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Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß

Michigan Journal of International Law

It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …

Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay

Northwestern Journal of Human Rights

No abstract provided.

The Applicability Of The Regime Of Human Rights In Times Of Armed Conflict And Particularly To Occupied Territories: The Case Of Israel's Security Barrier, Barry A. Feinstein

Northwestern Journal of Human Rights

No abstract provided.

Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross

Cornell International Law Journal

Explores the opposing opinions of the Israeli Supreme Court & the International Court of Justice (ICJ) on the legality of the security fence constructed by Israel to prevent terrorist infiltration from the Palestinian territories. It is argued that the different conclusions of the two tribunals resulted from inadequate implementation of the legal norms by the ICJ. Difficulties arising from terminological differences between the Supreme Court's judgment & the ICJ opinion are pointed out, along with basic errors related to the ICJs conclusion that the fence was not a matter of self-defense but an issue related to the realization of political …

Be Reasonable! Thoughts On The Effectiveness Of State Criticism In Enforcing International Law, Michael Y. Kieval

Michigan Journal of International Law

This Note examines the effectiveness of diplomatic criticism in enforcing international law, particularly in the counter-terrorism (or anti-insurgency) context. It is not concerned with determining what international law does or does not "in fact" allow States to do in combating terrorism and other existential threats.

Supranationalism And The Superpower Rubicon, Imtiaz Hussain

Human Rights & Human Welfare

A review of:

The Chapter VII Powers of the United Nations Security Council by Erika de Wet. Portland, OR: Hart Publishing, 2004. 413pp.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Sri Lanka, Amanda Donahoe

Human Rights & Human Welfare

Sri Lanka has been entrenched in a civil war for two decades. As in ethnic conflicts in many other post-colonial countries, the different groups of Sri Lanka give loyalty primarily to the group, rather than to the entire country. The Sinhalese majority have slowly populated the government and treated the Tamil minority as a threat to national stability, instead of as candidates for conciliation and power sharing. Consequently, the Liberation Tigers of Tamil Eelam (LTTE) has taken up arms against the Sinhalese controlled government to fight for an independent homeland in the north and north-east parts of the country in …

Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar

Denver Journal of International Law & Policy

No abstract provided.

The Implementation Of Homeland Security Efforts In Response Organizations: Monroe County, New York Case Study, Heather M. Savage

Theses

The events from 9/11 have prompted many changes in American society. Perhaps the biggest change can be seen in the Emergency Response field. The initial response to the events of 9/11 was a huge push at readying responders for future attacks. However, it can now be seen throughout the response community that the initial emphasis on terrorism readiness has turned into complacency and that the goal of fully preparing each responder has not yet been attained. There are many factors preventing the physical and mental preparation of each Emergency Responder and these factors range from lack of funding to lack …

Responses To Transnational Non-Governmental Terrorism In Kenya And The United States: An Anthropological Analysis, Kennedy Geoffrey Ondieki

UNLV Retrospective Theses & Dissertations

Terrorism is an ancient human phenomenon. In contemporary societies, however, terrorist attacks affect every country in one form or another. Hardly can any continent, region, or community claim immunity from it. Its causes, characteristics, and controlling mechanisms are as diverse and complex as there are terrorist groups. The impacts of terrorism, on other hand, are lethal and far-reaching as are government responses against it. This study began as an attempt to examine governmental and survivor responses and reactions in regard to the attacks of the American embassies in Kenya and Tanzania on August 7, 1998. Then the horrific attacks against …

The Doctrine Of Preemptive Self-Defense, Sean D. Murphy

Villanova Law Review (1956 - )

No abstract provided.

The Doctrine Of Preemptive Self-Defense, Sean D. Murphy

GW Law Faculty Publications & Other Works

To the extent that the intervention in Iraq in 2003 is regarded as an act of preemptive self-defense, the aftermath of that intervention may presage an era where states resist resorting to large-scale preemptive self-defense. The intervention in Iraq highlighted considerable policy difficulties with the resort to preemptive self-defense: an inability to attract allies; the dangers of faulty intelligence regarding a foreign state's weapons programs and relations with terrorist groups; the political, economic and human costs in pursuing wars of choice; and the resistance of a local populace or radicalized factions to what is viewed as an unwarranted foreign invasion …

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Colombia, Travis Ning

Human Rights & Human Welfare

The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …

Pakistan, Susannah Compton, Toni Panetta

Human Rights & Human Welfare

Following armed hostilities in 1947-1949 between India and Pakistan, the region once known as the Princely State of Jammu and Kashmir was divided. The disputed territory continues to split relations between Pakistan and India and the threat of war has been a daunting force as recently as 2002.

Assessment Of The Community Healthcare Providers' Ability And Willingness To Respond To A Bioterrorist Attack In Florida, Jeffrey S. Crane

USF Tampa Graduate Theses and Dissertations

Previous findings have demonstrated that the preparedness and infrastructure of the public health system are inadequately developed for a biological and/or chemical terrorism attack. (1-4) Chen et al. reported that those primary care providers that would have to respond to such an attack do not feel prepared to diagnose and manage such an event.(5)

This research was an observational study using e-mail/web based survey to assess the levels of preparedness (PL) and willingness to respond (WTR) to a bioterrorism attack, and identify factors that predict PL and WTR of Florida community healthcare providers. The conceptual framework and questionnaire was designed …

The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji

Osgoode Hall Law Journal

For over one hundred years, the definition of the term "terrorism" has been subjected to political propaganda. In addition, dubious self-righteous indignation or outrage, often expressed by various states or prominent politicians at the occurrence of acts of terror have often masked the participation of those same states in international terrorism. In this endless cycle of finger pointing, accusations, denials, and counter-accusations, the problematic of what constitutes terror in legal parlance has degenerated into an exercise in name-calling. This sad spectacle frustrates objective and sincere attempts at fashioning out legal and policy framework to deal with the scourge of terrorism. …

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …

Cumulative Deterrence And The War On Terrorism, Doron Almog

The US Army War College Quarterly: Parameters

No abstract provided.

Insurgency And Counterinsurgency In The 21st Century: Reconceputalizing Threat And Response, Steven Metz Dr., Raymond A. Millen Ltc

Books, Monographs & Collaborative Studies

Modern insurgency warfare presents fresh challenges for the United States, which must re-conceptualize its approach to fighting such conflicts. Because the dominant characteristics of insurgency--protractedness and ambiguity--effectively stymie the American military's approach to war, the United States needs to reorient its strategic thinking. The key to success is not for the U.S. military to become better at counterinsurgency, but for the U.S. military (and other elements of the government) to be skilled at helping local security and intelligence forces become effective at it. Adapting tactics and strategies to the realities on the ground is the not only pragmatic, but also …

Islamic Rulings On Warfare, Sherifa D. Zuhur Dr., Youssef H. Aboul-Enein Ltcdr

Books, Monographs & Collaborative Studies

The global war on terror (GWOT) and the battles with specific Islamist groups is, to some degree, a war of ideas. With a better understanding of Islamic concepts of war, peace, and Muslim relations with non-Muslims, those fighting the GWOT may gain support and increase their efficacy. The authors explain the principles of jihad and war and their conduct as found in key Islamic texts, the controversies that have emerged from the Quranic verses of war and peace, and the conflict between liberal or moderate Islamic voices and the extremists on matters such as the definition of combatants, treatment of …

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Anthrax Hoaxes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist and who was condemned by the media. Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond. Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

Iraq And Vietnam: Differences, Similarities, And Insights, Jeffrey Record Dr., W. Andrew Terrill Dr.

Books, Monographs & Collaborative Studies

U.S. political and military difficulties in Iraq have prompted comparisons to the American war in Vietnam. The authors conclude that the military dimensions of the two conflicts bear little comparison. Among other things, the sheer scale of the Vietnam War in terms of forces committed and losses incurred dwarfs that of the Iraq War. They also conclude, however, that failed U.S. state-building in Vietnam and the impact of declining domestic political support for U.S. war aims in Vietnam are issues pertinent to current U.S. policy in Iraq.

A Double-Edged Sword: Globalization And Biosecurity, Stephen G. Brooks, Kendall Hoyt

Dartmouth Scholarship

No abstract provided.

The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

Could A Cia Or Fbi Agent Be Quartered In Your House During A War On Terrorism, Iraq Or North Korea?, Christopher J. Schmidt

Saint Louis University Law Journal

No abstract provided.

Toward An American Way Of War, Antulio J. Echevarria Dr.

Books, Monographs & Collaborative Studies

The author examines the principal characteristics and ideas associated with the American way of war, past and present. He argues that Americans do not have a way of war, but rather a way of battle. LTC Echevarria contends that moving from a way of battle to a way of war will require some fundamental thinking about the roles of the grammar and logic of war, about the nature of U.S. civil-military relations, and about the practical resources necessary to translate military victory into strategic success.