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 Terrorism

This 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.

This 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.