The attacks of September 11 conflated traditional categories of
crime, terrorism, and armed conflict. On September 20, as he contemplated
the U.S. strategy for response, President Bush declared, "The
war will be fought not just by soldiers, but by police and intelligence
forces, as well as in financial institutions."
We were prompted to ask a range of specialists:
- Is
there a paradigm shift in the nature of war?
- Will
IHL be sufficient to regulate the conflict?
Lt.
Col. (Ret.) Wayne Elliott argues, "This is nothing
new, war has always been fought on numerous fronts." Michael
Scharf, a former State Department Legal Advisor," insists
that "the paradigm shift happened in 1985, with the introduction
of the concept of peremptory self-defense, in response to
a terrorist attack by Libyan operatives." Robert
Kogod Goldman, first vice president of the OAS Inter-American
Commission on Human Rights, points to some vexing legal lacunae
posed by September 11 and its aftermath . Abdullahi
Ahmed An-Naim, Charles Howard Candler Professor of
Law at Emory University and author of the groundbreaking Toward
an Islamic Reformation, says "the paradigm shift, for those
who see one, is in the proof of our shared vulnerability, which
should encourage us all to take international law more seriously.
He argues here, as he has elsewhere, for the abolition of jihad
as an Islamic imperative.
We continue to solicit reflections on this provocative question,
and welcome comments on the responses currently posted.
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