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New report: the changing legal face of war

2 September 2006

The 'war on terror' has clouded the rules of war as illustrated in the Geneva Conventions more than any previous 'conflict' and has ushered in the need for an urgent rethinking of the definitions of 'armed conflict' and the rules that govern the use of force. The responses to the 'war on terror' particularly in the United States appear to supersede conventional domestic or international law creating huge difficulties for those monitoring the legal and moral legitimacy of the fight against global terror. These are some of the findings of The War on Terror: Do the Rules Need Changing? a new report by Chatham House.



As the world commemorates the fifth anniversary of the terrorist attacks of 9/11 the so-called 'war on terror' continues to unfold. In Europe the term 'war on terror' is largely seen as a political term yet in the US the 'war on terror' is a fact with clear legal consequences. The report argues that in response to this, a new 'holistic approach' to the law covering the use of force in both law enforcement and 'armed conflict' situations is needed..




The report attempts to broach these issues by raising a number of key questions on the debate over the legality of response to the 'war on terror'. These include: What is the law applicable to the 'war on terror'? How does international law deal with non-State actors such as Al-Qaeda or Hizbullah? Is there a potential clash between human rights law and the law of armed conflict? And are the rules adequate to deal with the current situation or do they need changing? Overall the paper explains the author's view that there need to be international efforts to agree on the law applicable to the new kind of conflict in the age of the 'war on terror'.



'It is the soldier in the front line of any conflict who has to apply the rules. For split-second decisions, clarity in the law is literally a matter of life and death.'
Charles Garraway, report author


Notes for editors:

The 'War on Terror': Do the rules need changing? by Charles Garraway is published on Monday 4 September 2006.

Professor Charles Garraway CBE is an Associate Fellow, International Law, Chatham House.


To speak with the report author please contact:
Sam Hardy
Chatham House Press Office
+44 (0) 20 7957 5739
+44 (0) 7946 642 205

ENDS