Digital Commons Network^™

High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm

William & Mary Law Review

Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and …

The Imminent Threat Requirement For The Use Of Preemptive Military Force: Is It Time For A Non-Temporal Standard, Mark L. Rockefeller

Denver Journal of International Law & Policy

No abstract provided.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

The Legacy Of The Danish Resistance In World War Ii, Joy Ibsen

The Bridge

When I first heard about this conference, I immediately thought of this topic, because I believe the Danish Resistance in World War II provides a legacy of critical importance. It is one which can be of help in guiding our way through today's murky social and political problems as we grapple with terrorist threats and moral issues confronting us in this new millennium. It is a story of special significance to all Danes and Danish-Americans.

With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz

Hofstra Law Review

No abstract provided.

Anthrax Hoaxes, Ira P. Robbins

American University Law Review

No abstract provided.

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch

Scholarly Works

While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and …

The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi

Fordham Law Review

No abstract provided.

Terrorist Victims, Ibpp Editor

International Bulletin of Political Psychology

This article describes the varied classes of terrorist victims affected by terrorist operations or their threat.

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.

Organizational Preparation For Terrorist Attack, Alan Wallace, Vernon Harper

Mountain Plains Journal of Business and Technology

In the event of a terrorist attack causing mass casualties or nuclear, biological, or chemical contamination, emergency responders easily can be overwhelmed by demands for their services. Advance planning by organizations with the advice of emergency responders to safeguard people from becoming victims, to care for victims before emergency responders arrive, and to render assistance to emergency responders once they arrive is critical to mitigating damage.

National Security Challenges For The 21st Century, Williamson Murray Dr.

Books, Monographs & Collaborative Studies

Officers who participated in the Advanced Strategic Art Program (ASAP) during their year at the U.S. Army War College wrote these chapters. The ASAP is a unique program that offers selected students a rigorous course of instruction in theater strategy. Solidly based in theory, doctrine, and history, the program provides these students a rich professional experience that includes staff rides, exercises, and the best instructional expertise available. The program is designed to provide the joint community with the military's best theater strategists. The challenges facing the defense establishment in the United States at the beginning of the 21st century are …

National Security Challenges For The 21st Century, Williamson Murray Dr.

Books, Monographs & Collaborative Studies

Officers who participated in the Advanced Strategic Art Program (ASAP) during their year at the U.S. Army War College wrote these chapters. The ASAP is a unique program that offers selected students a rigorous course of instruction in theater strategy. Solidly based in theory, doctrine, and history, the program provides these students a rich professional experience that includes staff rides, exercises, and the best instructional expertise available. The program is designed to provide the joint community with the military's best theater strategists. The challenges facing the defense establishment in the United States at the beginning of the 21st century are …

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …

The Link Between Poverty And Violent Conflict, J. Brian Atwood

New England Journal of Public Policy

The threat to the international system from the many forms of violent conflict, terrorism being the most prominent among them, is greater today than it was at the end of the twentieth century. This escalation of global conflict has been attributed to the breakup of the Soviet State, increasing ethnic tensions, weak governance at both the nation-state and international levels, and the rise of religious extremism. Each of these factors contributes to instability and the social tensions that lead to violence. It will be posited here that there is also a significant link between poverty and violent conflict, one that …

War Is The American Way Of Life, Paul L. Atwood

New England Journal of Public Policy

The war against terror following the September 11 attack is in keeping with the long history of American foreign policy. Various “doctrines” issued by one president after another since the Monroe Doctrine of 1823 are really incremental expansions of that original statement of hemispheric dominance aimed at encompassing the entire globe. The westward expansion to the Pacific coast and beyond to the Philippines, Hawaii, and the interventions in the nations of Latin America are early stages in the development of American hegemony. After intervening in the First World War, Wilson tried to dictate the peace. The rest of the century …

Trends. Commentary On “The Influence Component Of Counterterrorism: A Systems Approach, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the guiding principles for and challenges to a conceptual framework for deterring terrorism against the United States and its interests as presented by Paul Davis and Brian Jenkins in the Spring 2003 issue of Rand Review.

The Laws Of War In The War On Terror, Adam Roberts

International Law Studies

No abstract provided.

Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan

Cornell International Law Journal

No abstract provided.

Discourse Of Evil: Speaking Terrorism To Silence, Galip Isen

Reconstruction: Studies in Contemporary Culture

[First paragraph]

That the impact of terrorism is equal to the reaction it elicits may be a truism, but one that deserves further probing as demonstrated by the way that reaction is put to use politically. Whichever of 150-strong definitions [1] is accepted, the consequential aspect of terrorism is ideational: the assault targets the concept and experience of normal in the lives and minds of ordinary people. Several writers argue that terrorism is generally inefficacious, strategically counterproductive and mostly unsuccessful as a method of attaining socio-political objectives [2]. However, overall public response to 11 September 2001 has been so profound …

Homeland (In)Security : Roots And Displacement, From New York, To Toronto, To Salt Lake City, Marusya Bociurkiw

Reconstruction: Studies in Contemporary Culture

[First paragraph]

On September 11, 2001, broadcast and print media around the world narrated the destruction of New York City's World Trade Center and the deaths of thousands of its occupants. This paper will examine the ways in which television and its appendages (the telephone, the internet, the newspaper) operated to organize the discursive meanings of this traumatic event. I will propose that between September 11 and February 2002's Winter Olympics in Salt Lake City, Utah, ideas about home, roots and rootedness (and their Others: foreignness, homelessness, nomadicism) operated as a discursive mapping of that which could otherwise not be …

Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley

University of Miami Law Review

No abstract provided.

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Strategic Effects Of Conflict With Iraq: Post-Soviet States, Stephen J. Blank Dr.

Books, Monographs & Collaborative Studies

The author has been asked to analyze four issues: the position that key states in their region are taking on U.S. military action against Iraq; the role of America in the region after the war with Iraq; the nature of security partnerships in the region after the war with Iraq; and the effect that war with Iraq will have on the war on terrorism in the region. Conclusions reached are: Ashort war with rapid decisive victory minimizes future risks connected with Iraq to our force stationed in the former Soviet Union. However, it does not eliminate existing threats or allow …

Globalization And The Nature Of War, Antulio J. Echevarria Ii

Books, Monographs & Collaborative Studies

The author explores the nature of war, and how it has changed as a result of globalization. He uses the Clausewitzian model of war's trinity (political guidance, chance, and enmity) as a framework for understanding the nature of war, a concept that has been only vaguely represented in defense literature. He then analyses the global war on terrorism via that framework. He concludes that the Clausewitzian trinity is alive and well. Globalization is strengthening the role that political guidance is playing in war, it may well increase the elements of chance and uncertainty, and it is clearly exacerbating basic feelings …

Waging Ancient War: Limits On Preemptive Force, D. Robert Worley Dr.

Books, Monographs & Collaborative Studies

The author addresses the ways that the age of terrorism is affecting American grand strategy. He contends that terrorism has made many of the basic concepts of international relations and national security obsolete. Declaring war on a tactic—terrorism—erodes the clarity necessary for coherent strategy. Dr. Worley then develops what he calls a "guerra strategy" more appropriate for dealing with terrorism and other nonstate threats.