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"Terrorism (International law) -- United States"
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Combating terrorism in the 21st century : American laws, strategies, and agencies
\"This combination A-Z encyclopedia and primary document collection provides an authoritative and enlightening overview of U.S. anti- and counter terrorism politics, policies, attitudes, and actions related to both foreign and domestic threats, with a special emphasis on post-9/11 events\"-- Provided by publisher.
BOOK
Courts at War
On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch's actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States.
Courts at War goes beyond the postâ€\"9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)-even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments.
Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump's travel ban.
eBook
The drone memos : targeted killing, secrecy, and the law
\"The Drone Memos is a groundbreaking volume that collects and explains the legal documents underlying the Obama administration's hugely controversial program of remote-control assassination. Jameel Jaffer led the ACLU legal team that sued for the release of these documents. In The Drone Memos, he compiles the legal memos, white papers, and government speeches that, taken together, ratified and even expanded the Bush administration's \"war on terror.\" These documents are now key precedents, and they will be debated inside and outside the United States for years to come. In a powerful introduction, Jaffer contextualizes and explains the memos and connects the legal abstractions to the real-world violence being perpetrated in our names. The memos, he argues, place astonishingly broad power in the hands of future presidents--power that the Constitution never envisioned, and that will almost certainly be abused\"-- Provided by publisher.
Book
Terrorism on trial : political violence and abolitionist futures
A landmark sociological examination of terrorism prosecution in United States courts Rather than functioning as a final arbiter of justice, U.S. domestic courts are increasingly seen as counterterrorism tools that can incapacitate terrorists, maintain national security operations domestically, and produce certain narratives of conflict. Terrorism on Trial examines the contemporary role that these courts play in the global war on terror and their use as a weapon of war: hunting, criminalizing, and punishing entire communities in the name of national security. Nicole Nguyen advocates for a rethinking of popular understandings of political violence and its root causes, encouraging readers to consider anti-imperial abolitionist alternatives to the criminalization, prosecution, and incarceration of individuals marked as real or perceived terrorists. She exposes how dominant academic discourses, geographical imaginations, and social processes have shaped terrorism prosecutions, as well as how our fundamental misunderstanding of terrorism has led to punitive responses that do little to address the true sources of violence, such as military interventions, colonial occupations, and tyrannical regimes. Nguyen also explores how these criminal proceedings bear on the lives of defendants and families, seeking to understand how legal processes unevenly criminalize and disempower communities of color. A retheorization of terrorism as political violence, Terrorism on Trial invites readers to carefully consider the role of power and politics in the making of armed resistance, addressing the root causes of political violence, with a goal of building toward a less violent and more liberatory world.
eBook
America Unbound: The Bush Revolution in Foreign Policy
George W. Bush has launched a revolution in American foreign policy. He has redefined how America engages the world, shedding the constraints that friends, allies, and international institutions impose on its freedom of action. He has insisted that an America unbound is a more secure America. How did a man once mocked for knowing little about the world come to be a foreign policy revolutionary? In America Unbound, Ivo H. Daalder and James M. Lindsay dismiss claims that neoconservatives have captured the heart and mind of the president. They show that George W. Bush has been no one's puppet. He has been a strong and decisive leader with a coherent worldview that was evident even during the 2000 presidential campaign. Daalder and Lindsay caution that the Bush revolution comes with significant risks. Raw power alone is not enough to preserve and extend America's security and prosperity in the modern world. The United States often needs the help of others to meet the challenges it faces overseas. But Bush's revolutionary impulse has stirred great resentment abroad. At some point, Daalder and Lindsay warn, Bush could find that America's friends and allies refuse to follow his lead. America will then stand alone-a great power unable to achieve its most important goals.
eBook
A Postcolonial Critique of the Linde et al. v. Arab Bank, PLC \Terrorism\ Bank Cases
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Offering a postcolonial reading of the case of Linde et al. v. Arab Bank, PLC, this study argues that American courtrooms are being used by rhetors to tell Anglo-American stories about Hamas, the causes of the Second Intifada, and the importance of 'drying up' terrorist financing. While legislation like the 1990 Anti-Terrorism Act appears to be formalistic and neutral in the way that it references the importance of cutting down on the financing of terrorism, the author argues that American courts have often interpreted this in one-sided ways that target 'Arab' banks or 'Palestinian' terrorism. This critique posits that ostensibly objective and apolitical judicial cases on terrorism are in fact serving the ideological purpose of justifying both the Israeli and American vilification of controversial organizations like Hamas. Moreover, by labelling institutions like the Arab Bank abettors of terrorism, American judges and juries hurt Middle Eastern charities and hurt the cause of moderates in the region.
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Marouf Hasian, Jr. is Professor of Communication at the University of Utah, USA. He is the author of numerous books, more than 150 refereed articles and book chapters, and has written on such topics as drone warfare and lawfare, public acceptance of national security states, and the securitization of human rights rhetoric.
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This book provides readers with a postcolonial reading of the case of Linde et al. v. Arab Bank, PLC, and argues that American courtrooms are being used by rhetors to tell Anglo-American stories about Hamas, the causes of the Second Intifada, and the importance of 'drying up' terrorist financing.
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1. Appreciating the Significance of the Linde et al. v. Arab Bank, PLC 'Terrorism' Bank Cases 2. A Critical Genealogical Study of Nineteenth and Twentieth-Century Colonial And Imperial Concerns About the Financing of Terrorism 3. Critical Reading of the Passage of the 1990 Anti-Terrorism Act and the Filing of the Linde et al. v. Arab Bank, PLC cases 4. A Critical Review of the Linde Plaintiffs' Framing of the Role that Financial Institutions Played in the Rise of Hamas, 2000 to 2014 5. Situation Factors and the Defense's Framing of Banking Innocence in the Linde et al. v. Arab Bank, PLC Cases 6. Conclusion-The Lingering Influence of the Linde et al. v. Arab Bank, PLC cases
eBook
The United States, International Law, and the Struggle against Terrorism
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called \"War on Terrorism\" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.
This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the \"War on Terrorism\".
Thomas McDonnell is a Professor of Law at Pace University, USA.
Acknowledgements. List of Abbreviations. Preface 1. The West’s Colonization of Muslim Lands and the Rise of Islamic Fundamentalism 2. \"The Global War on Terrorism\": A Mislabeling of the Terrorist Challenge? Part 1: Imprisoning Suspected Agents of Terror 3. \"Torture Light\" 4. Torture Heavy 5. The Allure of the \"Ticking Time Bomb\" Hypothetical 6. Beyond Locking ’Em Up and Throwing Away the Key? Indefinite Detention, Habeas Corpus, and the Right to a Fair Trial Part 2: Stopping Terrorists on the Ground 7. Acceptable \"Collateral Damage\"? Taking Innocent Life in Conducting the \"War on Terrorism\" 8. Assassinating Suspected Terrorists: \"The Dark Side\" of the War on Terror? 9. Carrying out the Death Penalty in the \"War on Terrorism\": Getting Just Desert or Creating Martyrs? 10. Ethnic and Racial Profiling: Counter Productive in the \"War on Terrorism\"? Part 3: Invading and Occupying Muslim Countries 11. The Invasion and Occupation of Iraq: Aggression or a Justified Resort to Force? 12. The Invasion and Occupation of Afghanistan: The Legal Challenge Posed by the Haven State 13. Conquest, Colonization and the Right of Self-Determination. Glossary. Index
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