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Author: David K. Linnan
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 416
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Book Description
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the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas.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: David K. Linnan
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 416
Get Book Here
Book Description
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: Moazzam Begg
Publisher: The New Press
ISBN: 1595587330
Category : Biography & Autobiography
Languages : en
Pages : 418
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Book Description
When Enemy Combatant was first published in the United States in hardcover in 2006 it garnered sensational reviews, and its author was featured in the New York Times, the Los Angeles Times, on National Public Radio, and on ABC News. A second generation British Muslim, Begg had been held by the U.S. military for more than three years before being released without charge in January of 2005. His memoir is the first published account by a Guantánamo detainee of life inside the infamous prison. Writing in the Washington Post Book World, Jane Mayer described Enemy Combatant as “fascinating . . . Begg provides some ideological counterweight to the one-sided spin coming from the U.S. government. He writes passionately and personally, stripping readers of the comforting lie that somehow the detainees aren't really like us, with emotional attachments, intellectual interests and fully developed humanity.” Recommended by the Financial Times and Tikkun magazine and a ColorLines Editors' Pick of Post-9/11 Books, Enemy Combatant is “a forcefully told, up-to-the-minute political story . . . necessary reading for people on all sides of the issue” (Publishers Weekly, starred review).
Author: Jonathan Hafetz
Publisher: NYU Press
ISBN: 081472440X
Category : Political Science
Languages : en
Pages : 334
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Book Description
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author: James P. Terry
Publisher: Rowman & Littlefield Publishers
ISBN: 1442222441
Category : Law
Languages : en
Pages : 257
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Book Description
A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
Author: David Cole
Publisher:
ISBN: 9781565848009
Category : Law
Languages : en
Pages : 315
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Book Description
The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens.
Author: Riva Kastoryano
Publisher: Oxford University Press
ISBN: 0190934867
Category : Social Science
Languages : en
Pages : 327
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Book Description
What should states do with the bodies of suicide bombers and other jihadists who die while perpetrating terrorist attacks? This original and unsettling book explores the host of ethical and political questions raised by this dilemma, from (non-)legitimization of the 'enemy' and their cause to the non-territorial identity of individuals who identified in life with a global community of believers. Because states do not recognize suicide bombers as enemy combatants, governments must decide individually what to do with their remains. Riva Kastoryano offers a window onto this challenging predicament through the responses of the American, Spanish, British and French governments after the Al-Qaeda suicide attacks in New York, Madrid and London, and Islamic State's attacks on Paris in 2015. Interviewing officials, religious and local leaders and jihadists' families, both in their countries of origin and in the target nations, she has traced the terrorists' travel history, discovering unexpected connections between their itineraries and the handling of their burials. This fascinating book reveals how states' approaches to a seemingly practical issue are closely shaped by territory, culture, globalization and identity.
Author: Richard H. Shultz
Publisher: Columbia University Press
ISBN: 0231129831
Category : Business & Economics
Languages : en
Pages : 342
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Book Description
By focusing on four specific hotbeds of instability-Somalia, Chechnya, Afghanistan, and Iraq-Richard H. Shultz Jr. and Andrea J. Dew carefully analyze tribal culture and clan associations, examine why "traditional" or "tribal" warriors fight, identify how these groups recruit, and where they find sanctuary, and dissect the reasoning behind their strategy. Their new introduction evaluates recent developments in Iraq and Afghanistan, the growing prevalence of Shultz and Dew's conception of irregular warfare, and the Obama Defense Department's approach to fighting insurgents, terrorists, and militias. War in the post-Cold War era cannot be waged through traditional Western methods of combat, especially when friendly states and outside organizations like al-Qaeda serve as powerful allies to the enemy. Bridging two centuries and several continents, Shultz and Dew recommend how conventional militaries can defeat these irregular yet highly effective organizations.
Author: Louise Richardson
Publisher: Random House Trade Paperbacks
ISBN: 0812975448
Category : Political Science
Languages : en
Pages : 338
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Book Description
“This is at the top of my list for best books on terrorism.” –Jessica Stern, author of Terror in the Name of God: Why Religious Militants Kill How can the most powerful country in the world feel so threatened by an enemy infinitely weaker than we are? How can loving parents and otherwise responsible citizens join terrorist movements? How can anyone possibly believe that the cause of Islam can be advanced by murdering passengers on a bus or an airplane? In this important new book, groundbreaking scholar Louise Richardson answers these questions and more, providing an indispensable guide to the greatest challenge of our age. After defining–once and for all–what terrorism is, Richardson explores its origins, its goals, what’s to come, and what is to be done about it. Having grown up in rural Ireland and watched her friends join the Irish Republican Army, Richardson knows from firsthand experience how terrorism can both unite and destroy a community. As a professor at Harvard, she has devoted her career to explaining terrorist movements throughout history and around the globe. From the biblical Zealots to the medieval Islamic Assassins to the anarchists who infiltrated the cities of Europe and North America at the turn of the last century, terrorists have struck at enemies far more powerful than themselves with targeted acts of violence. Yet Richardson understands that terrorists are neither insane nor immoral. Rather, they are rational political actors who often deploy carefully calibrated tactics in a measured and reasoned way. What is more, they invariably go to great lengths to justify their actions to themselves, their followers, and, often, the world. Richardson shows that the nature of terrorism did not change after the attacks of September 11, 2001; what changed was our response. She argues that the Bush administration’s “global war on terror” was doomed to fail because of an ignorance of history, a refusal to learn from the experience of other governments, and a fundamental misconception about how and why terrorists act. As an alternative, Richardson offers a feasible strategy for containing the terrorist threat and cutting off its grassroots support. The most comprehensive and intellectually rigorous account of terrorism yet, What Terrorists Want is a daring intellectual tour de force that allows us, at last, to reckon fully with this major threat to today’s global order. KIRKUS- starred review "The short answer? Fame and payback, perhaps even a thrill. The long answer? Read this essential, important primer. Terrorist groups have many motives and ideologies, notes Richardson (Executive Dean/Radcliffe Institute for Advanced Study), but they tend to similar paths: They are founded by mature, well-educated men but staffed by less learned and certainly more pliable youths; they are fueled by a sense of injustice and the conviction that only they are morally equipped to combat it; they see themselves as defenders and not aggressors; they often define the terms of battle. And, of course, this commonality: "Terrorists have elevated practices that are normally seen as the excesses of warfare to routine practice, striking noncombatants not as an unintended side effect but as a deliberate strategy." Thus massacres, suicide bombings and assassinations are all in a day's work. Richardson argues against Karl Rove, who after 9/11 mocked those who tried to understand the enemy, by noting that only when authorities make efforts to get inside the minds of their terrorist enemies do they succeed in defeating them, as with the leadership of the Shining Path movement in Peru. Still, as Rove knows, if terrorists share a pathology, then so do at least some of their victims: Once attacked, people in democratic societies are more than willing to trade freedom for security. Richardson closes by offering a set of guidelines for combating terrorism, with such easily remembered rules as "Live by your principles" and "Engage others in countering terrorists with you"–observing, in passing, that the Bush administration's attack on Iraq and subsequent occupation will likely be remembered as serving as a recruiting poster for still more terrorists. How to win? Develop communities, settle grievances, exercise patience and intelligence. That said, watch for more terrorism to come: "We are going to have to learn to live with it and to accept it as a price of living in a complex world." _________________________________________________________________________________ “Louise Richardson . . . has now produced the overdue and essential primer on terrorism and how to tackle it. What Terrorists Want is the book many have been waiting for.”—The New York Times Book Review (Editor’s Choice) “Lucid and powerful, Richardson’s book refutes the dangerous idea that there’s no point in trying to understand terrorists. . . . rich, readable.”—Los Angeles Times Book Review “The kind of brisk and accessible survey of terrorism-as-modus operandi that has been sorely missing for the past five years . . . [What Terrorists Want] ought to be required reading as the rhetoric mounts this campaign season.”—The American Prospect “Richardson is one of the relative handful of experts who have been studying the history and practice of terrorism since the Cold War. . . . This book is a welcome source of information. It’s written by a true expert, giving her measured thoughts.”—Christian Science Monitor “Richardson’s clear language and deep humanity make What Terrorists Want the one book that must be read by everyone who cares about why people resort to the tactic of terrorism.”–Desmond M. Tutu, Archbishop Emeritus “This is a book of hope. Terrorism, like the poor, will always be with us in one form or another. But given sensible policies, we can contain it without destroying what we hold dear.”–Financial Times “A passionate, incisive, and groundbreaking argument that provocatively overturns the myths surrounding terrorism.”–Mary Robinson, former president of Ireland and former UN High Commissioner for Human Rights “In its lucid analysis and summary, [What Terrorists Want] is simply the best thing of its kind available now in this highly crowded area.”–The Evening Standard “If a reader has the time to read only one book on terrorism, What Terrorists Want is that book. Extensive historical knowledge, personal contacts, enormous analytic skills, common sense, and a fine mix of lucidity and clarity, make of this work a most satisfying dissection of terrorists’ motives and goals, and of the effects of September 11, 2001. Richardson also offers a sharp critique of American counterterrorism policies, and a sensible plan for better ones.”–Stanley Hoffmann, Buttenwieser University Professor, Harvard University “An astonishingly insightful analysis by one of the world’s leading authorities on terrorism, this book is filled with wisdom–based not only on the author’s extensive and long-term study of terrorism but also on her experience growing up in a divided Ireland.”–Jessica Stern, author of Terror in the Name of God: Why Religious Militants Kill “A wide-ranging, clear headed, crisply written, cogently argued anatomy of terrorist groups around the world.”–Peter Bergen, senior fellow, New America Foundation, and author of The Osama bin Laden I Know: An Oral History of al Qaeda’s Leader “Among the numerous books published on terrorism after the 9/11 attacks, Louise Richardson’s stands out as an unusually wise, sensible, and humane treatise. An engrossing and lucid book, which hopefully will be read by many and spread its unique spirit of realistic optimism.” –Ariel Merari, Professor of Psychology, Tel Aviv University “Thoughtful and stimulating . . . Controversially, and indeed courageously, [Richardson] argues that, instead of regarding the terrorists–even al-Qaeda types–as mindless and irrational creatures motivated by dark forces of evil, it would be more constructive to examine and seek to moderate some of the grievances that drive previously normal and even nondescript characters to kill and maim innocent people they don’t even know.”–The Irish Times “A textbook and a myth-buster . . . [Richardson] is calling for nothing less than a total re-evaluation of how we consider, and react to, terrorism. . . . What Terrorists Want ought to be on the bookshelf in every government office. Certainly, for any student of international affairs it is an essential reading.” –The Atlantic Affairs
Author: Wadie E. Said
Publisher: Oxford University Press
ISBN: 0190234164
Category : Law
Languages : en
Pages : 226
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Book Description
The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.
Author: Christopher J. Finlay
Publisher: Cambridge University Press
ISBN: 1107040930
Category : History
Languages : en
Pages : 355
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Book Description
A systematic account of the right to resist oppression and of the forms of armed force it can justify.
