National Security Law Commons^™

Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.

The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen

Pepperdine Law Review

No abstract provided.

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey

West Virginia Law Review

No abstract provided.

National Security Interest Convergence, Sudha Setty

Faculty Scholarship

Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political and critical race theory to identify areas of national security interest convergence in which political will can be marshaled to limit some national security policies.

Legislators act in their political self-interest — both in terms of responding to party forces and constituents — in casting votes …

Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen

William Mitchell Law Review

No abstract provided.

Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank

William Mitchell Law Review

No abstract provided.

Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach

William Mitchell Law Review

No abstract provided.

Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson

Contributions to Books

This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …

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 …

The Consequences Of A "War" Paradigm For Counterterrorism: What Impact On Basic Rights And Values?, Laurie R. Blank

Georgia Law Review

Policy makers have used the rhetoric of "war"
throughout the past century to describe a major
governmental or societal effort to combat an evil that
threatens society, national security or other communal

good. It is both a rhetorical tool and a resource
mobilization, and above all a coalescing of authority to
meet the challenge, whether poverty, drugs or-most
recently-terrorism. Soon after 9/11 made al Qaeda a
household word, the Bush Administration characterized
U.S. efforts to defeat al Qaeda as the "War on Terror."
Here, however, the terminology of "war" goes far beyond
rhetoric, resource re-allocation and centralizing of
authority. When …

Extraordinary Rendition And U.S. Counterterrorism Policy, Mark J. Murray

Journal of Strategic Security

This article examines the United States Government policy of extraordinary rendition as a response to terrorism. The paper provides a working definition of the term, outlines why it has become controversial, and uses case studies to examine success and failures of extraordinary rendition in practice. The paper concludes with lessons learned—more specifically, policy amendments—that are necessary to keep extraordinary rendition as a viable tool for the Obama Administration and mitigate political fallout against the United States from both its allies and enemies. This paper argues that extraordinary rendition provides flexibility to policymakers to detain terrorists in cases where an attack …

Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy, Jonathan Vollinger

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

"The Dynamics Of Terror And Creation Of Homegrown Terrorists," Richard J. Hughbank, Ed. Et Al., (Mustang, Ok: Tate Publishing And Enterprises, 2010), Jennifer Jefferis

Journal of Strategic Security

No abstract provided.

Outside The Wire: American Exceptionalism And Counterinsurgency, David P. Fidler

William Mitchell Law Review

No abstract provided.

Disarming Youth Combatants: Mitigating Youth Radicalization And Violent Extremism, Alpaslan Özerdem, Sukanya Podder

Journal of Strategic Security

In the complex of motivating variables that define the push and pull factors behind recruitment and participation in civil conflict, "radicalization"—or "violent extremism"—is not conceived as a very strong motive, as is the case with studies on terrorism. As part of disarming youth combatants,the linkages between reintegration outcomes and possible rerecruitment into radical and extremist violence must be better understood to mitigate such risks. In our analysis, the policies guiding reintegration of child soldiers and youth should be better attuned to the relationship between recruitment motivations and reintegration outcomes, and must be approached from a political lens rather than a …

Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum

Journal of Strategic Security

In discourse about countering terrorism, the term "radicalization" is widely used, but remains poorly defined. To focus narrowly on ideological radicalization risks implying that radical beliefs are a proxy—or at least a necessary precursor—for terrorism, though we know this not to be true.Different pathways and mechanisms of terrorism involvement operate in different ways for different people at different points in time and perhaps in different contexts. This article explores the problems in defining radicalization and radicalism, and suggests that radicalization—and more specifically, involvement in terrorism—might best be viewed as a set of diverse processes. It goes on to review several …

Radicalization Into Violent Extremism Ii: A Review Of Conceptual Models And Empirical Research, Randy Borum

Journal of Strategic Security

Over the past decade, analysts have proposed several frameworks to explain the process of radicalization into violent extremism (RVE). These frameworks are based primarily on rational, conceptual models which are neither guided by theory nor derived from systematic research. This article reviews recent (post-9/11) conceptual models of the radicalization process and recent (post-9/11) empirical studies of RVE. It emphasizes the importance of distinguishing between ideological radicalization and terrorism involvement, though both issues deserve further empirical inquiry.Finally, it summarizes some recent RVE-related research efforts, identifies seven things that social science researchers and operational personnel still need to know about violent radicalization, …

Radical Islamism And Migrant Integration In Denmark: An Empirical Inquiry, Marco Goli, Shahamak Rezaei

Journal of Strategic Security

It has been suggested that alienation and failed integration may be causes of "Homegrown Radical Islamism" in Western societies. Western countries often expect that migrants and their descendants residing there as citizens will embrace or support common democratic ideals as a predicate for—or consequence of—their societal integration. Conventional wisdom suggests: "The more you associate yourself with the cherished and established goals and means, the more you will disassociate yourself from Radical Islamism," and vice versa. We believe that, quite surprisingly, an empirical test of this idea is lacking. Based on a nationally representative sample of 1,113 youth (ages 15–30) in …

Four Lessons From The Study Of Fundamentalism And Psychology Of Religion, Sara Savage

Journal of Strategic Security

What lessons can the study of fundamentalism and the psychology of religion teach the newer field of Radicalization and Involvement in Violent Extremism (RIVE)? Four lessons and an intervention are offered in this article: (1) Religion is a robust human experience and cultural product that adopts a defensive shape when its worldview is threatened. (2) This does not mean that all "fundamentalisms" or radical versions of religion are somehow linked or perform similar functions; rather, they reflect the limited human repertoire to threat, yet within different cultural and historical contexts. (3) Causal explanations on the level of the individual are …

Gangs, Terrorism, And Radicalization, Scott Decker, David Pyrooz

Journal of Strategic Security

What can street gangs tell us about radicalization and extremist groups? At first glance, these two groups seem to push the boundaries of comparison. In this article, we examine the important similarities and differences across criminal, deviant, and extremist groups. Drawing from research on street gangs, this article explores issues such as levels of explanation,organizational structure, group process, and the increasingly important role of technology and the Internet in the context of radicalization. There are points of convergence across these groups, but it is important to understand the differences between these groups. This review finds little evidence to support the …

U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign, Valentina Taddeo

Journal of Strategic Security

This article examines the U.S. response to global terrorism and its campaign in Afghanistan from 2001 to today. The aim of this article is first to understand the fallacies, missteps, and misunderstandings of the U.S. approach in Afghanistan. Second, the analysis evaluates the lessons learnt and some possible strategies for achieving long-term stability and security in Afghanistan. In particular, the analysis focuses on the different strategies adopted by the United States and their achievements. Despite a first victory over the Taliban regime, the initial approach was focused on the enemy only and it lacked long-term planning, paving the way to …

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Faculty Scholarship

The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.

First, a prosecutor’s discovery obligations should apply to the intelligence community only …

Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis

Journal of Strategic Security

With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist …

What Price Security?, Donald C. Masters

Journal of Strategic Security

This article presents a critique of the Copenhagen Consensus Center's(CCC) exhaustive study on transnational terrorism, published in 2008.The implications of this study are controversial, yet highly relevant in today's economic environment. The Obama administration must come toterms with fiscal realities that will challenge budget priorities and invigorate what will undoubtedly prove to be tough negotiations on Capitol Hill for homeland security dollars. It is proposed here that standard economic tools such as benefit cost analysis, cost effectiveness criteria, and simulation models can help identify areas where security can be either extended or improved using fewer resources. Greater movement towards competitive …

Targeted Killing: Self-Defense, Preemption, And The War On Terrorism, Thomas Byron Hunter

Journal of Strategic Security

This paper assesses the parameters and utility of “targeted killing” in combating terrorism and its role within the norm of state self-defense in the international community. The author’s thesis is that, while targeted killing provides states with a method of combating terrorism, and while it is “effective” on a number of levels, it is inherently limited and not a panacea. The adoption and execution of such a program brings with it, among other potential pitfalls, political repercussions. Targeted killing is defined herein as the premeditated, preemptive, and intentional killing of an individual or individuals known or believed to represent a …

Responses To Ten Questions, Stephen Dycus

William Mitchell Law Review

No abstract provided.

Responses To Ten Questions, William C. Banks

William Mitchell Law Review

No abstract provided.

Responses To Ten Questions, Scott Horton

William Mitchell Law Review

No abstract provided.

Responses To Ten Questions, Gregory E. Maggs

William Mitchell Law Review

No abstract provided.

The President, Congress And The Security Council: Counterterrorism And The Use Of Force Through The Internationalist Lens, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

This symposium is focused on the powers of the U.S. presidency, a topic that typically implies questions of constitutional law. More narrowly, the topic of presidential powers in the area of counterterrorism typically raises questions of how the Constitution addresses the shared war powers of the President and Congress. U.S. legal scholars have generally not framed the question of presidential power to use force against transnational terrorist groups as one of international law or international institutions. Rather, the separation of powers question has focused on historical and functional views of the President's war powers and whether and to what …