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Full-Text Articles in Law

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions., Richard O. Morgan Aug 2009

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions., Richard O. Morgan

Richard O. Morgan

Success in counterinsurgency campaigns requires the military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Nonetheless, the pursuit of military objectives through participation in indigenous legal systems presents many challenges, as pragmatic concerns of operational security and the use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In …


Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt Aug 2009

Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt

International Law Studies

No abstract provided.


Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman Aug 2009

Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman

International Law Studies

No abstract provided.


Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris Feb 2009

Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris

David A Harris

LAW ENFORCEMENT AND INTELLIGENCE GATHERING IN MUSLIM AND IMMIGRANT COMMUNITIES AFTER 9/11 DAVID A. HARRIS ABSTRACT Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather …