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Judicial Review And The War On Terror, John C. Yoo

ExpressO

This article examines the role of the federal courts in the war on terrorism, and contrasts the different judicial roles in reviewing decisions about the conduct of war abroad and within the United States. It explains that judicial refusal to adjudicate questions concerning the initiation and conduct of the war abroad is consistent with a narrow view of judicial review and the political question doctrine. Because the Constitution allocates different war powers to the President and Congress, allowing them to shape warmaking through the interaction of these powers, there is no single, constitutionally-required process for making war that requires judicial …

Suicidal Terrorism : A Dying Strategy, Michael Jessee Adkins

Theses, Dissertations and Capstones

This study identifies a causal model for suicidal terrorism consisting of three primary blocks of factors. First, terrorist organizations must desire to expel a social entity from a geographic area and typically operate with a perception of religious asymmetry. Second, members of terrorist organizations must undergo active exposure to specific socialization practices that directly glorify martyrdom and render suicidal behavior socially acceptable within the context of their community. Third, terrorist organizations must adopt an organizational philosophy that indicates they are capable of achieving victory. This study analyzes the characteristics of several high-profile terrorist organizations to demonstrate the noted factors are …

The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Unresolved Equation Of Espionage And International Law, A. John Radsan

Michigan Journal of International Law

This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer

Student Articles and Papers

No abstract provided.

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Michigan Journal of International Law

The question before us is whether international law is useful or required to govern the covert intelligence-gathering activities of nation-states during peacetime. The very notion that international law is currently capable of regulating intelligence gathering is dubious. In fact, we suggest that international regulation of intelligence operations could have the perverse effect of making international conflict more, rather than less, likely. Certainly, there is legitimate space for coordination and cooperation between states in sharing intelligence, but such "sharing" does not involve significant needs for universal regulation by international law. Simply stated, it is not in the interests of nation-states or …

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Denver Journal of International Law & Policy

No abstract provided.

What’S International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

The United States faces an immediate and continuous threat of terrorist attack using weapons of mass destruction, including nuclear weapons. The intelligence function and national security law, including international law--or more accurately transnational law--are central to addressing this threat. Indeed, international law is more relevant today in addressing this threat than it was before September 11. Part II of this article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Part …

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.

Influence In An Age Of Terror: A Framework Of Response To Islamist Influence Operations, John Deniston

Global Tides

Adversarial influence operations perpetrated by Islamist terrorist networks confront the most foundational of America’s national defense capabilities: the will of the American people to fight. This assertion is predicated on four key determinations. First, Islamist terrorist networks use influence operations as an integral tool of global jihad. Second, these adversarial influence operations should be perceived as attacks and, subsequently, should demand response. Third, a wide array of US Government tools and institutions currently exists to counter this challenge. Fourth, precision-strike doctrine and cyber-attack response frameworks provide instructional examples of methods to create a coordinated US Government response to such influence …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Journal of Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

Suing Islam: Tort, Terrorism, And The House Of Saud, Don Garner, Robert L. Mcfarland

Oklahoma Law Review

No abstract provided.

International Law Fights Terrorism In The Muslim World: A Middle Eastern Perspective, Mohamed R. Hassanien

Denver Journal of International Law & Policy

No abstract provided.

Evolving Geneva Convention Paradigms In The 'War On Terrorism': Applying The Core Rules To The Release Of Persons Deemed 'Unprivileged Combatants', Sean D. Murphy

GW Law Faculty Publications & Other Works

The purpose of this essay, written in late 2006, is to take stock of the current application of the Geneva Conventions in the global "war on terrorism," including interpretations recently taken by the U.S. Supreme Court in the Hamdan case. The Geneva Conventions and the laws of war more generally comprise a sophisticated regulatory regime whose rules can and should be closely analyzed by lawyers. Yet, like all law, the inevitable imprecision in the rules presents opportunities for governments to exploit gray areas so as to augment governmental authority, and to avoid sensible interpretations that will protect individuals from overreaching …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Non-State Actors And Asymmetric Warfare: A New Paradigm For International Relations, Matthew H. Wahlert

Browse all Theses and Dissertations

A billiard table metaphorically explains the conduct of states within the international system- sometimes clashing and other times tenuously co-existing. Yet, the international system ultimately remains a construct and pattern for the state actors. Spatially, the dimensions and context of the system fit the needs, requirements, and structure of the states. However, the system is one dimensional and does not account for the realities of the complexities inherent to the post Cold War Era. Currently, the state actor does not maintain an exclusive monopoly in the formation of the playing field. However, non-state actors usurp space and dimensions not defined …

Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In this article, I develop three theses. First, I claim that disagreements about the legality of counterterrorism measures commonly stem from disagreements about whether to characterize the measures as law enforcement efforts or as military actions. Observers who see the measures as methods of controlling crime assess their lawfulness differently from those who see them as a form of warfare against terrorists because criminal law enforcement rules differ substantially from the laws of war. With many specific examples, I show that disputes about legality based on disagreements over characterization have arisen in at least eight different subject areas, ranging from …

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …

Chechnya: Human Rights Issues, Latife Bulur

Human Rights & Human Welfare

Chechnya is a country plagued by terrorism and human rights abuses. A primary source of these issues is the unsettled situation between local insurgents and the Russian military. This conflict, increasing in magnitude over time, makes it incredibly difficult to negotiate the terms of Chechnya’s independence perpetuating the crisis. Rising violence fuels Russia’s frustration in addressing the conflict with Chechen groups. Russia has and continues to employ various tactics to minimize the violence, but such tactics have all so far been unsuccessful.

Sudan: A Survey Of Terrorism And Human Rights, Arika Long

Human Rights & Human Welfare

Sudan is a primary example of a country dominated by terror and human rights violations. Upon the release of Amnesty International’s 2007 annual report, Secretary General Khan described the continuing conflict in Sudan's Darfur region as a “bleeding wound on the world’s conscience.” In the report, the authors declare that the world has been “impotent” in the face of major crises like Darfur. They state that policies linked to the “War on Terror” are creating a more polarized and dangerous world, with grave effects in Sudan. In addition to the terror and human rights violations permeating the North, frustration also …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Faculty Scholarship

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 …

Pre-Tipping Point Operations As A Strategy For Maritime Security In The Global War On Terror, John W. Snedeker Jr.

Graduate Program in International Studies Theses & Dissertations

This thesis proposes US maritime forces adopt a new strategy of pre-tipping point operations that involve proactive measures to enhance maritime security. At its core is the premise that since the attacks of September 11, 2001, the propensity of efforts in GWOT have focused on defeating terrorist organizations and denying sanctuaries on land, leaving the maritime operating environment open to the next wave of terror attacks.1 With the preponderance of commercial goods shipped through the maritime commons, this critical nexus remains valuable and vulnerable. Fragile states and ungoverned regions have become safe havens for a host of criminal elements including …

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Information Terrorism In The New Security Environment, Ken Webb

Australian Information Warfare and Security Conference

Over the years there have been many interpretations of what constitutes Information Terrorism. This paper examines the correlation/relationship between Information Warfare and Terrorism, and describes what is considered to be Information Terrorism now. It achieves this by outlining the threat’s impact, advantage and capability. It then examines the positives that can be derived from such and, based on the literature available on the subject, provides a deduced interpretation of what Information Terrorism is. The paper concludes with remarks supporting the assertion that Information Terrorism is a major dynamic and asymmetric threat contributing to a new national security environment.

Terrorism As Opiniotainment: Perceptions Warriors And The Public Battlefield, Luke Howie

Australian Information Warfare and Security Conference

Terrorism continues to have a significant impact on the lives of Australians. Whilst Australian cities remain untargeted during this present wave of terrorism, many Australians perceive the threat to be significant. Terrorism is offered for consumption daily in the news media and many Australians have seen the images of terrorism. In addition to television images, media consumers have been inundated with terrorism reporting on talkback radio, in feature films, and in newspapers. What impact does the perceptions wars on terrorism have on Australian society? Are the public more or less knowledgeable because of public debate? These are questions that need …