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The “Unrule” Of Law: Unintended Consequences Of Applying The Responsibility To Prevent To Counterterrorism, A Case Study Of Colombia’S Raid In Ecuador

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Chapter Summary

This chapter presents the empirical study of Colombias targeted strike of Revolutionary Armed Forces of Colombia (FARC) leader Raul Reyes in Ecuador on March 1, 2008. The methodology is a merger of International Affairs and International Law, as it combines review of academic literature with media reports and official statements made within the OAS Permanent Council and the Rio Group. This approach serves to examine the consequences of a states concrete act coupled with resulting institutional discourses addressing the states appeal for recognition of the emergence of an instant norm of a Responsibility to Prevent Terrorism as legitimising unilateral extra-territorial targeted killing. The issue of the legitimacy of the use of force is separate from consideration of protection due individuals during and after hostilities. The chapter also exposes the impact of the inverted security paradigm on the interpretation of customary international humanitarian law, international human rights, and international refugee law.

Keywords: customary international humanitarian law; international human rights; international refugee law; inverted security paradigm; terrorism



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