International Law And The War On Terror
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| Author | : Helen Duffy |
| Publisher | : Cambridge University Press |
| Total Pages | : 542 |
| Release | : 2005-07-28 |
| Genre | : History |
| ISBN | : 0521838509 |
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 | : 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 | : 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.
| 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 | : 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 | : Daniel Moeckli |
| Publisher | : OUP Oxford |
| Total Pages | : 300 |
| Release | : 2008-01-24 |
| Genre | : Law |
| ISBN | : 0199239800 |
This book analyses the human rights impacts of anti-terrorism laws and practices post September 11th. It evaluates whether there are objective grounds for singling out people based on their nationality, national origin, 'race', or religion and argues that discriminatory anti-terrorism measures will fundamentally reshape these legal regimes.
| Author | : Christine Chinkin |
| Publisher | : Cambridge University Press |
| Total Pages | : 611 |
| Release | : 2017-04-27 |
| Genre | : History |
| ISBN | : 1107171210 |
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
| Author | : Nils Melzer |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 523 |
| Release | : 2008-05-29 |
| Genre | : Law |
| ISBN | : 0199533164 |
This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
| Author | : Ben Saul |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9780199535477 |
This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
| Author | : Satvinder S. Juss |
| Publisher | : Routledge |
| Total Pages | : 290 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1351006045 |
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.
