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The War on Terror and the Laws of War

The War on Terror and the Laws of War
Author: Geoffrey S. Corn
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2015
Genre: Law
ISBN: 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.


The War on Terror and the Laws of War

The War on Terror and the Laws of War
Author: Michael Lewis
Publisher: Oxford University Press, USA
Total Pages: 272
Release: 2009-10-15
Genre: Law
ISBN:

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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.


The 'War on Terror' and the Framework of International Law

The 'War on Terror' and the Framework of International Law
Author: Helen Duffy
Publisher: Cambridge University Press
Total Pages: 542
Release: 2005-07-28
Genre: History
ISBN: 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.


The War on Terror

The War on Terror
Author: James P. Terry
Publisher: Rowman & Littlefield Publishers
Total Pages: 257
Release: 2013-05-30
Genre: Law
ISBN: 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.


The War on Terror and the Laws of War

The War on Terror and the Laws of War
Author: Geoffrey S. Corn
Publisher:
Total Pages:
Release: 2014
Genre: Terrorism
ISBN: 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.


Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror'
Author: Richard Wilson
Publisher: Cambridge University Press
Total Pages: 376
Release: 2005-10-03
Genre: Law
ISBN: 9780521853194

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


Fresh Perspectives on the 'War on Terror'

Fresh Perspectives on the 'War on Terror'
Author: Miriam Gani
Publisher: ANU E Press
Total Pages: 440
Release: 2008-07-01
Genre: Social Science
ISBN: 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.


Trapped in the War on Terror

Trapped in the War on Terror
Author: Ian Lustick
Publisher: University of Pennsylvania Press
Total Pages: 212
Release: 2006-09-06
Genre: History
ISBN: 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


Law and Liberty in the War on Terror

Law and Liberty in the War on Terror
Author: Andrew Lynch
Publisher: Federation Press
Total Pages: 276
Release: 2007
Genre: Juvenile Nonfiction
ISBN: 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


A War on Terror?

A War on Terror?
Author: Marianne Wade
Publisher: Springer Science & Business Media
Total Pages: 554
Release: 2009-11-05
Genre: Law
ISBN: 0387892915

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Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.