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Law Ethics And The War On Terror

Author : Matthew Evangelista
ISBN : 9780745639680
Genre : Political Science
File Size : 30.92 MB
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In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.
Category: Political Science


Author : South Texas College of Law
ISBN : STANFORD:36105063785088
Genre : Political Science
File Size : 83.86 MB
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Category: Political Science

Legislating The War On Terror

Author : Benjamin Wittes
ISBN : 9780815704171
Genre : Political Science
File Size : 67.28 MB
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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 targeted killing as a counterterrorism tool. How should Congress authorize, regulate, and limit counterterrorism tools, and under what circumstances should it permit and encourage their use? The authors of this book share a commitment to pushing a reluctant Congress to play a more active role than it has to date in writing the rules of the road.
Category: Political Science

Fighting Terror

Author : Alex Bellamy
ISBN : 9781848136700
Genre : Political Science
File Size : 61.49 MB
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Fighting Terror analyses the ethical dilemmas that confront everyone in the war on terror. Arguing that this is as much a war of ideas as it is a military struggle, Alex Bellamy argues that fighting morally is essential in distancing the terrorized from the terrorists. The book starts by setting out the case for thinking ethically about the war on terror and demonstrates the immorality of terrorism. Covering everything from torture to bombing, assassination to post-war reconstruction, Bellamy uses a series of fascinating case studies to examine how morally terror is being fought across the world. Though, he claims, there is a good case for combating terrorism, the way this is being done is ethically deeply troubling. Fighting Terror makes a powerful and controversial argument for bringing ethics and morality back in to the way we think about terrorism.
Category: Political Science

Philosophy 9 11

Author : Timothy Shanahan
ISBN : 0812695828
Genre : Philosophy
File Size : 56.22 MB
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Fifteen philosophers turn their thoughts to international terrorism and the war that it has spawned, lending their expertise in law, ethics, politics, feminism, and aesthetics to a wide range of issues, from just war theory to the question of how to define terrorism. Original.
Category: Philosophy

Philosophical Perspectives On The War On Terrorism

Author : Gail M. Presbey
ISBN : 9789042021969
Genre : Political Science
File Size : 68.44 MB
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Philosophy of Peace (POP), in conjunction with Concerned Philosophers for Peace, explores socio-political and ethical perspectives on modern warfare, peacemaking, and conflict resolution, including the many forms of domestic and global violence, such as sexism, racism, and classism. This book responds to the Bush Administration position on the "war on terror." It examines preemption within the context of "just war"; justification for the United States-led invasion of Iraq, with some authors charging that its tactics serve to increase terror; global terrorism; and concepts such as reconciliation, Islamic identity, nationalism, and intervention. The Value Inquiry Book Series (VIBS) is an international scholarly program, founded in 1992 by Robert Ginsberg, that publishes philosophical books in all areas of value inquiry, including social and political thought, ethics,, applied philosophy, aesthetics: feminism, pragmatism, personalism, religious values, health values, values in education, values in science and technology, humanistic psychology, cognitive science, formal axiology, history of philosophy, post-communist thought, peace theory, law and society, and theory of culture.
Category: Political Science

Treatment Of Battlefield Detainees In The War On Terrorism

Author : Jennifer Elsea
ISBN : 1590337697
Genre : History
File Size : 54.55 MB
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After earlier criticism from human rights organizations and many foreign governments regarding the determination that the Geneva Conventions of 1949 do not apply to the detainees held in Cuba, President Bush shifted position with an announcement that Taliban fighters are covered by the 1949 Geneva Conventions, while al Qaeda fighters are not. Taliban fighters are not to be treated as prisoners of war (POW), however, because they reportedly fail to meet international standards as lawful combatants. The decision is not likely to affect the treatment of any of the detainees held at the U.S. Naval Base at Guantánamo Bay, Cuba, and is not likely to quell all of the criticism. The Geneva Conventions of 1949 create a comprehensive legal regime for the treatment of detainees in an armed conflict. Members of a regular armed force and certain others, including militias and volunteer corps serving as part of the armed forces, are entitled to specific privileges as POWs. Groups that do not meet the standards are not entitled to POW status, and their members who commit belligerent acts may be treated as civilians under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (GC). These "unprivileged" or "unlawful combatants" may be punished for acts of violence for which legitimate combatants could not be punished. Some have argued that there is implied in the Geneva Conventions a third category comprised of combatants from militias who do not qualify for POW status but also fall outside of the protection for civilians. These combatants may be lawful in the sense that they do not incur criminal liability for engaging in otherwise lawful combat, but they would not be entitled to privileges as POWs or protected civilians. The status of the detainees may affect their treatment in several ways. The Administration has argued that granting the detainees POW status would interfere with efforts to interrogate them, which would in turn hamper its efforts to thwart further attacks. Denying POW status may allow the Army to retain more stringent security measures, detain accused members of terrorist organizations indefinitely, and try some detainees by military commissions for violations of the law of war. This book explores the dilemma that the US government faces as far as the classification of its prisoners that they deem to not fall under the POW status and the treatment and rights that they are entitled to.
Category: History

International Law Security And Ethics

Author : Aidan Hehir
ISBN : 9781136719615
Genre : History
File Size : 70.17 MB
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This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.
Category: History

The Ethics And Efficacy Of The Global War On Terrorism

Author : C. Webel
ISBN : 9781137001931
Genre : Political Science
File Size : 76.16 MB
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Presenting the reader with provocative articles that critically examine the morality of the war on terrorism as it has evolved over the past eight years, this book consists of articles that effectively address specific aspects of the war on terrorism that are missing or underrepresented in ethical discourse since 9/11
Category: Political Science

Terror Religion And Liberal Thought

Author : Richard B. Miller
ISBN : 9780231521864
Genre : Religion
File Size : 29.5 MB
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Religious violence may trigger feelings of repulsion and indignation, especially in a society that encourages toleration and respect, but rejection contradicts the principles of inclusion that define a democracy and its core moral values. How can we think ethically about religious violence and terrorism, especially in the wake of such atrocities as 9/11? Known for his skillful interrogation of ethical issues as they pertain to religion, politics, and culture, Richard B. Miller returns to the basic tenets of liberalism to divine an ethical response to religious extremism. He questions how we should think about the claims and aspirations of political religions, especially when they conflict so deeply with liberal norms and practices, and he suggests how liberal critics can speak confidently in ways that respect cultural and religious difference. Miller explores other concerns within these investigations as well, such as the protection of human rights and a liberal democratic commitment to multicultural politics. In relating religion and ethics, he develops a new lens for viewing political religions and their moral responsibilities. This probing inquiry also forces us to rethink our response to 9/11.
Category: Religion