Yves Daudet graduated from the University of Paris and became Professor
at the universities of Bordeaux and Aix-Marseille. His different postings
include the Caribbean, Morocco, Ivory Coast and Mauritius. He is
currently Professor of International Law at the University of Paris I
(Panthéon-Sorbonne). He is a member of the editorial board of Annuaire
Français de Droit International. Among various publications, he is the
editor of five books dealing with recent activities of the United Nations.
Maurice Flory was born in 1925. He was Professor of International Law at
the University of Rabat (Morocco) 1952–56 and then at the University of
Aix-Marseille 1956–93. He was Cultural Counsellor of the French
Embassy in Morocco 1967–71 and also Director of the Centre de
recherches et d’études sur les Sociétés méditerranéennes, Aix (Centre
vii
viii Contributors
national de la recherche scientifique), 1971–84. He has remained Emeritus
Professor at the University of Aix-Marseille since his retirement in 1993.
He is the author of Le statut des Gouvernements réfugiés et le cas de la
France Libre (1952); Souveraineté des Etats et coopération pour le
développement (1974); Droit international du développement (1977);
L’Organisation des Nations-Unies (1956–95).
David Freestone is Legal Adviser, Environment, at The World Bank,
Washington, DC. Prior to this appointment he held, and still retains, a
Personal Chair in International Law at the University of Hull. In 1985 he
founded and is now Editor-in-Chief of the International Journal of Marine
and Coastal Law, His current research has been in international and
marine environmental law and his recent books include International Law
and Climate Change (ed. with Robin Churchill, 1991) and The
Precautionary Principle and International Law (ed. with Ellen Hey, 1996).
Claude Gueydan is Lecturer in Law at the University of Aix-Marseille III,
where he is also Assistant Director of the Institut International du Droit de
l’Audiovisuel. He specialises in European law and media law. His recent
publications include Grands textes de droit communautaire et de l’Union
européenne (Dalloz, 1996), with Louis Dubois; ‘La règlementation et le
contrôle des campagnes électorales radiotélévisées en France’, in Les
campagnes électorales radiotélévisées, ed. G.Drouot (Economica 1995);
Publicité et audiovisuel, ed. with C.Debbasch (Economica 1993); and ‘La
politique migratoire de la Communauté économique européenne’, in
Liberté de circulation des personnes en droit international, eds M.Flory
and R.Higgins (Economica 1988).
Rosalyn Higgins was Professor of International Law at the University of
London from 1981 to 1995. She has written on international legal theory,
immunities from jurisdiction, United Nations law, and the United Nations.
Her publications include UN Peacekeeping (4 vols, 1969–1981) and
Problems and Process: International Law and How We Use It (1994). She
is now a Judge at the International Court of Justice.
Patrice Jean has since 1968 been maître de conférences at the Faculty of
Law of the University of Aix-Marseille. Originally specialising in
constitutional law, in recent years he has concentrated on human rights.
His recent publications include ‘Le contenu de la liberté de circulation’ in
Liberté de circulation des personnes en droit international, eds M.Flory
and R.Higgins (Economica 1988); Aide humanitaire internationale: un
consensus conflictuel?, ed. M.Domestici-Met (Economica 1996).
Henri Labayle was born in 1954. He is Professor of Public Law at the
University of Pau, Dean of the Faculty of Bayonne and Jean Monnet
Chairholder in European Law. He has written on human rights, law of
aliens, European law, terrorism and international law (AFDI 1986). His
Contributors ix
recent publications include The third pillar of the European Union’, Revue
de sciences criminelles 1995; and Cooperation in the fields of justice and
home affairs (Dalloz, forthcoming).
Leonard Leigh is Professor of Criminal Law at the University of London
(London School of Economics). He was formerly Lecturer and Reader in
Law at the LSE. He was a member of the Canadian Government Task
Force on Securities Regulation from 1974 to 1978. His major publications
include Control of Commercial Fraud (1982) and Police Powers in
England and Wales (2nd edn, 1985).
Glen Plant practises as a consultant and barrister. He graduated in
Jurisprudence from New College, Oxford, and holds an MA from the
Fletcher School of Law and Diplomacy, a PhD from London University and
the Hague Academy’s Diploma in International Law. He has served as a
legal adviser in the UN and in the Foreign and Commonwealth Office
(which he represented at the negotiations leading to the terrorism treaty of
which he writes in this volume) and has taught at London and Durham
Universities and the Fletcher School.
Thierry Renoux and André Roux are Professors at the University of Aix-
Marseille. They are specialists in constitutional and international law and
they teach in the Faculty of Law and in the Institut d’Etudes Politiques
d’Aix en Provence. They work in the field of the protection of human
rights. Together they have written L’administration de la justice en France
(PUF 1994) and La Cour de justice de la République (PUF 1995).
Thierry Renoux is the author of Le Conseil constitutionnel et l’autorité
judiciaire (Economica 1984); L’indemnisation publique des victimes
d’attentats (Economica 1988); and Code constitutionnel (Litec 1995).
André Roux has written La protection de la vie privée (Economica
1983) and Droit méditerranéen de l’environnement (Economica 1988).
David Schiff is Senior Lecturer in law at the LSE, where he has been
teaching since 1973. Currently his major research interests are miscarriages
of justice, and law, freedom and obligation. Recent publications on these
themes include ‘Miscarriages of Justice: A Systems Approach’ (58 Modern
Law Review 1995, with R.Nobles) and ‘Freedom According to Law’ (LSE
on Freedom, ed. Eileen Barker, LSE Books 1995).