Enemy Combatants Terrorism And Armed Conflict Law

Author : David K. Linnan
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0275998150
Total Pages : 407 pages
Book Rating : 4.58/5 ( download)

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Download or read book Enemy Combatants, Terrorism, and Armed Conflict Law written by David K. Linnan and published by Bloomsbury Publishing USA. This book was released on 2008-01-30 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.

Author : Christopher A. Ford
Publisher : Lexington Books
ISBN 13 : 0739166530
Total Pages : 357 pages
Book Rating : 4.36/5 ( download)

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Download or read book Rethinking the Law of Armed Conflict in an Age of Terrorism written by Christopher A. Ford and published by Lexington Books. This book was released on 2012 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."

Author : Geoffrey S. Corn
Publisher : Terrorism and Global Justice
ISBN 13 : 0190221410
Total Pages : 306 pages
Book Rating : 4.16/5 ( download)

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Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by Terrorism and Global Justice. This book was released on 2015 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437918409
Total Pages : 52 pages
Book Rating : 4.03/5 ( download)

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Download or read book Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2009-12 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.

Author : Michael Lewis
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.84/5 ( download)

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Download or read book The War on Terror and the Laws of War written by Michael Lewis and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a soldier in the field of battle is under attack in a small village and comes upon a villager who could be a combatant or a civilian, what rules govern how that soldier should act? If the soldier detains the villager and determines that the villager is an unaffiliated combatant, what do the rules of detention require? In The War on Terror and the Laws of War, six legal scholars with experience as military officers bring practical wisdom to the contentious topic of applying international law to the battlefield. The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.

Author : Anisseh van Engeland
Publisher : Oxford University Press, USA
ISBN 13 : 019974324X
Total Pages : 194 pages
Book Rating : 4.47/5 ( download)

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Download or read book Civilian Or Combatant? written by Anisseh van Engeland and published by Oxford University Press, USA. This book was released on 2011-03-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.

Author : Gary D. Solis
Publisher : Cambridge University Press
ISBN 13 : 1316652327
Total Pages : 923 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817946233
Total Pages : 220 pages
Book Rating : 4.34/5 ( download)

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Download or read book Terrorism, the Laws of War, and the Constitution written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

Author : Alena Angelovicova
Publisher : GRIN Verlag
ISBN 13 : 3638865355
Total Pages : 24 pages
Book Rating : 4.57/5 ( download)

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Download or read book Lawful and unlawful combatants written by Alena Angelovicova and published by GRIN Verlag. This book was released on 2007-11-26 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 66 %, University of Westminster, course: International Law, language: English, abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.

Author : Howard M. Hensel
Publisher : Routledge
ISBN 13 : 1351887009
Total Pages : 281 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Law of Armed Conflict written by Howard M. Hensel and published by Routledge. This book was released on 2017-09-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.