law of war in the war on terror
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INTRODUCTION
The advent of global counterterrorism operations following the attacks of September 11, 2001 on the United States and the subsequent in...
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This is the third in a weeklong series on the law and war on terrorism.
Of all the objections to treating the war on terror as an armed conflict, rather than a criminal justice matter, the most credible involve the potential abuse of power. If the laws of war apply, then governmental power, especially the president's, expands with, some complain, little limitation.
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When some New York Law School students first decided to organize a Federalist Society chapter many years ago, they actually asked me to be their facul...
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Introduction - I. Green Light: The Obama Administration’s Decision to Kill al-Awlaki - A. Framing the Issue - 1. Al-Awlaki-The Facts - 2. The Doctrinal Dilemma Posed by Targeting al-Awlaki - B. Relevant Statutes & Treaties - 1. The Foreign-murder Statute - 2. Authorization for Use of Military Force (AUMF) - 3. International Law-The Geneva Conventions - C. Recent Developments-Al-Bihani v. Obama - II. Yellow Light: Is Killing al-Awlaki Prohibited by the Foreign-murder Statute? - A. Are International Law Norms Automatically a Part of U.S. Domestic Law? - 1. Pre-Medellin Treaty Status in U.S. Domestic Law - 2. Post-Medellin Treaty Status in U.S. Domestic Law - 3. The Medellin Paradigm and the International Laws of War - B. Circumventing Non-self-execution-Has Congress Incorporated the...
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I. INTRODUCTION
In the aftermath of the terrorist attacks of September 11, 2001, the government of the United States took unprecedented steps to pro...
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The United States can conceivably avoid such treaty obligations, but most of customary international law's humanitarian protections are jus cogens, that is, states cannot lawfully derogate from them. Many scholars have discussed the binding authority of customary international law, but there has yet to be a thorough exegesis of the anti-torture norm in the specific context of War on Terror detainees. The American Civil Liberties Union ("ACLU") has filed a lawsuit against US Secretary of Defense Donald H. Rumsfeld on behalf of detainees who were allegedly held and abused in Afghanistan and Iraq.9 The four Afghanistan detainees-Mehboob Ahmad, Said Nabi Siddiqi, Mohammed Karim Shirullah, and Haji Abdul Rahman-assert claims of torture that are brutal in their honesty and shocking in the...
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... does not only signify "the grisly Terror" of Milton, the supreme violence and annihilation ...
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Introduction. II. Theories of Administrative Law and the War on Terror. A. Expertise and Discretion in Classical Theory. B. The Turn Towards Politics and Away From Capacity. C. War on Terror Scholarship: The Privileging of Politics and Rights. III. The Real id Act: Anti-Terrorism Through Adjudication. A. State DMVS and Drivers' Licensing. 1. The New Regulatory Scheme. 2. Fit. 3. Inexpertise. 4. Overdiscretion. 5. The Effect on Proxies. 6. Conclusion. B. USCIS and Political Asylum. 1. The New Regulatory Scheme. 2. Fit. 3. Inexpertise and Overdiscretion. 4. The Impact on Proxies. 5. Conclusion. IV. The Patriot Act and The Financial War Against Terror. A. OFAC and the Evolution of the Asset Freeze. 1. The New Regulatory Scheme. 2. Inexpertise. 3. Overdiscretion. 4. Fit. 5. The Effect on...
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... had attached himself to the al-Qaeda terrorist organization. Like his son, he was a native-born A...
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... significance, the global war on terrorism has enhanced Pakistan's significance as a regional...