A. Introduction "Since the destruction of the Twin Towers in Manhattan, very little reference has been made in the Western media, either in Europe or America, to the law, other than to criticize its lacunae and deficiencies: Despite its pitfalls, much due to the political (un)will of the States, international public law does regulate the conduct of States and other types of bodies in the international arena and therefore pro- vides for a legal framework for the analysis of the events of 11 September. A convenient starting point for tackling the issues at stake is to decide whether we act in under a "law and order" framework, according to which we arrest Osama bin Laden and his aides, try them, and if there is no "reasonable doubt," convict them [...] [or under] [...] the framework of "international armed conflicf '.1 2 Undeniably, since the leading culprit in the commission of the acts is a non-State actor, American law enforcement agencies are endowed with the right to appre- hend and prosecute the terrorist. Unfortunately, given the fact that the US havereplied by using military force, it is evident that the second variant applies and hence applicable rules that were sparked
Austrian Review of International and European Law Online – Brill
Published: Jan 1, 2001
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