The 26/11 Terrorist Attacks and the Application of the Laws of Armed Conflict

ISIL Yearbook of International Humanitarian and Refugee Law, Vol X, (2012), pp. 91-113

23 Pages Posted: 9 Sep 2012

See all articles by Rishi Gulati

Rishi Gulati

Victorian Bar; London School of Economics - Law Department

Date Written: January 31, 2012

Abstract

This paper considers whether the 26/11 Terrorist Attack carried out in Mumbai is capable of independently and/or in its overall context constituting an international armed conflict (IAC), thus triggering the application of International Humanitarian Law? That question is answered by analyzing whether the facts of 26/11 are capable of satisfying the criteria necessary before a terrorist attack can be considered to constitute an armed attack carried out within the framework of an IAC. The discussion makes it necessary to briefly highlight any potential international responsibility for 26/11, and a consideration of the test relevant to determine whether a conflict is internationalized if an armed attack is carried out by private proxies. This paper only considers whether 26/11 constitutes an IAC. It does not consider the rules of International Humanitarian Law applicable should an IAC be in existence.

Keywords: 26/11 Mumbai terrorist attack, international terrorism, armed conflict, global war on terror, India-Pakistan International Armed Conflict, international humanitarian law

Suggested Citation

Gulati, Rishi, The 26/11 Terrorist Attacks and the Application of the Laws of Armed Conflict (January 31, 2012). ISIL Yearbook of International Humanitarian and Refugee Law, Vol X, (2012), pp. 91-113, Available at SSRN: https://ssrn.com/abstract=2143023

Rishi Gulati (Contact Author)

Victorian Bar ( email )

C/- Clerk Green, 205 William Street, Melbourne
Melbourne, Victoria
Australia

HOME PAGE: http://www.foleys.com.au/mobile/Profile.aspx??area=Barristers&id=4760

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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