Law Commons^™

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

Book Review: A Treatise On International Criminal Law. 2 Vols. Edited By Cherif Bassioni And Ved P. Nanda. Springfield, Illinois: Charles C. Thomas, Publisher, 1973., Samuel M. Davis

Georgia Journal of International & Comparative Law

No abstract provided.

Funding Terrorism: The Problem Of Ransom Payments, Yvonne M. Dutton

San Diego Law Review

This Article draws on the literature about norm influence to suggest an answer: adopting these measures has the potential to impact behavior in a meaningful and constructive way in the future. A norm refers to the appropriate or desired behavior within a community as to a particular issue. A new norm spreads with the help of agents, typically referred to as norm entrepreneurs, who use persuasion to convince a critical mass of actors in the international community to adopt the preferred behavior. In other words, over time, norms can become so pervasive that they change behavior.

In fact, this Article …

Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv

Dissertations, Theses, and Capstone Projects

Leadership decapitation -- the practice of removing a leader from a position of authority through targeted killing (i.e. assassination) or arrest -- has long been a feature of counter-terrorism and counter-insurgency strategies the world over. Still, how effective is the practice of leadership decapitation in actually bringing a halt to, or even impeding, terrorist activity? Can removing top leaders of terrorist enclaves from power disrupt their groups to the point of organizational degradation or dissolution? And lastly, because no two terrorist groups are the same; when a terrorist group experiences leadership loss, how can the group be expected to react? …

The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon

Senior Honors Theses

Terrorism and the threat of terrorist attacks have forced the United States to place a high priority on developing a comprehensive counterterrorism strategy. A crucial component of this overarching strategy focuses on targeting the finances of a terrorist organization, hoping to eliminate or stifle their sources of funding in an effort to render the organization incapable of launching successful operations due to an absence of funding. By analyzing the most common financing options that terrorist groups use, the United States can hone its ability to disrupt the funding operations for terrorist groups. Likewise, developing a method for tracking the laundering …

Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg

International Law Studies

This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.

Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser A. Alreshaid

Nasser A Alreshaid

The escalating violence and deteriorating conditions in today’s Libya have questioned the very likelihood of the survival of foreign investments there. Deemed an oil-producing hub, many oil concessions have been granted to foreign investors in Libya. The challenge that follows is how to legally ensure the full protection and security of investors. This notion is tested in the post-Gadhafi Libya situation in the context of a two-government state, where militias with extremist ideologies in most instances, defy an internationally recognized government and take control over Libyan territories. Such territories contain oil terminals, which leads to a partial or complete disruption …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Tawia B. Ansah

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

The Egyptian Coup, The United States, And A Call To Strengthen The Rule Of Law And Diplomacy Rather Than Military Counter-Terrorism, Thomas Mcdonnell

Elisabeth Haub School of Law Faculty Publications

This article examines from a legal and historical perspective (a) the United States’ implicit ratification of the Egyptian military’s overthrow of the first fairly and freely elected Egyptian president and (b) how the perceived U.S. support for the coup contributes to Islamic terrorism.

To guarantee that oil has been readily available (and during the Cold War to prevent the spread of communism), the U.S. has supported secular, authoritarian regimes in the Islamic world, including the House of Saud in Saudi Arabia, the Shah of Iran, Hosni Mubarak in Egypt, and, initially, Saddam Hussein in Iraq, not to mention autocratic leaders …

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy

Michigan Journal of International Law

Part I of this Note will analyze the current framework governing hostage situations to determine the permissibility of ransom payments under international law. Part II will examine the two dominant positions that have developed among states and identify the justifications and shortcomings of each. Part III will conclude, firstly, that for states to develop a multilateral approach to hostage situations, they must take the lead within their respective domestic spheres and, secondly, that the option to negotiate for ransomed release should be preserved as an essential tool for confronting terrorist organizations.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • U.S. Supreme Court Upholds Law Facilitating Compensation for Victims of Iranian Terrorism • Russia Argues Enhanced Military Presence in Europe Violates NATO-Russia Agreement; United States Criticizes Russian Military Maneuvers over the Baltic Sea as Inconsistent with Bilateral Treaty Governing Incidents at Sea • U.S. Secretary of State Determines ISIL Is Responsible for Genocide • United States Blocks Reappointment of WTO Appellate Body Member • U.S. Department of Defense Releases Report of Investigation Finding That October 2015 Air Strike on Doctors Without Borders Hospital in Kunduz, Afghanistan, Was Not a War Crime • United States Expands Air …