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Articles 1 - 23 of 23
Full-Text Articles in Entire DC Network
The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney
The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney
Bobby Chesney
This article provides a comprehensive overview of the law prohibiting the provision of material support to designated foreign terrorist organizations (as well as two related statutes). In it, I examine the origins of the statute, the manner in which it can be used to prosecute persons suspected of being potential terrorists, and an array of constitutional and security-based objections to the law. The article concludes with suggestions for reform.
Law Vs. War: Competing Approaches To Fighting Terrorism, Shawn Boyne Ms., Michael German Mr., Paul R. Pillar Dr., Dallas D. Owens Dr.
Law Vs. War: Competing Approaches To Fighting Terrorism, Shawn Boyne Ms., Michael German Mr., Paul R. Pillar Dr., Dallas D. Owens Dr.
Monographs, Collaborative Studies, & IRPs
The authors address one of the fundamental assumptions underlying the conduct of the War on Terrorism - the nature of our enemy, whether perpetrators of terrorist activities are criminals or soldiers (combatants). Although the United States recognizes that terrorist acts are certainly illegal, it has chosen to treat perpetrators as combatants; but much of the world, including many of our traditional allies, have opted for a purely legalistic approach. Disagreement about assumptions is not the only basis for divergent policies for confronting terrorism, but certainly explains much of our inability to agree on strategies to overcome what we recognize as …
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
San Diego International Law Journal
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …
Rescuing The Law Ofwar: A Way Forward In An Era Of Global Terrorism, Michael H. Hoffman
Rescuing The Law Ofwar: A Way Forward In An Era Of Global Terrorism, Michael H. Hoffman
The US Army War College Quarterly: Parameters
No abstract provided.
Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi
Cornell Law School Inter-University Graduate Student Conference Papers
The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our past …
Colombia, Travis Ning
Colombia, Travis Ning
Human Rights & Human Welfare
The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …
The Essentialist Terrorist, Ali Khan
The Essentialist Terrorist, Ali Khan
Ali Khan
There is a coordianted effort on part of academics, scholars, think-tankers, journalists and others to create a profle of Muslim militants as essentialist terrorists who commit heartless violence because they are spiritually addicted to violence. These authors argue that no concrete grievances or violations of rights cause Muslim militancy. Free to trash the core beliefs of Islam and free to make fun of Islamic creeds, the Highly influential Terrorist Literature (HITLit) has successfully equated puritan Islam with terrorism. Most HITLit authors, known as terrorism experts, are research associates with influential think tanks such as RAND and the American Enterprise Institute, …
Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz
Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz
The Modern American
No abstract provided.
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Indiana Journal of Global Legal Studies
The Institute for Advanced Study Branigin Lecture
Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar
Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar
Denver Journal of International Law & Policy
No abstract provided.
Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel, And India, Arunabha Bhoumik
Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel, And India, Arunabha Bhoumik
Denver Journal of International Law & Policy
No abstract provided.
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Human Rights & Human Welfare
Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.
Human Rights, Terrorism And International Law, David P. Stewart
Human Rights, Terrorism And International Law, David P. Stewart
Villanova Law Review
No abstract provided.
Background For The “War On Terror”
Background For The “War On Terror”
Human Rights & Human Welfare
September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.
Afghanistan, Greg Sanders
Afghanistan, Greg Sanders
Human Rights & Human Welfare
After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?
Pre-Empting Terrorism: A Comment, Andrew Goldsmith
Pre-Empting Terrorism: A Comment, Andrew Goldsmith
Faculty of Law, Humanities and the Arts - Papers (Archive)
Transnational networks play an increasingly significant role in promoting violence as well as ideological dissent. While the debate continues over the characterization of the 'war on terror', how competently criminology is able to tackle such an issue riddled with transnational and cross-cultural dimension still remains an open question.
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …
Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay
Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay
Northwestern Journal of Human Rights
No abstract provided.
The Fourth Amendment And Terrorism, John Burkoff
The Fourth Amendment And Terrorism, John Burkoff
Articles
The important questions we need to ask and to answer B in the perilous times in which we live B is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that …
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Articles
This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …
Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett
Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett
Journal Articles
There is nothing new in the United Kingdom about either the threat of terrorism or a legal response to it. For almost one hundred and fifty years, the troubled spectre of Irish politics has haunted mainland Britain and produced a variety of reactions, some worth noting and others richly deserving oblivion. In surveying the legislation it is important to bear in mind that the events of September 11, 2001 did not immediately bring about any dramatic change in the legislation directed to anti-terrorism. Most of it was already there. Having said that, the events of 9/11 have certainly had an …
Policing Post-9/11, Robert J. Louden
Policing Post-9/11, Robert J. Louden
Fordham Urban Law Journal
This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World
Fordham Urban Law Journal
The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …