Abstract
In 1945, the Truman Proclamation, a government unilateral act of the United Sta- tes, led to the rapid emergence of an international custom that in 1958 turned into a con- vention and in 1969 was recognized by the International Court of Justice as the right of states to economically exploit their continental shelves. This paper examines the effects of the Bush Doctrine, another US unilateral act, under public international law, due to the attacks of 11th September 2001. This research centers on a specific case: the capture of Abu Anas al -Liby, a Libyan citizen who was stopped at the door of his home in October 5th, 2013, in the city of Tripoli, the Libyan territory. It happened in a joint operation, which saw the participation of the CIA - Central Intelligence Agency, the FBI - Federal Bureau of Investigation and the Delta Force soldiers, a group of elite US military - United States , on the grounds that the targeted one had links with the terrorist group Al Qaeda. After his capture, al-Liby was taken in for questioning on a warship in the Mediterrane- an sea and then was presented before a Federal Court of New York to stand trial for the attacks that in 1998 killed hundreds of people in US Embassies, in Kenya and Tanzania. The Libyan state denied having granted any authorization and complained of violation of sovereignty. This work has importance in the context of the Iberian Peninsula, due to the fact that Portugal and Spain are now potentially inserted into the terrorist agenda of the Islamic State of Iraq and al-Sham (ISIS), a group that, in 2014, declared his intent to recover all the territories that belonged to Islam, announcement that has been considered the most significant development of international jihadism since 11th September. From these elements, the paper investigates whether there is any right capable of legitimizing unilateral military raids on foreign soil. As a result, it can be said that there is an ongoing accelerated formation of international custom.
Citation
ID:
164998
Ref Key:
junior2016conpedimilitary