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Full-Text Articles in Military, War, and Peace
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
All Faculty Scholarship
In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Life of the Law School (1993- )
No abstract provided.
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
Faculty Publications
Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists' extreme human rights violations without violating international humanitarian law.