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Terrorist

International Law

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Full-Text Articles in Law

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman Mar 2022

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law Feb 2018

Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan Apr 2017

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.


Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D. Jan 2017

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …


Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr. Dec 2016

Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond Oct 2016

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 …


Justice At War: Military Tribunals And Article Iii, Peter Margulies Nov 2015

Justice At War: Military Tribunals And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai Apr 2015

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …


Law Of War Developments Issue Introduction, David Glazier Apr 2015

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.


Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell Apr 2015

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …


Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko Mar 2015

Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko

University of Massachusetts Law Review

Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists’ extreme human rights violations without violating international human rights norms and international …


On International Law And Nuclear Terrorism, Louis R. Beres Oct 2014

On International Law And Nuclear Terrorism, Louis R. Beres

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross Oct 2014

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard Oct 2014

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.


Unsatisfying Wars: Degrees Of Risk And The Jus Ex Bello, Gabriella Blum, David Luban Jan 2014

Unsatisfying Wars: Degrees Of Risk And The Jus Ex Bello, Gabriella Blum, David Luban

Georgetown Law Faculty Publications and Other Works

Self-defensive war uses violence to transfer risks from one’s own people to others. We argue that central questions in just war theory may fruitfully be analyzed as issues about the morality of risk transfer. That includes the jus ex bello question of when states are required to accept a ceasefire in an otherwise-just war. In particular, a “war on terror” that ups the risks to outsiders cannot continue until the risk of terrorism has been reduced to zero or near zero. Some degree of security risk is inevitable when coexisting with others in the international community, just as citizens within …


International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal Jul 2010

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.


Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn Aug 2009

Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn

International Law Studies

No abstract provided.


Exceptional Engagement: Protocol I And A World United Against Terrorism, Michael A. Newton Jan 2009

Exceptional Engagement: Protocol I And A World United Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

This article challenges the prevailing view that U.S. "exceptionalism" provides the strongest narrative for the U.S. rejection of Additional Protocol I to the 1949 Geneva Conventions. The United States chose not to adopt the Protocol in the face of intensive international criticism because of its policy conclusions that the text contained overly expansive provisions resulting from politicized pressure to accord protection to terrorists who elected to conduct hostile military operations outside the established legal framework. The United States concluded that the commingling of the regime criminalizing terrorist acts with the jus in bello rules of humanitarian law would be untenable …


Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov Aug 2007

Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov

International Law Studies

No abstract provided.


The International Dimensions Of Homeland Security, Ryan P. Stiles Oct 2006

The International Dimensions Of Homeland Security, Ryan P. Stiles

International Law Studies

No abstract provided.


Comparative Approaches To Security And Maritime Border Control, Dale Stephens Oct 2006

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.


Military Commissions - Kangaroo Courts?, Charles H.B. Garraway Oct 2006

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.


European And German Security Policy And International Terrorism, Torsten Stein Oct 2006

European And German Security Policy And International Terrorism, Torsten Stein

International Law Studies

No abstract provided.


Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli May 2006

Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli

International Law Studies

No abstract provided.


A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood Jan 2005

A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay addresses the conditions under which reactive and pre-emptive military intervention are ethical, and whether adjustments can and should be made in international law and institutions to establish the parameters of their legality and to ensure that they are authorized by legitimate authority.


A Little Rebellion Now And Then Is A Good Thing, James Forman Jr. May 2002

A Little Rebellion Now And Then Is A Good Thing, James Forman Jr.

Michigan Law Review

What do George Washington and Eldridge Cleaver have in common? Or John Brown and Mahatma Gandhi? The Stern Gang and the Palestine Liberation Organization? Jefferson Davis and Eugene Debs? In Rebels with a Cause: The Minds and Morality of Political Offenders, Nicholas Kittrie says they are all political offenders - men and women who, "professing loyalty to a divine or higher law, to the call of individual conscience, or to the imperatives of some perceived public good, have challenged the legitimacy and authority of the institutions of their governments" (p. 6). Kittrie sets out to study the whole lot: "Civil …


The War On Terrorism And The End Of Human Rights, David Luban Jan 2002

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …


Peacetime Use Of Force On The High Seas, Louis B. Sohn Jan 1991

Peacetime Use Of Force On The High Seas, Louis B. Sohn

International Law Studies

No abstract provided.


Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam Apr 1989

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.


Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley Jan 1989