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National Security Law

SelectedWorks

2013

Terrorism

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Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman Jan 2013

Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman

Stephen P. Hoffman

This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …


Defending Weak States Against The "Unwilling Or Unable" Doctrine Of Self-Defense, Dawood I. Ahmed Jan 2013

Defending Weak States Against The "Unwilling Or Unable" Doctrine Of Self-Defense, Dawood I. Ahmed

Dawood Ahmed

Victim states occasionally use force to target non-state actors that have allegedly attacked the victim state, on the pretext that the host state is “unwilling or unable” (“ineffective”) to act. The international law permissibility of such force is unclear: state responsibility principles do not hold ineffective states liable, the universe of state practice is small and the International Court of Justice and some scholars deny the legality of such force while others disagree. This article is the first dedicated to a critical analysis of the “unwilling or unable” doctrine from both, a law and policy perspective. It argues that, although …