Terrorism Law

by
Edition: 3rd
Format: Hardcover
Pub. Date: 2005-12-01
Publisher(s): Lawyers & Judges Pub Co
List Price: $85.00

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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

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