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Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?

This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review

No abstract provided.

Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol

UF Law Faculty Publications

This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran

Articles

The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy

Michigan Journal of International Law

Hopefully, the symposium will spark meaningful action toward creating such desperately needed solutions in the intersecting fields of law and national security policy as well as the study of international security law in law schools world-wide. Without such education, continued dialogue, and action, we mark the beginning of the end. With them, however, this world may continue on its road toward becoming a collection of secure democracies, held fast by the rule of law.

Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman

Michigan Journal of International Law

The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?

The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.

The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch

Dalhousie Law Journal

In February and March 1988, two diplomatic conferences were convened under the auspices of the International Civil Aviation Organization (hereinafter referred to as "ICAO") and the International Maritime Organization (hereinafter referred to as "IMO") respectively, to develop new instruments aimed at preventing and punishing terrorist acts not covered by previous conventions. On 21 February, the ICAO Conference adopted by consensus the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971 (hereinafter …

United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne

Michigan Journal of International Law

This Note concludes that while the court's rationale is disingenuous and misleading, the final decision was an appropriate reaffirmation of the importance which American jurisprudence places on international obligations. In Part One, this Note discusses whether the dispute resolution provisions of the Headquarters Agreement precluded the district court's jurisdiction over the parties and subject matter of this case. Part Two examines the constitutional hierarchy of the ATA and the Headquarters Agreement to determine which should govern this dispute. If the court had concluded that it lacked jurisdiction, the case would have been dismissed from the U.S. court system, leaving the …

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams

Articles & Book Chapters

In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.

Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman

Penn State International Law Review

This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Michigan Journal of International Law

The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …

Terrorism And The Democratic State, Alona E. Evans

Michigan Law Review

A Review of A Time of Terror: How Democratic Societies Respond to Revolutionary Violence by J. Bowyer Bell

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

Harboring Conspiracy, Henry W. Rogers

Articles

That the American people should naturally sympathize with Ireland in its demand for home rule is to be expected from the very nature of our institutions and theory of government. We in this country are of the opinion that Ireland, in demanding from England the right to regulate its domestic affairs in its own way and by its own laws, presents an honorable and a just cause, which appeals to our sympathy and sense of right. But it makes no difference bow honorable and legitimate a cause may be in itself, if it be supported by means which are not …

So You Think A Woman Can't Carry Out A Suicide Bombing? Terrorism, Homeland Security, And Gender Profiling: Legal Discrimination For National Security, Ashley Nicole Reynolds

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.