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Full-Text Articles in Law
Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua
Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua
Makau Mutua
This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a …
Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger
Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger
Allen E Shoenberger
No abstract provided.
Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga
Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga
Joseph Isanga
This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, …
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
K Benson
Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …
El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano
El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano
Germán M. Teruel Lozano
No abstract provided.
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Judith L Ritter
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Douglass Cassel
No abstract provided.
The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel
The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel
Douglass Cassel
No abstract provided.
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
Robert Bloom
In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Gary M. Shaw
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman
Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman
Robert K. Goldman
The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms …
A Triumph Of Ill Conceived Language: The Linguistic Origins Of Guantamo’S “Rough Justice”, Brian Christopher Jones
A Triumph Of Ill Conceived Language: The Linguistic Origins Of Guantamo’S “Rough Justice”, Brian Christopher Jones
Brian Christopher Jones
Throughout the years, the Naval Base at Guantanamo Bay has witnessed an abundance of intriguing linguistic words and phrases. For example, “Freedom Vanilla” replaced French Vanilla ice cream in the mess hall, and the area where journalists and others were often sequestered during their visits to the base was re-named “Camp Justice.” The list goes on. However, the language that has had the most significant impact throughout the years has been the words and phrases used in the administration of justice regarding the detainees being held on terrorism charges.Wall St. Journal Supreme Court reporter Jess Bravin’s book, The Terror Courts: …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Katherine L. Vaughns
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
Robert M. Bloom
In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
Lucian E Dervan
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, …
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
C. Peter Erlinder
ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …