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The World after September 11: Has It Really Changed?
Noëlle 1
Abstract
This review essay aims to assess whether international law has actually changed significantly since 9/11, or whether there is just an impression of change conveyed by books and articles published shortly after the events. Most books on terrorism start their discussion by wrestling with the concept of ‘terrorism’. In a second step, authors examine the legal tools available to states as well as to the international community to fight terrorism. In particular, reference is made to the roots of terrorism and to anti-terrorism measures adopted by states, the United Nations and the European Union. Many contributions focus on 9/11 as the momentum in favour of a concerted police action against terrorism and enhanced inter-governmental cooperation. Other means employed in the fight against terrorism involve the prosecution of those alleged to have carried out acts of ‘terrorism’ and the application of international humanitarian law to situations that may qualify as armed conflicts. Last but not least, much literature deals with the recent trend to combat terrorism by use of military force. In this regard, attention is paid to the characterization of acts of terrorism as ‘armed attack’, the reaction of the Security Council in the aftermath of 9/11 and the right to self-defence.