Legal Constraints And Its Effect On The War On Terror

The war on terror, following the events of 9/11, made people acknowledge a new form of enemy. Terrorisms became the central focus of nations and various actions were taken to ensure that such a horrendous act never transpires again. However, the problems associated with these legal constraints has led to many international law violations. This paper will seek to discuss these legal constraints and its effect on the war on terror. In order to demonstrate this, the principles of distinction, proportionality and military necessity will be examined to understand whether the legal actions of the United States were appropriate and legal. The principles of distinction, proportionality and military necessity are central to jus in bello (also known as â€Å"the laws of war†). These three principles are closely interconnected with one another and are necessary to determine whether a war can be perceived as being legitimate. In this paper, the principles of distinction, proportionality and military necessity will be defined and discussed in relation to the event of 9/11. As well as, the legal constraints that are associated with the conduct of hostilities under the new conditions imposed. The term â€Å"terrorism† and â€Å"terrorist† were included following the events of 9/11, identifying a new type of enemy. Narratives of who the enemy was changed towards individuals who were or seemed like a Muslim. Muslims were perceived as the new enemy. 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