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APV Rogers, OBE Author, Law on the Battlefield, Fellow, Lauterpacht Research Centre for International Law, University of Cambridge
Eyal Benvenisti
Professor of International Law, The Hebrew University, Jerusalem
Visiting Professor, Columbia Law School
Michael Matheson
Senior Fellow
U.S. Institute of Peace
H. Wayne Elliott, S.J.D.
Lt. Col. (Ret.) U.S. Army Former Chief, International Law Division; Judge Advocate’s General School, U.S. Army
Robert Kogod Goldman
Professor, Washington College of Law
American University
Steven R. Ratner
Albert Sidney Burleson Professor in Law University of Texas Law School
David Turns, LL.M (London), Barrister
Lecturer in Law
The Liverpool Law School
Marc Cogen
Professor of International Law, Ghent University
Surya Narayan Sinha, Former UN Legal Adviser in Kosovo, Zagreb, and for UN Relief and Works Agency for Palestine Refugees, International Lawyer based in Chennai, India.

September 21, 2001


On this point there is resounding agreement among our experts: Any response must adhere to the Geneva Conventions, the Hague Regulations, and all the other laws and customs of war. The most fundamental rule is that civilians and civilian buildings are immune from military attack and must not be targeted. Belligerents must at all times distinguish between military and civilian sites and direct their attacks only against the former. Military necessity must be balanced against the principle of “proportionality,” which dictates that all precautions be taken to minimize “collateral damage” (i.e., civilian casualties). “You cannot fight terror with terror,” one of our experts emphasized.

The difficulty in this case is that terrorists by definition do not wear uniforms, and deliberately protect themselves by blending in with the civilian population. All our experts are concerned that, in this scenario, the risk of collateral damage is high.


Trial, Detention or Release?

"Terrorism and the Laws of War"

Were the attacks of September 11 an “act of war”?


What are the legal limitations and restrictions on any US or international response?


What are the roles of the UN and NATO in formulating a response?


What are the legal distinctions between retaliation, reprisal,and revenge?


Is there a role for an international court?


POWs or Unlawful Combatants?

"Prosecuting Al Qaeda"

"Is This a New Kind of War?"

Reports of War Crimes in Afghanistan