Legislating the War on Terror
Legislating the War on Terror

Author: Benjamin Wittes

Publisher: Rowman & Littlefield

Published: 2010-02-01

Total Pages: 435

ISBN-13: 0815704178

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A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of

Laws, Outlaws, and Terrorists
Laws, Outlaws, and Terrorists

Author: Gabriella Blum

Publisher: MIT Press

Published: 2010-09-24

Total Pages: 254

ISBN-13: 0262289091

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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.

Human Rights in the 'War on Terror'
Human Rights in the 'War on Terror'

Author: Richard Wilson

Publisher: Cambridge University Press

Published: 2005-10-03

Total Pages: 376

ISBN-13: 9780521853194

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This book reviews the war on terror since 9/11 from a human rights perspective.

A War on Terror?
A War on Terror?

Author: Marianne Wade

Publisher: Springer Science & Business Media

Published: 2009-11-05

Total Pages: 554

ISBN-13: 0387892915

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Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.

Subtle Tools
Subtle Tools

Author: Karen J. Greenberg

Publisher: Princeton University Press

Published: 2023-02-21

Total Pages: 288

ISBN-13: 0691216576

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How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.

Never-Ending War on Terror
Never-Ending War on Terror

Author: Alex Lubin

Publisher: University of California Press

Published: 2021-01-05

Total Pages: 152

ISBN-13: 0520297415

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An entire generation of young adults has never known an America without the War on Terror. This book contends with the pervasive effects of post-9/11 policy and myth-making in every corner of American life. Never-Ending War on Terror is organized around five keywords that have come to define the cultural and political moment: homeland, security, privacy, torture, and drone. Alex Lubin synthesizes nearly two decades of United States war-making against terrorism by asking how the War on Terror has changed American politics and society, and how the War on Terror draws on historical myths about American national and imperial identity. From the PATRIOT Act to the hit show Homeland, from Edward Snowden to Guantanamo Bay, and from 9/11 memorials to Trumpism, this succinct book connects America's political economy and international relations to our contemporary culture at every turn.

Power Wars
Power Wars

Author: Charlie Savage

Publisher: Little, Brown

Published: 2015-11-03

Total Pages: 1067

ISBN-13: 0316286605

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Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

America's "war on Terrorism"
America's

Author: Michel Chossudovsky

Publisher:

Published: 2005

Total Pages: 0

ISBN-13: 9780973714715

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In this new and expanded edition of Michel Chossudovsky's 2002 best-seller, the author blows away the smokescreen put up by the mainstream media, that 9/11 was an attack on America by "Islamic terrorists". This expanded edition, which includes twelve new chapters focuses on the use of 9/11 as a pretext for the invasion and illegal occupation of Iraq, the militarisation of justice and law enforcement and the repeal of democracy. According to Chossudovsky, the "war on terrorism" is a complete fabrication based on the illusion that one man, Osama bin Laden, outwitted the $40 billion-a-year American intelligence apparatus. The "war on terrorism" is a war of conquest. Globalisation is the final march to the "New World Order", dominated by Wall Street and the U.S. military-industrial complex. September 11, 2001 provides a justification for waging a war without borders. Washington's agenda consists in extending the frontiers of the American Empire to facilitate complete U.S. corporate control, while installing within America the institutions of the Homeland Security State. Chossudovsky peels back layers of rhetoric to reveal a complex web of deceit aimed at luring the American people and the rest of the world into accepting a military solution which threatens the future of humanity.

The 'War on Terror' and the Framework of International Law
The 'War on Terror' and the Framework of International Law

Author: Helen Duffy

Publisher: Cambridge University Press

Published: 2005-07-28

Total Pages: 542

ISBN-13: 0521838509

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The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.