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Full-Text Articles in Military, War, and Peace

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell Nov 2013

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw May 2013

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Gary M. Shaw

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"