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Terrorism And The Law Of War
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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 Terrorism and Global Justice. 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 11, 2001, the nation continues to prosecute an armed conflict against transnational terrorist groups. Today, it remains just as vital to understand 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. 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, and trial by military commission of captured terrorist operatives, 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 jacket.
Book Synopsis Rethinking the Law of Armed Conflict in an Age of Terrorism by : Christopher A. Ford
Download or read book Rethinking the Law of Armed Conflict in an Age of Terrorism written by Christopher A. Ford and published by Lexington Books. This book was released on 2012 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."
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
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.
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.
Book Synopsis Law in the War on International Terrorism by : Ved Nanda
Download or read book Law in the War on International Terrorism written by Ved Nanda and published by BRILL. This book was released on 2021-10-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent legal responses to international terrorism have been unprecedented and, in certain instances, controversial. Challenges for the legal community, especially scholars, are to explore alternatives and recommend measures within a legal framework to solve this multi-faceted problem. Contributors to this important book have accepted and risen to this challenge. They describe and provide a comprehensive and insightful analysis of the pertinent domestic, bilateral, regional and international legal developments in the war against terrorism. Subjects covered include Terrorism, International Law and International Organizations; The U.N. in the War Against International Terrorism; Lawful and Unlawful Wars Against Terrorism; The Threat of Nuclear Terrorism; Detention of Terrorists As Unlawful Combatants and Their Trial by American Military Tribunals; and much more. The authors include distinguished legal scholars and award winning jurists and practitioners, among them Peter Kovacs, Mary Ellen O'Connell, Larry D. Johnson, Robert Hardaway, Christopher Hardaway, James Siegesmund, Spencer J. Corona, Neal A. Richardson, Claude d'Estree, James A. R. Nafziger, Ronald R. Robinson, and Ved P. Nanda. Published under the Transnational Publishers imprint.
Book Synopsis Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict by : Elizabeth Chadwick
Download or read book Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict written by Elizabeth Chadwick and published by BRILL. This book was released on 2023-08-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of `Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed `terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination `as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.
Book Synopsis Laws, Outlaws, and Terrorists by : Gabriella Blum
Download or read book Laws, Outlaws, and Terrorists written by Gabriella Blum and published by MIT Press. This book was released on 2010-09-24 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
Book Synopsis Terrorism, War and International Law by : Dr Myra Williamson
Download or read book Terrorism, War and International Law written by Dr Myra Williamson and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
Book Synopsis Enemy Combatants, Terrorism, and Armed Conflict Law by : David K. Linnan
Download or read book Enemy Combatants, Terrorism, and Armed Conflict Law written by David K. Linnan and published by Bloomsbury Publishing USA. This book was released on 2008-01-30 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.
Book Synopsis The Law of Armed Conflict by : Gary D. Solis
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Book Synopsis Terrorism Law by : Jeffrey F. Addicott
Download or read book Terrorism Law written by Jeffrey F. Addicott and published by Lawyers & Judges Publishing. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now fully updated, this fifth edition highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism.
Author :Michael N. Schmitt Publisher :Springer Science & Business Media ISBN 13 :9789067047401 Total Pages :640 pages Book Rating :4.0/5 (474 download)
Book Synopsis Essays on Law and War at the Fault Lines by : Michael N. Schmitt
Download or read book Essays on Law and War at the Fault Lines written by Michael N. Schmitt and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.
Book Synopsis Terrorism and the Right to Resist by : Christopher J. Finlay
Download or read book Terrorism and the Right to Resist written by Christopher J. Finlay and published by Cambridge University Press. This book was released on 2015-08-07 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic account of the right to resist oppression and of the forms of armed force it can justify.
Book Synopsis Terrorism, War, or Disease? by : Anne Clunan
Download or read book Terrorism, War, or Disease? written by Anne Clunan and published by Stanford University Press. This book was released on 2008-05-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of biological warfare (BW) agents by states or terrorists is one of the world's most frightening security threats but, thus far, little attention has been devoted to understanding how to improve policies and procedures to identify and attribute BW events. Terrorism, War, or Disease? is the first book to examine the complex political, military, legal, and scientific challenges involved in determining when BW have been used and who has used them. Through detailed analysis of the most significant and controversial allegations of BW use from the Second World War to the present, internationally recognized experts assess past attempts at attribution of unusual biological events and draw lessons to improve our ability to counter these deadly silent killers. This volume presents the most comprehensive analysis of actual and alleged BW use, and provides an up-to-date evaluation of law enforcement, forensic epidemiology, and arms control measures available to policymakers to investigate and attribute suspected attacks.
