Terrorism Law,9780913875759

Terrorism Law

by
Edition: 2nd
ISBN13: 9780913875759
ISBN10: 0913875759
Format: Hardcover
Pub. Date: 2004-10-31
Publisher(s): Lawyers & Judges Pub Co
List Price: $85.00

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Author Biography

Jeffrey F. Addicott is currently an Associate Professor of Law and the Director of the Center for Terrorism Law at St. Mary's University School of Law, San Antonio, Texas

Table of Contents

Summary Table of Contents v
Acknowledgments xiii
Introduction xv
Endnotes xix
1. What Is Terrorism?
1(18)
1.1 Defining Terrorism
2(2)
1.2 The Goal of Terrorism
4(1)
1.3 Terrorism and Weapons of Mass Destruction
4(1)
1.4 State-Sponsored and State-Supported Terrorism
5(2)
1.5 The Diplomatic Bag
7(2)
1.6 Sub-State Terrorism
9(1)
1.7 Individual Terrorism
10(1)
1.8 Al-Qa'eda Styled Terrorism
11(2)
Endnotes
13(6)
2. The War on Terror
19(22)
2.1 September 11, 2001
20(2)
2.2 An Act of War
22(2)
2.3 The Rule of Law: Use of Force
24(7)
2.4 NATO
31(1)
2.5 Congressional War-Making Power
32(2)
2.6 The Employment of Lawful Violence
34(1)
Endnotes
35(6)
3. Expanding the War on Terror
41(24)
3.1 The Bush Doctrine
42(3)
3.2 Why They Hate
45(3)
3.3 Weapons of Mass Murder
48(2)
3.4 The Bush Doctrine and the Rule of Law
50(4)
3.5 Power versus Words: The Rule of Law
54(6)
Endnotes
60(5)
4. Civil Liberties and the War on Terror
65(44)
4.1 Past Efforts to Address Terrorism
66(2)
4.2 Federal Courts and Military Tribunals
68(11)
4.3 Investigating and Prosecuting Terrorist Suspects
79(3)
4.4 Use of the Military in Domestic Law Enforcement
82(3)
4.5 Immigration
85(1)
4.6 New Information-Gathering Technologies
86(6)
4.7 Increased Security Measures in Public Places
92(1)
4.8 The Constitution and the War on Terror
93(2)
Endnotes
95(14)
5. Necessity and Rationale for the Law of War: Lessons from My Lai
109(44)
5.1 The Law of War
112(3)
5.2 Voices from the Past: My Lai
115(2)
5.3 The Facts of My Lai
117(2)
5.4 My Lai Comes to Light
119(1)
5.5 The Impact of My Lai
120(1)
5.6 Why Did My Lai Happen?
121(5)
5.7 Leadership
126(4)
5.8 Lack of a Grand Strategy on the Part of the United States
130(2)
5.9 Lessons of My Lai
132(9)
A. Lesson one. Rationale for the law of war
133(3)
B. Lesson two. Soldiers must be trained in the law of war
136(2)
C. Lesson three. Preventing violations of the law of war in the War on Terror
138(3)
Endnotes
141(12)
6. Assassination
153(24)
6.1 Presidential Executive Order 12333
154(4)
6.2 Definitions
158(6)
6.3 The Rule of Law Relating to the Use of Force
164(4)
6.4 Israeli View of Targeted Killings
168(1)
6.5 Need for a New Executive Order
169(2)
Endnotes
171(6)
7. Interrogation Techniques
177(38)
7.1 Defining Torture
178(1)
7.2 International Agreements
179(6)
7.3 United States Domestic Law
185(7)
7.4 Allegations of United States Sanctioned Torture
192(6)
7.5 What Exactly Do American Interrogators Do?
198(3)
7.6 What Can United States Interrogators Do?
201(1)
7.7 Abu Ghraib and the Search for the Smoking Gun
202(4)
Endnotes
206(9)
8. The Ticking Time Bomb Scenario
215(12)
8.1 The Israeli View
216(3)
8.2 The Defense of Necessity
219(1)
8.3 Professor Dershowitz's View
220(2)
8.4 A Right Thing Must Be Done in a Right Way
222(2)
Endnotes
224(3)
9. A New Paradigm for War and Terrorism Avoidance
227(42)
9.1 The Causes of Aggression and Terrorism
229(3)
9.2 The New Paradigm for War and Terrorism Avoidance
232(2)
9.3 Defining Democratic Values and Democracy
234(5)
9.4 Origins of Human Rights
239(5)
9.5 The Corpus of Human Rights Law
244(2)
9.6 United Nations Efforts to Promote Human Rights
246(6)
9.7 Non-Governmental Organizations Devoted to Human Rights
252(1)
9.8 Regional Organizations to Promote Human Rights
253(2)
9.9 Traditional Efforts of the United States in Promoting Human Rights
255(7)
9.10 New Challenges and New Thinking
262(1)
Endnotes
263(6)
10. Leading the Way: Pax Americana or the Rule of Law? 269(20)
10.1 Collective Security
269(2)
10.2 Peace, Freedom and Appeasement: Lessons from the Gulf War of 1991
271(6)
10.3 Stay with the Rule of Law
277(7)
Endnotes
284(5)
11. The Role of the Military and Army Special Forces in Promoting Human Rights 289(16)
11.1 The United States Global Strategic View
291(1)
11.2 New Non-Traditional Roles: Human Rights as a Force Multiplier
292(5)
11.3 The Role of Special Forces
297(6)
Endnotes
303(2)
12. America Must Stay the Course 305(10)
Endnotes
312(3)
Appendices
A. Selected Provisions of the Charter of the United Nations
315(18)
B. United Nations Security Council Resolution 1368 (2001)
333(2)
C. Statement by the North Atlantic Council (September 12, 2001)
335(2)
D. Authorization for Use of Military Force (Public Law 107-40, 107th Congress)
337(2)
E. War Powers Resolution (Public Law 93-148, 93rd Congress, H.J. Res. 542, November 7, 1973)
339(8)
F. President's Letter to Congress on American Response to Terrorism (October 9, 2001)
347(2)
G. The United States Constitution (Selected Provisions)
349(4)
H. Universal Declaration of Human Rights
353(8)
I. International Covenant on Civil and Political Rights
361(14)
J. Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq
375(4)
K. Treaty Providing for the Renunciation of War as an Instrument of National Policy (Kellogg-Briand Pact)
379(4)
L. Selected Provisions of the National Security Strategy of the United States of America
383(10)
M. United Nations Security Council Resolution 1441 (2002)
393(8)
N. General Counsel's Letter to the Secretary of Defense Addressing Counter-Resistance Techniques (November 27, 2002)
401(2)
O. United Nations Security Council Resolution 1483 (2003)
403(12)
P. United Nations Security Council Resolution 1546 (2004)
415(10)
Q. Yaser Esam Hamdi and Esam Fouad Hamdi, as next friend of Yaser Esam Hamdi, a Donald H. Rumsfeld, Secretary of Defense, et al
425(24)
About the Author 449(2)
Index 451

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