The War On Terror And The Laws Of War

Author : Geoffrey S. Corn,Dru Brenner-Beck
Publisher : Terrorism and Global Justice
Page : 306 pages
File Size : 41,9 Mb
Release : 2015
Category : Law
ISBN : 9780190221416

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The War on Terror and the Laws of War by Geoffrey S. Corn,Dru Brenner-Beck Pdf

Many years after the United States initiated a military response to the terrorist attacks of September 11, 2001, the nation continues to prosecute an armed conflict against transnational terrorist groups. Today, it remains just as vital to understand how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups. In The War on Terror and the Laws of War, seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, and trial by military commission of captured terrorist operatives, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield. Book jacket.

Author : Geoffrey S. Corn
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2014
Category : Terrorism
ISBN : 0190221399

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The War on Terror and the Laws of War by Geoffrey S. Corn Pdf

Thirteen years after the United States initiated a military response to the terrorist attacks of September 11, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. How the core purpose of the law of armed conflict has influenced operational decisions related to all aspects of the military response to al-Qaeda and associated forces is the focus of this book.

Author : Michael Lewis,Geoffrey Corn
Publisher : Oxford University Press, USA
Page : 272 pages
File Size : 41,7 Mb
Release : 2009-10-15
Category : Law
ISBN : STANFORD:36105134460984

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The War on Terror and the Laws of War by Michael Lewis,Geoffrey Corn Pdf

When a soldier in the field of battle is under attack in a small village and comes upon a villager who could be a combatant or a civilian, what rules govern how that soldier should act? If the soldier detains the villager and determines that the villager is an unaffiliated combatant, what do the rules of detention require? In The War on Terror and the Laws of War, six legal scholars with experience as military officers bring practical wisdom to the contentious topic of applying international law to the battlefield. The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.

Author : Andrew Lynch,Edwina MacDonald,George Williams
Publisher : Federation Press
Page : 276 pages
File Size : 47,5 Mb
Release : 2007
Category : Juvenile Nonfiction
ISBN : 1862876746

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Law and Liberty in the War on Terror by Andrew Lynch,Edwina MacDonald,George Williams Pdf

How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia

Author : Benjamin Wittes
Publisher : Rowman & Littlefield
Page : 435 pages
File Size : 44,9 Mb
Release : 2010-02-01
Category : Political Science
ISBN : 9780815704171

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Legislating the War on Terror by Benjamin Wittes Pdf

A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of

Author : Gabriella Blum,Philip B. Heymann
Publisher : MIT Press
Page : 254 pages
File Size : 51,9 Mb
Release : 2010-09-24
Category : Political Science
ISBN : 9780262289092

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Laws, Outlaws, and Terrorists by Gabriella Blum,Philip B. Heymann Pdf

Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 542 pages
File Size : 48,6 Mb
Release : 2005-07-28
Category : History
ISBN : 9780521838504

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The 'War on Terror' and the Framework of International Law by Helen Duffy Pdf

The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.

Author : Michael William Lewis
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2023
Category : Detention of persons
ISBN : 0197719783

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The War on Terror and the Laws of War by Michael William Lewis Pdf

Author : Gershon Shafir,Everard Meade,William J. Aceves
Publisher : Routledge
Page : 202 pages
File Size : 42,8 Mb
Release : 2013
Category : History
ISBN : 9780415638418

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Lessons and Legacies of the War on Terror by Gershon Shafir,Everard Meade,William J. Aceves Pdf

A decade after 9/11, it is increasingly difficult to deny that terror has prevailed - not as a specific enemy, but as a way of life. This book examines the social, cultural, and political drivers of the war on terror through the framework of a 'political moral panic'.

Author : Satvinder S. Juss
Publisher : Routledge
Page : 256 pages
File Size : 55,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781351006040

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Beyond Human Rights and the War on Terror by Satvinder S. Juss Pdf

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Author : Richard Wilson
Publisher : Cambridge University Press
Page : 376 pages
File Size : 42,7 Mb
Release : 2005-10-03
Category : Law
ISBN : 0521853192

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Human Rights in the 'War on Terror' by Richard Wilson Pdf

This book reviews the war on terror since 9/11 from a human rights perspective.

Author : Paul S. Wilson,Naval War College (U.S.)
Publisher : Naval War College Press
Page : 554 pages
File Size : 41,9 Mb
Release : 2003
Category : Law
ISBN : MSU:31293021182518

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International Law and the War on Terror by Paul S. Wilson,Naval War College (U.S.) Pdf

Author : David Wippman,Matthew Evangelista
Publisher : BRILL
Page : 309 pages
File Size : 51,8 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004479692

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New Wars, New Laws? Applying Laws of War in 21st Century Conflicts by David Wippman,Matthew Evangelista Pdf

This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 1071 pages
File Size : 48,7 Mb
Release : 2015-04-09
Category : Political Science
ISBN : 9781316194249

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The ‘War on Terror' and the Framework of International Law by Helen Duffy Pdf

Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

Author : James P. Terry
Publisher : Rowman & Littlefield Publishers
Page : 257 pages
File Size : 44,9 Mb
Release : 2013-05-30
Category : Law
ISBN : 9781442222441

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The War on Terror by James P. Terry Pdf

A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.