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Corporate
11 August 2011

Humanitarian Law and Terrorism

Professor Andrea Bianchi examines legal aspects of political violence.

Professor of International Law at the Institute, Andrea Bianchi’s recently released book “International Humanitarian Law and Terrorism” co-written with Yasmin Naqvi carefully and thoroughly analyses the legal questions raised by the phenomenon of terrorism, and past and recent efforts to fight it, from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, states. The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism.

The approach of the book is analytical and discursive, rather than prescriptive. Thus the reader will find the relevant rules of IHL and other legal regimes as they relate to terrorism, but also the debates over their application, the contradictions in state practice and the impact these may have upon IHL's evolution and implementation. The aim is to provide legal practitioners, as well as those in military, political and academic circles, with a useful reference point. Hopefully the book will also prove useful to other readers who will be encouraged by its content and easy-to-read style to become acquainted with a topical subject, traditionally thought to be reserved for legal specialists.

Faculty member since 2002, Professor Bianchi was previously Full Professor at the Catholic University, Milan, and Associate Professor at the University of Parma. Until 2002, he was also Professorial Lecturer in International Law at the Bologna Centre of the Johns Hopkins University. His publications address topics that range from international human rights, international economic law, the law of jurisdiction and jurisdictional immunities to international environmental law, state responsibility and the law of treaties.

Yasmin Naqvi is a Legal Officer at International Criminal Tribunal for the former Yugoslavia and holds a PhD from the Graduate Institute.

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