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2006

Military, War, and Peace

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Law

Law And Terror, Kenneth Anderson Sep 2006

Law And Terror, Kenneth Anderson

Kenneth Anderson

This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …

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Doomed Internationalist, Kenneth Anderson Sep 2006

Doomed Internationalist, Kenneth Anderson

Kenneth Anderson

Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …

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The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda Dec 2005

The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda

Ronald D. Rotunda

The War on Terror, more than any other war, involves lawyers. For example, they track down terrorist funding, freeze bank funds, and engage in electronic surveillance. Even more significantly, those whom the military has captured are using the U.S. court system to seek release from their detention. While there are a few cases on this issue going back to the Civil War and World War II, the U.S. Supreme Court has issued major rulings on this question in the last few years. The media and those suing the Government claim that these cases have rejected and dealt severe blows to …

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Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy Dec 2005

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …

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