Enemy combatants, terrorism, and armed conflict law : a guide to the issues / edited by David K. Linnan.

Format:

Book

Contributor:

Linnan, David K., 1953-

Language:

English

Subjects (All):

Terrorism--United States--Prevention.

Terrorism.

United States.

Terrorism--Prevention--Law and legislation--United States.

Terrorism--Prevention--Law and legislation.

National security--Law and legislation--United States.

National security.

National security--Law and legislation.

Civil rights--United States.

Civil rights.

Detention of persons--United States.

Detention of persons.

Combatants and noncombatants (International law).

War (International law).

Physical Description:

vi, 400 pages : illustrations ; 27 cm

Place of Publication:

Westport, Conn. : Praeger Security International, 2008.

Summary:

With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with the rights of its own citizens, as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11 and addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners, and laws governing armed conflict have long-standing precedents under domestic and international law, this war has challenged even long-standing legal interpretations. The contributors to this work explore those precedents and contemporary challenges to them.

Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence, linked in practice to issues of intervention into the territory of states harboring such groups. In military circles, the idea of armed struggle between modern military forces and guerrillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq, but also the treatment at the Guantanamo Bay facility of alleged al Q'aeda captives from Afghanistan.

The contributors to this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's numerous strengths is the fact that the many facets of the ongoing debate are all represented.

Contents:

Introduction : legitimacy, religion, ethics, and armed conflict law in context / David K. Linnan

The press, the presidency, and public opinion since 9/11 : shaping U.S. foreign policy and military strategy / Lowndes F. Stephens

Muslim perspectives on the invasion of Iraq : informed publics, regime leaders, and Islamic jurists / Shahrough Akhavi

Contested morality in U.S. foreign policy / Janice Love

Paradigm shifts, executive power, and the War on Terror / Norman C. Bay

Promotion of liberal Islam by the United States / John H. Mansfield

The 9/11 Commission report and public discourse project / Michael Hurley

International legal limits on the government's power to detain "enemy combatants" / Geremy C. Kamens

Military commissions : an overview / H. Wayne Elliott

War, crime, or war crime? interrogating the analogy between war and terror / Miriam J. Aukerman

Legitimacy and authority in Islamic discussions of "martyrdom operations"/"suicide bombings" / A. Kevin Reinhart

With a mighty hand : Judaic ethics of exercising power in extraordinary warfare / Jonathan K. Crane

Jesus and Mars : a brief introduction to the Christian just war tradition / Michael Skerker

Redefining legitimacy : legal issues / David K. Linnan

The concept of superior responsibility under international law as applied in Indonesia / Hikmahanto Juwana

The 2006 conflict in Lebanon, or what are the armed conflict rules when legal principles collide? / George K. Walker

The legal way ahead between war and peace / Kevin H. Govern

Discerning justice in the trail and execution of Saddam Hussein / John D. Carlson

Individual responsibility, tribunals, and truth and reconciliation commissions : are we asking the wrong questions? / David K. Linnan.

Notes:

Includes bibliographical references (pages [381]-384) and index.

ISBN:

9780275998141

0275998142

OCLC:

173718652