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Articles 1 - 12 of 12
Full-Text Articles in Law
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
San Diego International Law Journal
The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Katherine L. Vaughns
No abstract provided.
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 …
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Michigan Journal of International Law
Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Preventing The Financing Of Terrorism, Richard Barrett
Preventing The Financing Of Terrorism, Richard Barrett
Case Western Reserve Journal of International Law
No abstract provided.
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This article explores whether targeted killing of suspected Islamist terrorists comports with international law generally, whether any special rules apply in so-called “failed states,” and whether deploying attack drones poses special risks for the civilian population, for humanitarian and human rights law, and for the struggle against terrorism. Part I of this article discusses the Predator Drone and its upgraded version Predator B, the Reaper, and analyzes their technological capabilities and innovations. Part II discusses international humanitarian law and international human rights law as applied to a state’s targeting and killing an individual inside or outside armed conflict or in …
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
Faculty Scholarship
Many critiques of the Central Intelligence Agency’s alleged use of killer drones depend on law that does not bind the United States or on contestable applications of uncertain facts to vague law. While acknowledging a blurry line between law and policy, we continue to develop a due process for targeted killing. In the real world, intelligence is sometimes faulty, mistakes occur, and peaceful civilians are at risk. International humanitarian law, which applies during armed conflicts, demands very little in the way of process beyond the admonition to take feasible precautions. Even so, the intelligence-driven nature of targeted killing, and the …
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
A Functional Approach To Targeting And Detention, Monica Hakimi
A Functional Approach To Targeting And Detention, Monica Hakimi
Articles
The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
Nick J. Sciullo
In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …