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Terrorism

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National Security Law

Mary Ellen O'Connell

Articles 1 - 3 of 3

Full-Text Articles in Law

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell Nov 2013

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.


The Choice Of Law Against Terrorism, Mary Ellen O'Connell Nov 2013

The Choice Of Law Against Terrorism, Mary Ellen O'Connell

Mary Ellen O'Connell

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.


The Legal Case Against The Global War On Terror, Mary Ellen O'Connell Nov 2013

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.