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Criminal Law

Notre Dame Law School

2005

Terrorism

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Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell Jan 2005

Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell

Journal Articles

Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …