International Humanitarian Law in Military Counterterrorist OperationsD

Abstract

This presentation looked at the application of IHL in the fight against terrorism. The history and development of IHL lays the groundwork for views on applying IHL in counterterrorism. The concept of an unlawful combatant addresses a current concern in this area of law while highlighting that the minimum standard - common Article 3 of the Geneva Conventions - may be impractical in application. However, by drawing parallels between approaches in civilian and military counterterrorism operations, one can discern practical guidelines for security forces. While IHL directly applies in military counterterrorism operations, IHL should be updated to better address current concerns in the fight against terrorism.