Terrorism Law

by Addicott, Jeffrey F.

• ISBN13: 9781933264110
• ISBN10: 193326411X
• Edition: 3rd
• Format: Hardcover
• Copyright: 2005-12-01
• Publisher: Lawyers & Judges Pub Co

Summary

The fourth edition of Terrorism Law has been updated to include some of our nation's biggest changes in fighting the war. This book highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism. It includes chapters on the Iraq war, Supreme court decisions on detainees, interrogation techniques of the United States military, civil liberties and human rights, civil litigation and the War on Terror, cyber terrorism, and bioterrorism. This new edition is designed to be used as a reference and text in this emerging area of law. It includes many appendices containing important American and international documents pertaining to the War on Terror as well as discussion questions, citations of legal cases pertaining to terrorism, and bibliographic information for further reference.

Table of Contents

Table of Cases	ix
Acknowledgments	xi
Introduction	xiii
What Is Terrorism?	1	(14)
Defining Terrorism	1	(3)
The Goal of Terrorism	4	(1)
Terrorism and Weapons of Mass Destruction	5	(1)
State-sponsored and State-supported Terrorism	5	(1)
The Diplomatic Bag	6	(2)
Sub-State Terrorism	8	(1)
Individual Terrorism	9	(1)
Al-Qa'eda-Styled Terrorism	10	(5)
Endnotes	11	(4)
The War on Terror	15	(16)
September 11, 2001	16	(1)
An Act of War	17	(2)
The Rule of Law---Use of Force	19	(5)
NATO	24	(1)
Congressional War-Making Power	24	(2)
Article III Courts	26	(1)
The Employment of Lawful Violence	27	(4)
Endnotes	28	(3)
Expanding the War on Terror	31	(22)
The Bush Doctrine	32	(6)
Why They Hate	38	(3)
Weapons of Mass Murder	41	(2)
The Bush Doctrine and the Rule of Law	43	(3)
Power versus Words---The Rule of Law	46	(7)
Endnotes	50	(3)
Civil Liberties and the War on Terror	53	(112)
Past Efforts to Address Terrorism	54	(1)
Detainee Status	55	(28)
Military Commissions	83	(23)
Federal Courts	106	(28)
Investigating Terrorist Suspects	134	(2)
Use of the Military in Domestic Law Enforcement	136	(2)
Immigration	138	(2)
New Information-Gathering Technologies	140	(1)
Assassination	141	(11)
Increased Security Measures in Public Places	152	(3)
The Constitution and the War on Terror	155	(10)
Endnotes	157	(8)
Necessity and Rationale for the Law of War-Lessons from My Lai	165	(28)
The Law of War	167	(2)
Voices from the Past---My Lai	169	(1)
Facts of My Lai	170	(2)
My Lai Comes to Light	172	(1)
Impact of My Lai	172	(1)
Why Did My Lai Happen?	173	(3)
Leadership	176	(3)
Lack of a Grand Strategy on the Part of the United States	179	(2)
Lessons of My Lai	181	(1)
Lesson One---Rationale for the Law of War	181	(3)
Lesson Two---Soldiers Must Be Trained in the Law of War	184	(1)
Lesson Three---Preventing Violations of the Law of War in the War on Terror	185	(8)
Endnotes	187	(6)
Interrogation Techniques	193	(66)
Defining Torture	194	(1)
International Agreements	195	(17)
United States Domestic Law	212	(5)
Allegations of United States Sanctioned Torture	217	(4)
What Exactly Do American Interrogators Do?	221	(5)
What Can United States Interrogators Do?	226	(15)
The Ticking Time Bomb Scenario	241	(5)
Abu Ghraib and the Search for the Smoking Gun	246	(13)
Endnotes	252	(7)
Contractors on the Battlefield	259	(26)
History and Status of Contractors	260	(3)
Force Protection	263	(3)
AT Training	266	(3)
Parent Contractor Company Liability Issues	269	(7)
Personnel Recovery	276	(3)
Conclusion	279	(6)
Endnotes	280	(5)
Cyberterrorism	285	(10)
The Threat of Cyberterrorism	286	(2)
Protecting the Cyber World	288	(2)
The PATRIOT Act	290	(2)
Conclusion	292	(3)
Endnotes	293	(2)
A New Paradigm for War and Terrorism Avoidance	295	(28)
The Causes of Aggression and Terrorism	296	(2)
The New Paradigm for War and Terrorism Avoidance	298	(2)
Defining Democratic Values and Democracy	300	(3)
Origins of Human Rights	303	(4)
The Corpus of Human Rights Law	307	(1)
United Nations Efforts to Promote Human Rights	308	(4)
Non-Governmental Organizations Devoted to Human Rights	312	(1)
Regional Organizations to Promote Human Rights	313	(1)
Traditional Efforts of the United States in Promoting Human Rights	314	(5)
New Challenges and New Thinking	319	(4)
Endnotes	320	(3)
Leading the Way---Pax American or the Rule of Law?	323	(14)
Collective Security	323	(1)
Peace, Freedom and Appeasement---Lessons from the Gulf War of 1991	324	(4)
Stay with the Rule of Law	328	(9)
Endnotes	333	(4)
The Role of the Military and Army Special Forces in Promoting Human Rights	337	(10)
The United States Global Strategic View	338	(1)
New Non-Traditional Roles---Human Rights as a Force Multiplier	339	(3)
The Role of Special Forces	342	(5)
Endnotes	346	(1)
America Must Stay the Course	347	(6)
Endnotes	352	(1)
Appendix A: Selected Provisions of the Charter of the United Nations	353	(14)
Appendix B: Selected Provisions of the National Security Strategy of the United States of America	367	(10)
Appendix C: War Powers Resolution	377	(6)
Appendix D: United Nations Security Council Resolution 1441 (2002)	383	(6)
Appendix E: United Nations Security Council Resolution 1483 (2003)	389	(8)
Appendix F: United Nations Security Council Resolution 1546 (2004)	397	(8)
Appendix G: The United States Constitution (Selected Provisions)	405	(4)
Appendix H: Universal Declaration of Human Rights	409	(6)
Appendix I: International Covenant on Civil and Political Rights	415	(12)
Appendix J: President's Letter to Congress on American Response to Terrorism	427	(2)
Appendix K: Treaty Providing for the Renunciation of War as an Instrument of National Policy (Kellogg-Briand Pact)	429	(4)
About the Author	433	(2)
Index	435