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Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 119 |
Release | : 2005 |
Genre | : |
ISBN | : 1437923011 |
Download Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? Book in PDF, ePub and Kindle
This monograph is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. The author, a retired Army lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus that constitutes the law of war. As background, he provides a theoretical framework and the development of the law within Western and, specifically, U.S. Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency between 1952 and 1960 in Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the conflict include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The genesis of this study is the public discourse asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain consistent with the principles of Geneva, or do we approach the conflict as a new challenge requiring fundamental revisions to the law? According to the author, law-of-war violations are neither necessary nor excusable for successful prosecution of military operations in any environment, and because the law of war in its current form is more than adequate to face the new GWOT challenges, it does not warrant revision.
Author | : Hoedong Kim |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : Humanitarian law |
ISBN | : |
Download Global War on Terror and the Rule of Law in International Humanitarian Law Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 286 |
Release | : 2009 |
Genre | : Detention of persons |
ISBN | : |
Download The Rule of Law & the Global War on Terrorism Book in PDF, ePub and Kindle
Author | : Helen Duffy |
Publisher | : Cambridge University Press |
Total Pages | : 542 |
Release | : 2005-07-28 |
Genre | : History |
ISBN | : 0521838509 |
Download The 'War on Terror' and the Framework of International Law Book in PDF, ePub and Kindle
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.
Author | : Richard M. Pious |
Publisher | : |
Total Pages | : 302 |
Release | : 2006 |
Genre | : Law |
ISBN | : |
Download The War on Terrorism and the Rule of Law Book in PDF, ePub and Kindle
A detailed and accessible discussion of due process issues invoked by the George W. Bush administration's war on terror.
Author | : Andrew Lynch |
Publisher | : Federation Press |
Total Pages | : 276 |
Release | : 2007 |
Genre | : Juvenile Nonfiction |
ISBN | : 9781862876743 |
Download Law and Liberty in the War on Terror Book in PDF, ePub and Kindle
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
Author | : Gabriella Blum |
Publisher | : MIT Press |
Total Pages | : 254 |
Release | : 2010-09-24 |
Genre | : Political Science |
ISBN | : 0262289091 |
Download Laws, Outlaws, and Terrorists Book in PDF, ePub and Kindle
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.
Author | : Jeffrey F. Addicott |
Publisher | : Lawyers & Judges Publishing |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Human rights |
ISBN | : 9780913875759 |
Download Terrorism Law Book in PDF, ePub and Kindle
Author | : Richard L. Abel |
Publisher | : Cambridge University Press |
Total Pages | : 939 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1108429815 |
Download Law's Wars Book in PDF, ePub and Kindle
Law's Wars is the first comprehensive account of efforts to resist and correct rule of law violations in the US 'war on terror'.
Author | : Rebecca Sanders |
Publisher | : Oxford University Press |
Total Pages | : 256 |
Release | : 2018-08-01 |
Genre | : Political Science |
ISBN | : 0190870575 |
Download Plausible Legality Book in PDF, ePub and Kindle
In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing. Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.