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The War on Terror and the Laws of War

Author: Geoffrey S. Corn

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 306

ISBN-13: 0190221410

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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.

Book Synopsis The War on Terror and the Laws of War by : Geoffrey S. Corn

Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by Oxford University Press, USA. This book was released on 2015 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 and the Laws of War

Author: Michael Lewis

Publisher: Oxford University Press, USA

Published: 2009-10-15

Total Pages: 272

ISBN-13:

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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.

Book Synopsis The War on Terror and the Laws of War by : Michael Lewis

Download or read book The War on Terror and the Laws of War written by Michael Lewis and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The War on Terror and the Laws of War

Author: Geoffrey S. Corn

Publisher:

Published: 2014

Total Pages:

ISBN-13: 9780190221393

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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.

Book Synopsis The War on Terror and the Laws of War by : Geoffrey S. Corn

Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

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.

Human Rights in the 'War on Terror'

Author: Richard Wilson

Publisher: Cambridge University Press

Published: 2005-10-03

Total Pages: 376

ISBN-13: 9780521853194

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

Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson

Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.

Fresh Perspectives on the 'War on Terror'

Author: Miriam Gani

Publisher: ANU E Press

Published: 2008-07-01

Total Pages: 440

ISBN-13: 1921313749

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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

Book Synopsis Fresh Perspectives on the 'War on Terror' by : Miriam Gani

Download or read book Fresh Perspectives on the 'War on Terror' written by Miriam Gani and published by ANU E Press. This book was released on 2008-07-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

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

Trapped in the War on Terror

Author: Ian Lustick

Publisher: University of Pennsylvania Press

Published: 2006-09-06

Total Pages: 212

ISBN-13: 9780812239836

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"Ian Lustick has written a brave, forceful, and very valuable book. I wish that every politician promising to 'defend' America would read what he has to say. Failing that, the voters should."—James Fallows, National Correspondent, The Atlantic Monthly

Book Synopsis Trapped in the War on Terror by : Ian Lustick

Download or read book Trapped in the War on Terror written by Ian Lustick and published by University of Pennsylvania Press. This book was released on 2006-09-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Ian Lustick has written a brave, forceful, and very valuable book. I wish that every politician promising to 'defend' America would read what he has to say. Failing that, the voters should."—James Fallows, National Correspondent, The Atlantic Monthly