This chapter examines the legal ambiguities surrounding a war that might not be a war, against an elusive enemy whose existence as an organized entity is sometimes cast in doubt. Military operations are carried out under the mantle of this war and casualties and destruction have followed, rendering the analysis and classification a crucial matter. The very use of the phrase ‘war against Al-Qaeda’ or the more general ‘war on terror’ can cause controversy. The former is a more plausible option, as at the very least it denotes the existence of parties to the...
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