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Criminal Law

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Mark A. Drumbl

Selected Works

2013

Terrorism

Articles 1 - 4 of 4

Full-Text Articles in Law

Accountability For System Criminality, Mark A. Drumbl Jan 2013

Accountability For System Criminality, Mark A. Drumbl

Mark A. Drumbl

Not available.


'Lesser Evils' In The War On Terrorism, Mark A. Drumbl Jan 2013

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.


The Expressive Value Of Prosecuting And Punishing Terrorists: Hamdan, The Geneva Conventions, And International Criminal Law, Mark A. Drumbl Jan 2013

The Expressive Value Of Prosecuting And Punishing Terrorists: Hamdan, The Geneva Conventions, And International Criminal Law, Mark A. Drumbl

Mark A. Drumbl

In Hamdan v. Rumsfeld, the United States Supreme Court ruled that the military commissions that had been proposed by the Executive to prosecute a small number of detainees captured in the 'war on terror' could not proceed. In response to the Hamdan decision, Congress enacted a new military commission structure in the 2006 Military Commissions Act (MCA), which President Bush signed on October 17, 2006. The MCA establishes military commissions for aliens classified as unlawful enemy combatants. It lists the crimes chargeable by such commissions. The MCA also amends domestic legislation - for example, the War Crimes Act - initially …


Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl Jan 2013

Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl

Mark A. Drumbl

This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …