The War on Terror and the Laws of War

Author: Geoffrey S. Corn
Publisher: Oxford University Press, USA
ISBN: 0190221410
Format: PDF, Docs
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Many years after the United States initiated a military response to the terrorist attacks of September 11, 2001, the nation continues to prosecute an armed conflict against transnational terrorist groups. Today, it remains just as vital to understand how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups. In The War on Terror and the Laws of War, seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, and trial by military commission of captured terrorist operatives, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield. Book jacket.

Security and the War on Terror

Author: Alex J. Bellamy
Publisher: Routledge
ISBN: 1134205422
Format: PDF
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The terrorist attacks of 11 September 2001 marked a turning point in international politics, representing a new type of threat that could not easily be anticipated or prevented through state-based structures of security alone. Opening up interdisciplinary conversations between strategic, economic, ethical and legal approaches to global terrorism, this edited book recognises a fundamental issue: while major crises initially tend to reinforce old thinking and behavioural patterns, they also allow societies to challenge and overcome entrenched habits, thereby creating the foundations for a new and perhaps more peaceful future. This volume addresses the issues that are at stake in this dual process of political closure, and therefore rethinks how states can respond to terrorist threats. The contributors range from leading conceptual theorists to policy-oriented analysts, from senior academics to junior researchers. The book explores how terrorism has had a profound impact on how security is being understood and implemented, and uses a range of hitherto neglected sources of insight, such as those between political, economic, legal and ethical factors, to examine the nature and meaning of security in a rapidly changing world.

Sudden Justice

Author: Chris Woods
Publisher: Oxford University Press
ISBN: 0190202602
Format: PDF, Docs
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Less than a month after the September 11th attacks, a tiny, CIA-controlled Predator drone flew over Kandahar, searching out the home of the Taliban supreme commander Mullah Mohammed Omar. A lack of understanding of the drone's capabilities combined with a messy chain of command allowed Omar to escape, but the strike on a nearby convoy vehicle became the Predator's first lethal action. Since then, the use of armed drones has become the dominant American way of war. In Sudden Justice, award-winning investigative journalist Chris Woods explores the secretive history of the United States' use of armed drones and their key role not only on today's battlefields, but also in a covert targeted killing project that has led to the deaths of thousands. The CIA nurtured and developed drones before the War on Terror ever began, seeking a platform from which it could monitor its targets and act lethally and instantly on the intelligence it gathered. Since then, remotely piloted aircraft have played a critical role in America's global counter-terrorism operations and have been deployed to devastating effect in conventional wars in Afghanistan, Iraq, and Libya. Drone crews, analysts, intelligence officials and military commanders all speak frankly to the author about how armed drones revolutionized warfare--and the unexpected costs to some of those involved. But there is another, secret war--one in which drones scour the skies of Yemen, Pakistan, and Somalia in search of militant and terrorist targets. The American government insists that this hidden war is legal. The CIA even claims that its armed drones are "the most precise weapon ever invented," so perfect that civilians are no longer killed. Sudden Justice describes the reality of this secret drone war, one in which hundreds of civilians have died, and the wider strategic interests of the United States may have been jeopardized. The ability to target its enemies from the safety of headquarters thousands of miles from the battlefield has profound implications for how America conducts its foreign policy, and for how it is seen in the world. As the first book to comprehensively assemble and analyze the facts about the U.S. drone program, Sudden Justice is the essential guide for understanding its implications.

Targeted Killing in International Law

Author: Nils Melzer
Publisher: OUP Oxford
ISBN: 0191029874
Format: PDF, ePub
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This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.

Legitimate Target

Author: Amos Guiora
Publisher: Oxford University Press
ISBN: 0199969744
Format: PDF, Docs
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Targeted killings represent both the contemporary weapon of choice and, clearly, the weapon of the future. From the perspective of the nation-state, the benefits of targeted killing are clear: aggressive measures against identified targets can be carried out with minimal, if any, risk to soldiers. But while the threat to soldiers is minimal, there are other risks that must be considered. Particularly, there is a high possibility of collateral damage as well as legitimate concerns regarding how a target is defined. Clearly broad legal, moral, and operational issues are at stake when considering targeted killing. In Legitimate Target, A Criteria Based Approach to Targeted Killing, Amos Guiora proposes that targeted killing decisions must reflect consideration of four distinct elements: law, policy, morality, and operational details, thus ensuring that it complies with principles of domestic and international laws. The author, writing from both personal experience and an academic perspective, offers important criticism and insight into the policy as presently implemented, highlighting the need for a criteria based decision making process in defining and identifying a legitimate target. Legitimate Target, A Criteria-Based Approach to Targeted Killing blends concrete examples with a nuanced study of the current targeted killing paradigm with an emphasis on the dilemmas of morality and the law.

Counter Terrorism and State Political Violence

Author: Scott Poynting
Publisher: Routledge
ISBN: 0415607205
Format: PDF, ePub, Mobi
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This edited volume aims to deepen our understanding of state power through a series of case studies of political violence arising from state ‘counter-terrorism’ strategies. The book examines how state counter-terrorism strategies are invariably underpinned by terror, in the form of state political violence. It seeks to answer three key questions: To what extent can counter-terror strategies be read as a form of state terror? How fundamental is state terror to the maintenance of a neo-liberal social order? What are the features of counter-terrorism that render it so easily reducible to state terror? In order to explore these issues, and to reach an understanding of what it means to say that the ‘war on terror’ is terror , the contributing authors draw upon case studies from a range of geographical contexts including the UK and Northern Ireland, the US and Colombia, and Sri Lanka and Tamil Eelam. Analysing these case studies from a psychological-warfare and hegemonic perspective, the book also includes two chapters from Noam Chomsky and John Pilger, which provide a global and historical context. This book will be of great interest to students of critical terrorism studies, political violence, war and conflict studies, sociology, international security and IR.

War by Other Means

Author: John Yoo
Publisher: Open Road + Grove/Atlantic
ISBN: 9781555847630
Format: PDF, ePub, Mobi
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The key legal architect of the Bush administration’s response to 9/11 delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, John Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly

Fresh Perspectives on the War on Terror

Author: Miriam Gani
Publisher: ANU E Press
ISBN: 1921313749
Format: PDF, ePub, Mobi
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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

U S Military Operations

Author: Shane R. Reeve
Publisher: Oxford University Press
ISBN: 0190456639
Format: PDF, ePub, Mobi
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In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.