The Authority and Suitability of Military Commissions to Try the September 11th Terrorists

The Authority and Suitability of Military Commissions to Try the September 11th Terrorists

Author: Michele McAninch Miller

Publisher:

Published: 2002

Total Pages: 48

ISBN-13:

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In response to the horrific terrorist attacks of September 11th, the President as Commander-in-Chief issued an order directing the trial of al Qaeda members and other terrorists before military commissions. The order provoked a hornets' nest of reactions from the press, the legal community, and the public. Based on the rhetoric of many pundits and press, it was immediately apparent that little of substance is known about military commissions, which were last used following World War II. This paper traces the historical role and origins of these tribunals, their legal authority, and the advantages they offer over alternative means to try the September 11th terrorists. It concludes that military commissions are more than just appropriate forums for trying these perpetrators; they are, in fact, singularly suited for this purpose. Our nation is at war. Under the law, the al Qaeda terrorists are unlawful combatants who perpetrated monumental war crimes. The use of military commissions to successfully try such war crimes has been consistent throughout the history of war-fighting. There is constitutional authority and jurisdiction for their use, authority that the Supreme Court has upheld. Given the implementing procedures recently announced by the Department of Defense, military commissions will comport with due process and the rule of law, while ensuring the needs of national defense are well protected.


Book Synopsis The Authority and Suitability of Military Commissions to Try the September 11th Terrorists by : Michele McAninch Miller

Download or read book The Authority and Suitability of Military Commissions to Try the September 11th Terrorists written by Michele McAninch Miller and published by . This book was released on 2002 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the horrific terrorist attacks of September 11th, the President as Commander-in-Chief issued an order directing the trial of al Qaeda members and other terrorists before military commissions. The order provoked a hornets' nest of reactions from the press, the legal community, and the public. Based on the rhetoric of many pundits and press, it was immediately apparent that little of substance is known about military commissions, which were last used following World War II. This paper traces the historical role and origins of these tribunals, their legal authority, and the advantages they offer over alternative means to try the September 11th terrorists. It concludes that military commissions are more than just appropriate forums for trying these perpetrators; they are, in fact, singularly suited for this purpose. Our nation is at war. Under the law, the al Qaeda terrorists are unlawful combatants who perpetrated monumental war crimes. The use of military commissions to successfully try such war crimes has been consistent throughout the history of war-fighting. There is constitutional authority and jurisdiction for their use, authority that the Supreme Court has upheld. Given the implementing procedures recently announced by the Department of Defense, military commissions will comport with due process and the rule of law, while ensuring the needs of national defense are well protected.

Order in the Court

Order in the Court

Author: Mark Romaneski

Publisher:

Published: 2002

Total Pages: 36

ISBN-13:

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This paper examines some historical military commissions, explores the legal basis for them and assesses the policy from a strategic perspective.


Book Synopsis Order in the Court by : Mark Romaneski

Download or read book Order in the Court written by Mark Romaneski and published by . This book was released on 2002 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines some historical military commissions, explores the legal basis for them and assesses the policy from a strategic perspective.

Counter-Terrorism and the Use of Force in International Law

Counter-Terrorism and the Use of Force in International Law

Author:

Publisher: DIANE Publishing

Published: 2002

Total Pages: 107

ISBN-13: 1428960821

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In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.


Book Synopsis Counter-Terrorism and the Use of Force in International Law by :

Download or read book Counter-Terrorism and the Use of Force in International Law written by and published by DIANE Publishing. This book was released on 2002 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.

Crimes Committed by Terrorist Groups

Crimes Committed by Terrorist Groups

Author: Mark S. Hamm

Publisher: DIANE Publishing

Published: 2011

Total Pages: 258

ISBN-13: 1437929591

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This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.


Book Synopsis Crimes Committed by Terrorist Groups by : Mark S. Hamm

Download or read book Crimes Committed by Terrorist Groups written by Mark S. Hamm and published by DIANE Publishing. This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.

9/11 and Terrorist Travel

9/11 and Terrorist Travel

Author: National Commission on Terrorist Attacks

Publisher: Turner Publishing Company

Published: 2004-09-01

Total Pages: 343

ISBN-13: 1618588583

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Finally, the answer to the question people have asked since 9/11: How DID the terrorists enter the United States?"" Before 19 hijackers could commit the terrorist attacks of September 11, 2001, they passed through U.S. border security 68 times. In all, they had 25 contacts with consular officers and 43 contacts with immigration and customs authorities -- none of whom suspected they were al Qaeda operatives. This book includes the complete staff report Time.com called ""tantalizing and important"" and represents important investigative work by the staff, providing substantial information and analysis not fully represented in The 9/11 Commission Report. Now for the first time in book form, this report includes o full color digital images of the travel documents used by the 9/11 hijackers o A chronology of the 9/11 terrorist travel operation and the hijackers' contacts with U.S. border officials oComplete, highly descriptive endnotes oDetailedappendices""


Book Synopsis 9/11 and Terrorist Travel by : National Commission on Terrorist Attacks

Download or read book 9/11 and Terrorist Travel written by National Commission on Terrorist Attacks and published by Turner Publishing Company. This book was released on 2004-09-01 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finally, the answer to the question people have asked since 9/11: How DID the terrorists enter the United States?"" Before 19 hijackers could commit the terrorist attacks of September 11, 2001, they passed through U.S. border security 68 times. In all, they had 25 contacts with consular officers and 43 contacts with immigration and customs authorities -- none of whom suspected they were al Qaeda operatives. This book includes the complete staff report Time.com called ""tantalizing and important"" and represents important investigative work by the staff, providing substantial information and analysis not fully represented in The 9/11 Commission Report. Now for the first time in book form, this report includes o full color digital images of the travel documents used by the 9/11 hijackers o A chronology of the 9/11 terrorist travel operation and the hijackers' contacts with U.S. border officials oComplete, highly descriptive endnotes oDetailedappendices""

First 109 Minutes: 9/11 And The U.S. Air Force.

First 109 Minutes: 9/11 And The U.S. Air Force.

Author: Priscilla D. Jones

Publisher: Pickle Partners Publishing

Published: 2014-08-15

Total Pages: 129

ISBN-13: 1782893857

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Tuesday, Sep. 11, 2001, dawned cool and clear, with sunny skies all along the eastern seaboard. For Air Force aviators like Lt. Col. Timothy "Duff" Duffy of the 102d Fighter Wing at Otis Air National Guard Base, Massachusetts, the day held the promise of perfect flying weather, at a time when the U.S. civil aviation system was enjoying a period of relative peace, despite concerns about a growing terrorist threat. More than ten years had passed since the last hijacking or bombing of a U.S. air carrier. That morning, however, the country came under a shocking, coordinated aerial assault by nineteen al Qaeda hijackers...The attack plan carried out by the suicide operatives had been years in the making. It was intended to cause mass, indiscriminate casualties and to destroy or damage the nation’s financial, military, and political centers, four high value U.S. targets selected by bin Laden, independent operator Khalid Sheikh Mohammed, and al Qaeda operations chief Mohammed Atef... By the time 1 World Trade Center, North Tower, collapsed at 10:28 a.m. EDT, almost three thousand people had been killed or were dying; the financial center of the U.S. had been reduced to burning, toxic rubble; the iconic symbol of the military strength of the country had been severely damaged; the tranquility of a field in Pennsylvania had been shattered; U.S. Air Force and Air National Guard fighter aircraft had set up combat air patrols over Washington, D.C., and New York City; and the administration of President George W. Bush and the Department of Defense (DOD) had begun shifting major resources of the federal government and military services to a new national priority, homeland defense.


Book Synopsis First 109 Minutes: 9/11 And The U.S. Air Force. by : Priscilla D. Jones

Download or read book First 109 Minutes: 9/11 And The U.S. Air Force. written by Priscilla D. Jones and published by Pickle Partners Publishing. This book was released on 2014-08-15 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tuesday, Sep. 11, 2001, dawned cool and clear, with sunny skies all along the eastern seaboard. For Air Force aviators like Lt. Col. Timothy "Duff" Duffy of the 102d Fighter Wing at Otis Air National Guard Base, Massachusetts, the day held the promise of perfect flying weather, at a time when the U.S. civil aviation system was enjoying a period of relative peace, despite concerns about a growing terrorist threat. More than ten years had passed since the last hijacking or bombing of a U.S. air carrier. That morning, however, the country came under a shocking, coordinated aerial assault by nineteen al Qaeda hijackers...The attack plan carried out by the suicide operatives had been years in the making. It was intended to cause mass, indiscriminate casualties and to destroy or damage the nation’s financial, military, and political centers, four high value U.S. targets selected by bin Laden, independent operator Khalid Sheikh Mohammed, and al Qaeda operations chief Mohammed Atef... By the time 1 World Trade Center, North Tower, collapsed at 10:28 a.m. EDT, almost three thousand people had been killed or were dying; the financial center of the U.S. had been reduced to burning, toxic rubble; the iconic symbol of the military strength of the country had been severely damaged; the tranquility of a field in Pennsylvania had been shattered; U.S. Air Force and Air National Guard fighter aircraft had set up combat air patrols over Washington, D.C., and New York City; and the administration of President George W. Bush and the Department of Defense (DOD) had begun shifting major resources of the federal government and military services to a new national priority, homeland defense.

The Senate Intelligence Committee Report on Torture (Academic Edition)

The Senate Intelligence Committee Report on Torture (Academic Edition)

Author: Senate Select Committee On Intelligence

Publisher: Melville House

Published: 2020-02-18

Total Pages: 672

ISBN-13: 1612198473

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The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.


Book Synopsis The Senate Intelligence Committee Report on Torture (Academic Edition) by : Senate Select Committee On Intelligence

Download or read book The Senate Intelligence Committee Report on Torture (Academic Edition) written by Senate Select Committee On Intelligence and published by Melville House. This book was released on 2020-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.

Making the Nation Safer

Making the Nation Safer

Author:

Publisher:

Published: 2002

Total Pages:

ISBN-13: 9780309084802

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This report describes many ways in which science and engineering can contribute to making the nation safer against the threat of catastrophic terrorism. The report identifies key actions that can be undertaken now, based on knowledge and technologies in hand, and, equally important, describes key opportunities for reducing current and future risks through longer-term research and development activities.


Book Synopsis Making the Nation Safer by :

Download or read book Making the Nation Safer written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report describes many ways in which science and engineering can contribute to making the nation safer against the threat of catastrophic terrorism. The report identifies key actions that can be undertaken now, based on knowledge and technologies in hand, and, equally important, describes key opportunities for reducing current and future risks through longer-term research and development activities.

In Pursuit of Justice

In Pursuit of Justice

Author: Richard B. Zabel

Publisher:

Published: 2008

Total Pages: 190

ISBN-13:

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In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.


Book Synopsis In Pursuit of Justice by : Richard B. Zabel

Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

Jihadist Terrorist Use of Strategic Communication Management Techniques

Jihadist Terrorist Use of Strategic Communication Management Techniques

Author: Carsten Bockstette

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 28

ISBN-13: 1437920586

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Since the symmetrical-global East-West conflict was decided in favor of the West, numerous asymmetrical conflicts have erupted around the globe. Jihadist terrorism has spread beyond the borders of the regions in which it had its origin and has reached a global dimension. Research and analysis of the root causes and underlying conditions, motivators and enablers of terrorism including the agitation propaganda of jihadist terrorists are vital to shaping appropriate countermeasures to the threat from Islamic terrorism. This paper looks at the jihadist use of strategic communication management techniques. The mass media and especially the Internet have become the key enablers and the main strategic communication assets for terrorists and have ensured them a favorable communication asymmetry.


Book Synopsis Jihadist Terrorist Use of Strategic Communication Management Techniques by : Carsten Bockstette

Download or read book Jihadist Terrorist Use of Strategic Communication Management Techniques written by Carsten Bockstette and published by DIANE Publishing. This book was released on 2010-11 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the symmetrical-global East-West conflict was decided in favor of the West, numerous asymmetrical conflicts have erupted around the globe. Jihadist terrorism has spread beyond the borders of the regions in which it had its origin and has reached a global dimension. Research and analysis of the root causes and underlying conditions, motivators and enablers of terrorism including the agitation propaganda of jihadist terrorists are vital to shaping appropriate countermeasures to the threat from Islamic terrorism. This paper looks at the jihadist use of strategic communication management techniques. The mass media and especially the Internet have become the key enablers and the main strategic communication assets for terrorists and have ensured them a favorable communication asymmetry.