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The United States International Law And The Struggle Against Terrorism
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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 Routledge. This book was released on 2009-10-22 with total page 395 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".
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.
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.
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 International Law, the United States, and the Non-Military 'War' Against Terrorism by : Sean D. Murphy
Download or read book International Law, the United States, and the Non-Military 'War' Against Terrorism written by Sean D. Murphy and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Considerable attention is focused on the use of military force as a means of combating terrorism, whether it be in Afghanistan, Iraq or elsewhere However, the more dominant means for combating terrorism worldwide lies in non-forcible measures undertaken by states. In this realm, states that might otherwise be inclined to pursue unilateral action, such as the United States, are forced to pursue cooperative strategies that rely considerably on international law and international institutions. This essay briefly assesses various non-military initiatives undertaken by the United States - including criminal litigation and the imposition of economic sanctions on states and terrorist groups - so as to consider the broader question of whether, and if so how, international law and institutions are conditioning the behaviour of the United States. It demonstrates that, for various issues, US policy-makers and courts use international law and institutions as a means of advancing US interests, and suggests that in doing so US behaviour is affected by the expectations of the global community as embodied in international legal norms.
Book Synopsis Due Process and International Terrorism by : Roza Pati
Download or read book Due Process and International Terrorism written by Roza Pati and published by BRILL. This book was released on 2009-11-23 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Book Synopsis The United States and War Against Terrorism by : Katarína Troppová
Download or read book The United States and War Against Terrorism written by Katarína Troppová and published by . This book was released on 2015 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalism Across Borders in the Struggle Against Terrorism by : Federico Fabbrini
Download or read book Constitutionalism Across Borders in the Struggle Against Terrorism written by Federico Fabbrini and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
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 International Law Challenges by : Thomas McK. Sparks
Download or read book International Law Challenges written by Thomas McK. Sparks and published by . This book was released on 2006 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 420 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 The Law Against War by : Olivier Corten
Download or read book The Law Against War written by Olivier Corten and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
Book Synopsis International Law and the War on Terror by : Paul S. Wilson
Download or read book International Law and the War on Terror written by Paul S. Wilson and published by Naval War College Press. This book was released on 2003 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author :United States. Congress Publisher :Createspace Independent Publishing Platform ISBN 13 :9781983511950 Total Pages :60 pages Book Rating :4.5/5 (119 download)
Book Synopsis U. S. Diplomatic Efforts in the War Against Terrorism by : United States. Congress
Download or read book U. S. Diplomatic Efforts in the War Against Terrorism written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-05 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. diplomatic efforts in the war against terrorism : hearing before the Committee on International Relations, House of Representatives, One Hundred Seventh Congress, first session, October 24, 2001.
Book Synopsis Global and National Security Law by : Jeffrey F. Addicott
Download or read book Global and National Security Law written by Jeffrey F. Addicott and published by . This book was released on 2021-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Terrorism and the Law of War by : Research Congressional Research Service
Download or read book Terrorism and the Law of War written by Research Congressional Research Service and published by . This book was released on 2005 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 13, 2001, President Bush signed a Military Order pertaining to the detention, treatment, and trial of certain non-citizens as part of the war against terrorism. The order makes clear that the President views the crisis that began on the morning of September 11 as an attack "on a scale that has created a state of armed conflict that requires the use of the United States Armed Forces." The order finds that the effective conduct of military operations and prevention of military attacks make it necessary to detain certain non-citizens and if necessary, to try them "for violations of the laws of war and other applicable laws by military tribunals." The unprecedented nature of the September attacks and the magnitude of damage and loss of life they caused have led a number of officials and commentators to assert that the acts are not just criminal acts, they are "acts of war." The President's Military Order makes it apparent that he plans to treat the attacks as acts of war rather than criminal acts. The distinction may have more than rhetorical significance. Treating the attacks as violations of the international law of war could allow the United States to prosecute those responsible as war criminals, trying them by special military commission rather than in federal court. The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. The report will first present an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. Abrief explanation of the background issues and arguments surrounding the use of military commissions will follow. The report will then explore the legal bases and implications of applying the law of war under United States law, summarize precedent for its application by military commissions, and provide an analysis of the President's Military Order of November 13, 2001. Finally, the report discusses considerations for establishing rules of procedure and evidence that comport with international standards.
