The United States International Law And The Struggle Against Terrorism
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The United States International Law And The Struggle Against Terrorism
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Author : Thomas McDonnell
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-09
The United States International Law And The Struggle Against Terrorism written by Thomas McDonnell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Political Science categories.
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
The United States International Law And The Struggle Against Terrorism
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Author : Thomas Michael McDonnell
language : en
Publisher:
Release Date : 2010
The United States International Law And The Struggle Against Terrorism written by Thomas Michael McDonnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.
Constitutionalism Across Borders In The Struggle Against Terrorism
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Author : Federico Fabbrini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-29
Constitutionalism Across Borders In The Struggle Against Terrorism written by Federico Fabbrini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-29 with Law categories.
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
Terrorism War And International Law
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Author : Dr Myra Williamson
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Terrorism War And International Law written by Dr Myra Williamson and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
The Struggle Of Democracy Against Terrorism
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Author : Emanuel Gross
language : en
Publisher: University of Virginia Press
Release Date : 2006
The Struggle Of Democracy Against Terrorism written by Emanuel Gross and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
War Law
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Author : Michael Byers
language : en
Publisher: Open Road + Grove/Atlantic
Release Date : 2007-12-01
War Law written by Michael Byers and has been published by Open Road + Grove/Atlantic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-01 with Law categories.
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Human Rights In The War On Terror
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Author : Richard Wilson
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-03
Human Rights In The War On Terror written by Richard Wilson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-03 with Law categories.
This book reviews the war on terror since 9/11 from a human rights perspective.
Israel And The Struggle Over The International Laws Of War
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Author : Peter Berkowitz
language : en
Publisher: Hoover Institution Press Publi
Release Date : 2012
Israel And The Struggle Over The International Laws Of War written by Peter Berkowitz and has been published by Hoover Institution Press Publi this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
Indecent years, the term lawfare has come to describe the use of international law as a political weapon. The Goldstone report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of lawfare in action. In both cases, diplomats, international human rights lawyers, and UN officials put forward weak or indefensible legal arguments to condemn actions taken by Israel in self-defense. In Israel and the Struggle over the International Laws of War, Peter Berkowitz exposes these abuses of the international laws of war by bringing into focus the flawed assumptions on which they rest and refuting the defective claims they promulgate.
The War On Terror And The Laws Of War
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Author : Geoffrey S. Corn
language : en
Publisher: Terrorism and Global Justice
Release Date : 2015
The War On Terror And The Laws Of War written by Geoffrey S. Corn and has been published by Terrorism and Global Justice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
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.
Laws Outlaws And Terrorists
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Author : Gabriella Blum
language : en
Publisher: MIT Press
Release Date : 2010-09-24
Laws Outlaws And Terrorists written by Gabriella Blum and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-24 with Political Science categories.
Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.