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Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.

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 ‘crisis’ which has impacted the international legal framework on the use o...

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Main Author: Hassan, Sara Ayman Mohamed
Format: Thesis
Published: AUC Knowledge Fountain 2016
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access_status_str Open Access
author Hassan, Sara Ayman Mohamed
author_browse Hassan, Sara Ayman Mohamed
author_facet Hassan, Sara Ayman Mohamed
author_sort Hassan, Sara Ayman Mohamed
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
description 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 ‘crisis’ 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 “unwilling and unable” 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.
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institution American University in Cairo (Egypt)
last_indexed 2026-06-10T12:35:39.635Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
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spelling oai:fount.aucegypt.edu:etds-1183 Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria. Hassan, Sara Ayman Mohamed 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 ‘crisis’ 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 “unwilling and unable” 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. 2016-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/184 https://fount.aucegypt.edu/context/etds/article/1183/viewcontent/LLM_20Thesis.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Terrorism use of force
spellingShingle Terrorism
use of force
Hassan, Sara Ayman Mohamed
Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title_full Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title_fullStr Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title_full_unstemmed Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title_short Terrorism:an analysis of the international legal framework, international and regional responses case study: Syria.
title_sort terrorism an analysis of the international legal framework international and regional responses case study syria
topic Terrorism
use of force
url https://fount.aucegypt.edu/etds/184
https://fount.aucegypt.edu/context/etds/article/1183/viewcontent/LLM_20Thesis.pdf
work_keys_str_mv AT hassansaraaymanmohamed terrorismananalysisoftheinternationallegalframeworkinternationalandregionalresponsescasestudysyria