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Full-Text Articles in Law
Terrorism Law, Jeffrey F. Addicott
Terrorism Law, Jeffrey F. Addicott
Faculty Articles
The hard reality is that the United States has declared war on a tactic—terror. The nation must accept lawful force as the only tool that will allow us to win the war against our enemy. The “War on Terror” is unlike anything the people of the United States have seen or fought before. The issue is: Are we at war, or is this simply a metaphor like the “war on drugs” or the “war on poverty?” The Act of Congress signed by President George W. Bush was the first legal document that began to answer this inquiry. The 2006 Military …
The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott
The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott
Faculty Articles
It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).
It is necessary to first define the terms "torture" and …