| International terrorism is one of the important reasons of endangering the international social security and peace. "9.11" makes the world pay attention to terrorism striking and curbing. Us-led western countries call on to play a game of the war on terror. After "9.11", terrorism is still on the rise, the road of international community anti-terrorist is still long. The author tries to perfect the theory of the war on terror, seeks scientific and feasible anti-terrorist method, and solves the social problems of terrorism more efficiently and more thoroughly. At the same time, using international humanitarian law, making anti-terrorism under the perspective of it, the author makes anti-terrorism not the bloody original war,but integrated management method of anti-terrorism full of multivariate, pertinence, and humanitarian concern.The first part of this text emphasizes the necessity of anti-terrorism and related practice. As the logical starting point of research, the author determines the definition of terrorism firstly. Different countries owning different political purpose, so that the disputes of terrorism definition happen frequently in the international society.Only after confirming the definition of terrorism we could determine the object anti-terrorism in, and then discuss against a particular problem. In the author's opinion, the terrorism should be defined as:the action of make public fearing through adopting various forms of violence or threaten violence to no specific staff, to achieve some political purpose or social goals. Against terrorism harm and their own specific, the author expounds the necessity of the war on terror, especially the necessity of army participation. Because of the defect of domestic judicial procedure and the incomparable deterrent effect of army, the war on terror can't be without military strike. Through summarizing the anti-terrorism experiences and lessons of Russia, USA, and India, the author using case proves the importance of the anti-terrorism army.In the second part, the author tries to solve and explain some basic questions of the war on terror, including the subjects of the war, the applicable laws, military force restricting, and so on. Based on the introduction and analysis of the concept of "national self-defense", observing the charter of the United Nations, the country using the right of national self-defense can become the subject of the war on terror. In the aspect of law application, the author thinks international humanitarian law terms can be used to contemporary the war on terror. Military action in the war on terror should abide by the provisions of the international humanitarian law. About the restrictions of using force to anti-terrorism, the author divides into combat methods and target of attacks two aspects. Through forbidding the specific weapons and specific tactical the operational methods in the war on terror should be regulated. Through protecting the civilians, cultural property, and the prisoner attack targets should be limited.In the third part, the author discusses the influence of international humanitarian law in the war on terror. A law itself should have its special theory and enforcement guarantee, could play its role. For international humanitarian law, it is developing with war and armed conflict. It is a consensus in the international society In order to minimize unnecessary loss in the war. For the war on terror in contemporary, it still has vitality. A country's political and military force guarantee, the supervision and execution by international society and international organizations, legal education and other methods ensure the implementation of international humanitarian law. The author expounds in the last chapter how to bear the responsibility for violations of international humanitarian law in the war on terror.Although international humanitarian law in undertaking the liability still shows insufficient, but it also provides the research topic for future direction of international humanitarian law.The last part is Summary and enlightenment. Finally, the key to the contemporary war on terror in the perspective of international humanitarian law anti-terrorism is anti-terrorism. How the anti-terrorism could be more effective, the author gives two aspects of advice:firstly, the developing of the theory of the war on terror relies on the international society cooperation. Use multi-means, such as military, economic, diplomacy to fight terrorists. At the same time, the developed countries should help developing countries to eliminate the poverty. Easing the international contradiction of inequality and cultural conflict by dialogue equally among different culture, could help smashing terrorism. Secondly, perfect international humanitarian law, adapting to this "asymmetric war". Then it could be more effectively to guide and regulate the war on terror. |
