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Articles 1501 - 1530 of 1646
Full-Text Articles in Military, War, and Peace
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ambivalence About Treason, George P. Fletcher
Ambivalence About Treason, George P. Fletcher
Faculty Scholarship
Betrayal and disloyalty are grievous moral wrongs, yet today when the disloyal commit treason we seem reluctant to punish them. John Walker Lindh fought for the Taliban with full knowledge that it was engaged in hostilities against the United States. It should not have been so difficult to prove by two witnesses to the overt act, as the Constitution requires, that he adhered to the enemy giving them aid and comfort. Admittedly, there were legal problems about whether the Taliban as an indirect enemy in an undeclared war could qualify as the enemy in the constitutional sense. But there was …
The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus
The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus
Michigan Journal of International Law
This Article is devoted to the question of the future relevance of international law at a time when the idea of a "rule of law" in international affairs seems to be waning. Why should the sole superpower look to international law in its quest for protection from dangers of weapons of mass destruction and terrorists? Is the European insistence on questions of legality, which was visible in the dramatic British attempts to secure some kind of Security Council backing and to advance international legal arguments for its participation in the invasion of Iraq, more than a fig leaf for a …
Military Exemptions From Environmental Regulations: Unwarranted Special Treatment Or Necessary Relief, Erin Truban
Military Exemptions From Environmental Regulations: Unwarranted Special Treatment Or Necessary Relief, Erin Truban
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Torture, Marcy Strauss
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
NYLS Law Review
No abstract provided.
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
Journal Articles
In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …
Unpatriotic Acts: An Introduction, Sadiq Reza
Unpatriotic Acts: An Introduction, Sadiq Reza
Articles & Chapters
No abstract provided.
Israel's Example, Sadiq Reza
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Articles & Chapters
No abstract provided.
War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks
War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …
It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson
It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker
Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker
Georgetown Law Faculty Publications and Other Works
The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
San Diego International Law Journal
This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.
Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey
Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey
San Diego International Law Journal
The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …
Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen
Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen
University of Richmond Law Review
No abstract provided.
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
University of Richmond Law Review
No abstract provided.
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
University of Richmond Law Review
No abstract provided.
Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl
Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl
Scholarly Articles
This article examines shifts in international law regarding the use of force -- the jus ad bellum -- that emerged in the wake of the September 11, 2001, terrorist attacks and subsequently were invoked in part by the United States and United Kingdom to justify military intervention in Iraq. These shifts import some elasticity -- in time, space, and place -- into the preexisting legal understanding of self-defense. To be sure, the general consensus that supported the use of force in Afghanistan as a legitimate exercise of self-defense has diluted as the use of that force expanded into other theaters …
Preemptive Strategies In International Law, Michael N. Schmitt
Preemptive Strategies In International Law, Michael N. Schmitt
Michigan Journal of International Law
This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
Michigan Journal of International Law
In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity …
The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt
The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt
Faculty Works
For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …
Law In The Heart Of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks
Law In The Heart Of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
Our faith in the law is rarely tested, since in America, at least, few of us ordinary people ever find ourselves at the extremes, confronting violence and terror. But the extremes have a way of creeping up on us, and the unimaginable can quickly and imperceptibly begin to seem routine. Millions of ordinary Europeans discovered this in the middle of the last century, and thousands of ordinary Americans discovered it in Vietnam. Some Americans are discovering it again today in the mountains and deserts of Afghanistan and Iraq. Experientially, there is often no sharp dividing line between "ordinary" life and …
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
Journal Articles
Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.
Designation Of Foreign Terrorist Organizations Under The Aedpa: The National Council Court Erred In Requiring Pre-Designation Process, Joshua A. Ellis
Designation Of Foreign Terrorist Organizations Under The Aedpa: The National Council Court Erred In Requiring Pre-Designation Process, Joshua A. Ellis
BYU Law Review
No abstract provided.
The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
Georgetown Law Faculty Publications and Other Works
National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.
Terrorism And Assassination: Political Assassination As An Instrument Of National Policy - An Inquiry Into Operations, Expediency, Morality, And The Law, Jeff Addicott, June Aprille, William C. Banks, Azizah Al-Hibri, Julie Laskaris, Peter Raven-Hansen, Gary Solis, Porcher Taylor, Robert Turner
Terrorism And Assassination: Political Assassination As An Instrument Of National Policy - An Inquiry Into Operations, Expediency, Morality, And The Law, Jeff Addicott, June Aprille, William C. Banks, Azizah Al-Hibri, Julie Laskaris, Peter Raven-Hansen, Gary Solis, Porcher Taylor, Robert Turner
University of Richmond Law Review Symposium
The 2002 Symposium opened on Thursday, April 11, with a role-playing exercise and town meeting: Assassination of a Terrorist Enemy. In this session, a group of nationally prominent political leaders, policy makers, scholars, and members of the intelligence, military, religious and civil liberties communities engaged in a role-playing exercise exploring a fictional scenario posing the question of whether the United States should undertake an operation to assassinate the leader of a terrorist organization deemed responsible for acts of violence against the United States. The issue was explored through historical, moral, religious, operational, political, diplomatic, and legal perspectives. The final segment …