The Rule Of Law The Global War On Terrorism
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| Author | : Gabriella Blum |
| Publisher | : MIT Press |
| Total Pages | : 254 |
| Release | : 2010-09-24 |
| Genre | : Political Science |
| ISBN | : 0262289091 |
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 | : James P. Terry |
| Publisher | : Rowman & Littlefield Publishers |
| Total Pages | : 257 |
| Release | : 2013-05-30 |
| Genre | : Law |
| ISBN | : 1442222441 |
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.
| Author | : Mark R. Shulman |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 516 |
| Release | : 2007-02-19 |
| Genre | : Law |
| ISBN | : 1567207081 |
The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.
| Author | : Emanuel Gross |
| Publisher | : University of Virginia Press |
| Total Pages | : 318 |
| Release | : 2006 |
| Genre | : Political Science |
| ISBN | : 9780813925318 |
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
| Author | : Benjamin Wittes |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 435 |
| Release | : 2010-02-01 |
| Genre | : Political Science |
| ISBN | : 0815704178 |
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 | : Richard Wilson |
| Publisher | : Cambridge University Press |
| Total Pages | : 376 |
| Release | : 2005-10-03 |
| Genre | : Law |
| ISBN | : 9780521853194 |
This book reviews the war on terror since 9/11 from a human rights perspective.
| Author | : |
| Publisher | : |
| Total Pages | : 248 |
| Release | : 2009 |
| Genre | : Admissible evidence |
| ISBN | : |
| Author | : C. Webel |
| Publisher | : Springer |
| Total Pages | : 386 |
| Release | : 2011-11-14 |
| Genre | : Political Science |
| ISBN | : 1137001933 |
Presenting the reader with provocative articles that critically examine the morality of the war on terrorism as it has evolved over the past eight years, this book consists of articles that effectively address specific aspects of the war on terrorism that are missing or underrepresented in ethical discourse since 9/11
| Author | : Ingrid Detter de Lupis Frankopan |
| Publisher | : Cambridge University Press |
| Total Pages | : 564 |
| Release | : 2000-09-28 |
| Genre | : Law |
| ISBN | : 9780521787758 |
| Author | : Geoffrey S. Corn |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 306 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0190221410 |
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding 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 is as important today as it was in September 2001. 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, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, 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.
