IRRC No. 916-917

Counterterrorism, sanctions and war

32 articles

IRRC No. 916-917 Counterterrorism, sanctions and war

32 articles

Terrorism is a live threat in today’s world – and one that causes immeasurable human suffering. The international community has worked to confront this threat through a patchwork of counterterrorism measures, including sanctions. But despite the legitimacy of those efforts, these measures have negative effects on the provision of humanitarian aid, harming both intended beneficiaries and humanitarian workers, bringing counterterrorism measures into tension with international humanitarian law (IHL). This edition explores the problems that arise when counterterrorism measures and IHL overlap and come into tension. It does so from a variety of perspectives, including diplomats, lawyers, academics, humanitarians and practitioners, with each article looking at how these fields of law can be brought into balance with one another.

Table of contents

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Editorial: Counterterrorism, sanctions and war - Helen Durham, Director of International Law & Policy, ICRC

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Interview with Fionnuala D. Ní Aoláin

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Unilateral coercive measures, IHL and impartial humanitarian action: An interview with Alena Douhan

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Interview with Gilles de Kerchove

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Interview with Janez Lenarčič

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Sanctions, international humanitarian law and the humanitarian space in the Canadian perspective: An interview with Elissa Golberg

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Interview with H.E. Ambassador Vladimir Tarabrin

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International humanitarian law, principled humanitarian action, counterterrorism and sanctions: Some perspectives on selected issues

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From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law

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Counterterrorism and the risk of over-classification of situations of violence

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Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation

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International humanitarian law and the criminal justice response to terrorism: From the UN Security Council to the national courts

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Terrorist offences and international humanitarian law: The armed conflict exclusion clause

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Respecting international humanitarian law and safeguarding humanitarian action in counterterrorism measures: United Nations Security Council resolutions 2462 and 2482 point the way

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The relationship between international humanitarian law and asset freeze obligations under United Nations sanctions

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Conflict-related UN sanctions regimes and humanitarian action: A policy research overview

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Humanitarian values in a counterterrorism era

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Counterterrorism, sanctions and financial access challenges: Course corrections to safeguard humanitarian action

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Politics and principles: The impact of counterterrorism measures and sanctions on principled humanitarian action

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How counterterrorism throws back wartime medical assistance and care to pre-Solferino times

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Screening of final beneficiaries – a red line in humanitarian operations. An emerging concern in development work

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Guilt by association: Restricting humanitarian assistance in the name of counterterrorism

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Detention in the context of counterterrorism and armed conflict: Continuities and new challenges

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Foreign fighters and the tension between counterterrorism and international humanitarian law: A case for cumulative prosecution where possible

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Stripping foreign fighters of their citizenship: International human rights and humanitarian law considerations

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Biometric data flows and unintended consequences of counterterrorism

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Counterterrorism policies in the Middle East and North Africa: A regional perspective

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Unfolding the case of returnees: How the European Union and its member States are addressing the return of foreign fighters and their families

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The public policy of sanctions compliance: A need for collective and coordinated international action

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Can stakeholder dialogues help solve financial access restrictions faced by non-profit organizations that stem from countering terrorism financing standards and international sanctions?

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Whose risk? Bank de-risking and the politics of interpretation and vulnerability in the Middle East and North Africa

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The updated ICRC Commentary on the Third Geneva Convention: A new tool to protect prisoners of war in the twenty-first century –CORRIGENDUM