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Legal Issues in the Struggle Against Terror

Author: John Norton Moore

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9781594608308

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More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation's first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America's most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with "hate propaganda" without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror. "Open discussions about the issues contained in Legal Issues in the Struggle Against Terror are essential if we are to develop a sound, transparent, durable legal regime as a key component of the continuing fight against terrorism." The Law and Politics Book Review

Book Synopsis Legal Issues in the Struggle Against Terror by : John Norton Moore

Download or read book Legal Issues in the Struggle Against Terror written by John Norton Moore and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation's first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America's most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with "hate propaganda" without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror. "Open discussions about the issues contained in Legal Issues in the Struggle Against Terror are essential if we are to develop a sound, transparent, durable legal regime as a key component of the continuing fight against terrorism." The Law and Politics Book Review

The Struggle of Democracy Against Terrorism

Author: Emanuel Gross

Publisher: University of Virginia Press

Published: 2006

Total Pages: 318

ISBN-13: 9780813925318

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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.

Book Synopsis The Struggle of Democracy Against Terrorism by : Emanuel Gross

Download or read book The Struggle of Democracy Against Terrorism written by Emanuel Gross and published by University of Virginia Press. This book was released on 2006 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Counter-Terrorism, Human Rights and the Rule of Law

Author: Aniceto Masferrer

Publisher: Edward Elgar Publishing

Published: 2013-09-30

Total Pages: 354

ISBN-13: 178195447X

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ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer

Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

The United States, International Law and the Struggle against Terrorism

Author: Thomas McDonnell

Publisher: Taylor & Francis

Published: 2023-05-09

Total Pages: 351

ISBN-13: 1000938492

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This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".

Book Synopsis The United States, International Law and the Struggle against Terrorism by : Thomas McDonnell

Download or read book The United States, International Law and the Struggle against Terrorism written by Thomas McDonnell and published by Taylor & Francis. This book was released on 2023-05-09 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".

A War on Terror?

Author: Marianne Wade

Publisher: Springer Science & Business Media

Published: 2009-11-05

Total Pages: 554

ISBN-13: 0387892915

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Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.

Book Synopsis A War on Terror? by : Marianne Wade

Download or read book A War on Terror? written by Marianne Wade and published by Springer Science & Business Media. This book was released on 2009-11-05 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.

The United States, International Law, and the Struggle Against Terrorism

Author: Thomas Michael McDonnell

Publisher:

Published: 2010

Total Pages: 298

ISBN-13: 0415488982

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This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.

Book Synopsis The United States, International Law, and the Struggle Against Terrorism by : Thomas Michael McDonnell

Download or read book The United States, International Law, and the Struggle Against Terrorism written by Thomas Michael McDonnell and published by . This book was released on 2010 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.

Legislating the War on Terror

Author: Benjamin Wittes

Publisher: Rowman & Littlefield

Published: 2010-02-01

Total Pages: 435

ISBN-13: 0815704178

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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

Book Synopsis Legislating the War on Terror by : Benjamin Wittes

Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The War on Terror

Author: James P. Terry

Publisher: Rowman & Littlefield Publishers

Published: 2013-05-30

Total Pages: 257

ISBN-13: 1442222441

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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.

Book Synopsis The War on Terror by : James P. Terry

Download or read book The War on Terror written by James P. Terry and published by Rowman & Littlefield Publishers. This book was released on 2013-05-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Liberty in the War on Terror

Author: Andrew Lynch

Publisher: Federation Press

Published: 2007

Total Pages: 276

ISBN-13: 9781862876743

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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

Book Synopsis Law and Liberty in the War on Terror by : Andrew Lynch

Download or read book Law and Liberty in the War on Terror written by Andrew Lynch and published by Federation Press. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The 'War on Terror' and the Framework of International Law

Author: Helen Duffy

Publisher: Cambridge University Press

Published: 2005-07-28

Total Pages: 542

ISBN-13: 0521838509

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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.

Book Synopsis The 'War on Terror' and the Framework of International Law by : Helen Duffy

Download or read book The 'War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2005-07-28 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.