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Between Law And Justice: Kant, Derrida, And Religious Violence, Evgeni V. Pavlov

Electronic Theses and Dissertations

Although a number of approaches to the issue of religious violence are already available for academic consumption, this study attempts to approach the problem of the violent tension between religious principles and secular socio-political realities from a new perspective. We argue that religious violence is best conceptualized as a moment of crisis in the relationship between law and justice, considered as both intimately related (in Kant's analysis of the rightful condition) and peculiarly disjointed (in Derrida's reflections on the possibility of "justice beyond law"). We provide a preliminary account of the necessary conditions for a future theory of religious violence …

Slaying The Dragon: An Analysis On How To Dismantle Terrorist Organizations, Caroline Kelly

Electronic Theses and Dissertations

Terrorism has become a rising threat to international peace and security all over the world. It is not a new problem to the world scene, but increasingly crucial to the United States. While al-Qaeda is the most current threat to many countries in the world and may seem impossible to put down, terrorist organizations have been defeated throughout history. Understanding the major causes of other group's demise may teach us useful skills in how to defeat the current problems. The most useful policies that have been effective in defeating terrorism have been policing, politicization, and military actions in corporation with …

Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust

William Mitchell Law Review

No abstract provided.

Guantanamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman

Case Western Reserve Journal of International Law

No abstract provided.

The Long Game: Hamas, The Ira, And The Politics Of Radicalization In Palestine And Northern Ireland, Dan O'Sullivan

Honors Theses

The value of a comparative study of the two conflicts stems from a remarkable similarity in the structural organization of political violence by its most influential practitioners: the IRA and Hamas. At the core, I have merely tried my best to approach a beguiling question in a fresh, dynamic way. The stultifying discourse of conflict that serves as lingua franca for the Israeli‐Palestinian issue has largely reduced strategic debate to how best the conflict can be managed – not ended. Prime Minister Benjamin Netanyahu’s focus on “economic peace” and unwillingness to commit to a two‐state solution – the consensus that …

Doomed To Be Violated - The U.S.-Israeli Clandestine End-User Agreement And The Second Lebanon War: Lessons For The Convention On Cluster Munitions, Eitan Barak

Denver Journal of International Law & Policy

No abstract provided.

The International Legality Of U.S. Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy

GW Law Faculty Publications & Other Works

To date, U.S. cross-border operations from Afghanistan into Pakistan have taken three forms: the use of Predator drones to target Al Qaeda fighters (although such drones may be launched solely from within Pakistan); the "hot pursuit" of militants who engaged in raids from Pakistan against U.S. and allied forces in Afghanistan, as well as the Afghan government; and the deployment of special operations forces into Pakistan as a means of striking at Al Qaeda. These types of cross-border operations clearly implicate the jus ad bellum, in that they entail one state projecting highly coercive military force into another state. Arguably …

Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs

GW Law Faculty Publications & Other Works

In 2009, the Journal of the National Security Forum Board of Editors posed ten questions on national security to a group of national-security law experts. Contributors were free to answer as many of the ten questions as they wished. All responses were published in a special issue of the William Mitchell Law Review. I answered the following three questions: 3. What are the lessons from detaining non-U.S. citizens, labeled enemy combatants, at Gitmo? 4. What is left for the Supreme Court to decide after the Boumediene decision? 10. What is the most important issue for American national security?

The SSRN …

A Critical Analysis Of Immigration And Terrorism In The Usa Patriot Act Of 2001 Through Political Rhetoric., Cesar Hugo Rodriguez, Jr,

Open Access Theses & Dissertations

This study incorporates the rhetorical implications that presented themselves after the terrorist attacks of September 11, 2009. A look at the history of rhetoric in this study gives insight into the present situation of what political rhetoric can accomplish when used as a tool of deception.

The Origins Of Ethno/National Separatist Terrorism: A Cross-National Analysis Of The Background Conditions Of Terrorist Campaigns, Brandon Charles Snell

Browse all Theses and Dissertations

This study measures the influence that multiple social, political, and economic conditions have on the development of ethno/national separatist terrorist organizations. It begins by analyzing the nationalist theories of primordialism, modernism, and ethnosymbolism, and the terrorist theories of strategic logic and psychology. The nationalist theories consider cultural symbols a powerful component behind nationalist movements and populations with significant symbolic attachments especially prone to react aggressively against perceived threats to those symbols. Proponents of strategic logic and psychological theory also view terrorism as reactive but deviate on whether this response is conceived rationally. Examining the origins of Basque and Catalan terrorism …

Art, Terrorism And The Negative Sublime, Arnold Berleant

Contemporary Aesthetics (Journal Archive)

The range of the aesthetic has expanded to cover not only a wider range of objects and situations of daily life but also to encompass the negative. This includes terrorism, whose aesthetic impact is central to its use as a political tactic. The complex of positive and negative aesthetic values in terrorism are explored, introducing the concept of the sublime as a negative category to illuminate the analysis and the distinctive aesthetic of terrorism.

Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …

Think Again: The Geneva Conventions, Steven R. Ratner

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on the author’s article of the same name in the “Think Again” section of the March/April 2008 issue of Foreign Policy (pages 26-32). It is reproduced here with permission from FOREIGN POLICY, www.ForeignPolicy.com, #165 (March/April 2008). Copyright 2008 by the Carnegie Endowment for International Peace. The “Think Again” section of Foreign Policy seeks to educate readers by presenting and responding to common myths and conventional wisdom on important matters of international relations.

“The Geneva Conventions are obsolete”. Only in the minor details. The laws of armed conflict are old; they date back millennia to warrior …

Insurance For Acts Of Terrorism, Robert J. Rhee

Faculty Scholarship

This chapter discusses insurance case law arising from acts of terrorism, including those arising from the September 11 attacks. It analyzes the Terrorism Risk Insurance Act of 2002 (TRIA), as amended by the Terrorism Risk Insurance Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007, as well as the administrative program created by the legislation. Examples are provided and NAIC Policyholder Disclosure Notice forms are included. Policy considerations surrounding TRIA are also discussed including insurance industry strategies, the difficulties of assessing terrorism risks, the effect of TRIA subsidized insurance on the market, and the benefits and …

The Palestinian Shahid And The Development Of The Model 21st Century Islamic Terrorist, Benjamin Timothy Acosta

Theses Digitization Project

The purpose of this study seeks to uncover the relationship between the political objectives of the primary Palestinian political entities, the methods used by those entities to pursue their goals, and the socio-cultural fluctuation vis-á-vis the acceptability of, and participation in, suicide terrorism that has occured as a result.

Global Media, Communication Technology, And The War On Terror, James Castonguay

Communication, Media & The Arts Faculty Publications

From the telegraph, radio, film, and television to the Internet and mobile satellite networks, media and communication technologies have been integral to the waging and representation of war. Always eager to improve communications, surveillance, and weapons systems, military institutions have funded and developed new communication technologies and media since at least the 19th century, and journalism and entertainment have long been central to governments’ propaganda efforts. In the current context of the Iraq War and the “war on terror,” most accounts of international communication equate media with news (ignoring other genres) and often neglect the crucial role that audiences and …

Implementing An Architectural Framework To Define And Deliver Net-Centric Capability To Legacy Military Air Assets Operating Within A System Of Systems, Mark S. Anderson, S. M. Martin, Cihan H. Dagli, Ann K. Miller

Engineering Management and Systems Engineering Faculty Research & Creative Works

The United States Air Force (USAF) is implementing an integrated net-centric system of systems for airborne operations in support of the global war on terror (GWOT). The GWOT demands that a successful architecture framework transforms and delivers net-centric assets to the war-fighter in a timely manner. A critical component of this implementation is the transformation of legacy strategic air platforms into net-centric air power assets operating within a system of systems. The System Architectural (SA) framework, and the Department of Defense Architectural Framework (DoDAF) are ways of managing complexity and organizing information within a system of systems network. This paper …

Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre

Faculty Scholarship

No abstract provided.

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.

Toward An Effective And Humane Counterinsurgency, Adam Patrick Shilling

LSU Doctoral Dissertations

Preliminary research isolated a set of thirteen candidate principles that military officers need to understand to conduct effective and humane counterinsurgency. A meta-synthesis of eight classical theorists of counterinsurgency sought support for and consensus on these principles and discovered considerable consensus on all of them. Therefore, this set could be considered a “classical” model of counterinsurgency for use in counterinsurgency campaign planning. The contemporary global political environment is very different from that the classical theorists faced. Therefore, additional research attempted to understand the changes in the environment and in the nature of insurgency to determine the changes necessary to update …

Ruminations On Terrorism: Expiation And Exposition, Christopher L. Blakesley

Scholarly Works

To paraphrase Richard Falk: Terrorism is political or ideological violence without restraint of law and morality. This article will consider terrorism and reactions to terrorism through a prism of history, philosophy, literature, and law. I argue that terrorism is committed by state actors as well as non-state-actors, and not only by sponsoring them or giving them a safe-haven. I argue that intentional or reckless slaughter of innocents or torturing "enemies" constitutes terrorism and that it ultimately erodes a state's or a group's morality and well-being. It is ultimately self-destructive in most every way. Most nation-states and groups define terrorism in …

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

Virtual Radicalisation: Challenges For Police, Simon O'Rourke

Australian Information Warfare and Security Conference

Recent advances in communications technology are providing a medium for individuals or groups to subscribe to extremist worldviews and form networks, access training and obtain information, whilst remaining virtually undetected in the online world. Whilst the Internet is facilitating global virtual communities like Second Life, MySpace and Facebook it is also providing an anonymous meeting place for disenfranchised individuals to gather, share ideas, post and exchange information regarding their particular ideology. This virtual community provides a sense of belonging to a global cause in which the actions of an individual can be aligned to, and seen to contribute towards something …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Michigan Law Review

This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions-in both the formal and informal senses of that word-onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict …

Shaping The Security Environment, Derek S. Reveron

Newport Papers

Newport Paper No. 29, Shaping the Security Environment, edited by Derek S. Reveron, makes an important contribution to an unfolding debate on the global role of U.S. military forces in an era of transnational terrorism, failed or failing states, and globalization. Reveron, professor of national security decision making at the Naval War College, looks beyond the current conflicts in which the United States is involved to raise fundamental questions concerning the regional diplomatic roles of America’s combatant commanders (COCOMs) and, more generally, the entire array of non-warfighting functions that have become an increasingly important part of the day-to-day life of …

Kuwaiti National Security And The U.S.-Kuwaiti Strategic Relationship After Saddam, W. Andrew Terrill Dr.

Books, Monographs & Collaborative Studies

The U.S.-Kuwaiti military and political relationship has been of considerable value to both countries since at least 1990. This alliance was formed in the aftermath of Iraqi leader Saddam Hussein’s brutal invasion of Kuwait and the U.S. decision to free Kuwait with military force in 1991. Saddam’s later defeat and removal from power in 2003 has ended an important rationale for the alliance, but a close look at current strategic realities in the Gulf suggests that Kuwait remains an important U.S. ally. It is also an ally that faces a number of serious national security concerns in the turbulent post-Saddam …

Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry

International Law Studies

No abstract provided.

Hezbollah - Terrorist Or Not?, Erin E. Forsberg

Undergraduate Honors Capstone Projects

Determining whether or not an organization such as Hezbollah is or is not a terrorist group is a rather arduous process, especially since the international community can not agree. However, due to the reasons why Hezbollah was first organized and the group's involvement in the Lebanese political system, along with its network of social services, Hezbollah is not a terrorist organization. In order to prove such a bold statement, the first step must undoubtedly be to come up with a workable and effective definition of terrorism that is hopefully free from moral implications. The second step would be to see …

Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

American University, WCL Research Paper No. 2008-74 Abstract: The war on terror and the war in Iraq have occasioned a ferocious debate over the Bush administration's commitment to neo-conservatism as the guiding philosophy behind war aiming at democratic transformation. Two recent, widely noticed 2006 books have attacked neo-conservatism - one, by a former neoconservative, Francis Fukuyama (After the Neocons: America at the Crossroads), and a second, by a centrist liberal, Peter Beinart (The Good Fight). Each seeks to anatomize neo-conservatism and what, in each author's view, has gone wrong with it; each seeks to offer an alternative foreign policy. This …