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date: 22 February 2019

Abstract and Keywords

This chapter examines the so-called ‘grey areas’ in the application of international humanitarian law (IHL) in the regulation of acts of terrorism and counter-terrorism. It explains that terrorism comes under the regulation of IHL only in limited circumstances, such as when a certain threshold of intensity and organization of the parties involved in an armed conflict can be established. It argues that the contention that the rules of IHL are obsolete or in need of revision vis-à-vis acts of terrorism, is, in all likelihood, unfounded, and explains that IHL is a fairly homogeneous body of precise and detailed rules with a long history. This chapter also offers suggestions on how to address these ‘grey areas’.

Keywords: IHL, acts of terrorism, counter-terrorism, armed conflict, humanitarian law

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