Download or read book Decision Re Application of the Geneva Convention on Prisoners of War to the Conflict with Al Qaeda and the Taliban written by Alberto R. Gonzales and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treatment of Battlefield Detainees in the War on Terrorism updated Ed written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2009-12 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.
Download or read book The war in Afghanistan A Legal Analysis written by and published by Government Printing Office. This book was released on with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides legal examination of the armed conflict in Iraq during the secondd Gulf War that began in 2003. Discusses legal issues associated with the initial decision to use armed force, the manner in which force was employed, the legal framework and evolution of military activities from invasion to occupation, detention and counterinsurgency operations, as well as policy and legal issues associated with the establishment of the rule of law and return of governance to the people of Iraq.
Download or read book Legal Treatment of Detainees Members of Al Qaeda held in Guantanamo Naval Base written by Marina Fernandez Arroyo and published by GRIN Verlag. This book was released on 2017-03-01 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 5.5/6, , language: English, abstract: After the terrorist attacks against the United States on September 11, 2001, two United Nations Security Council resolutions (resolutions 1368 and 1373) acknowledged the right to self-defence of the US following article 51 of the UN Charter. The US requested the Taliban regime's (the government at the time in Afghanistan) assistance to capture Al-Qaeda, whose main infrastructure was established in the country. The refusal of the Taliban resulted in an international armed conflict (hereinafter IAC) against Afghanistan, being that the Taliban were the de facto government hosting terrorists, and against Al-Qaeda that was de facto under effective control of the Taliban. As a result, during the conflict, members of the Taliban regime and Al-Qaeda were detained sharing the same fate, indefinite detention in Guantanamo.
Download or read book Prisoner of War A Controversial Status written by Stephan Müller and published by GRIN Verlag. This book was released on 2009-03 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: 2,4, Stellenbosch Universitiy, 63 entries in the bibliography, language: English, abstract: The status, Prisoner of War reveals many issues. This paper examines the meaning of the term Prisoner of War (POW) and discusses the topic with a focus on the US State practice. In particular the treatment of the prisoners, who have been captured in the context of the Afghanistan War and the fight against terrorism, is taken into account. Under this section also the quandary of an adequate and justifiable classification of the different categories of prisoners is discussed. In this context also the terms "unlawful combatant" and "war on terror" are addressed. In addition the relation between Humanitarian Law, Human Rights and Domestic Law is considered and brought into relation with decisions of the US Courts. Additionally the issue of criminal liability under Domestic and International law is raised. The paper concludes with a summary of the findings and an appraisal of the results followed by a perspective to future developments.
Download or read book International Law and Armed Conflict Exploring the Faultlines written by Michael Schmitt and published by BRILL. This book was released on 2007-08-30 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.
Download or read book The Case for Impeachment written by Dave Lindorff and published by Macmillan. This book was released on 2007-05-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this hard-hitting and persuasive new book, a seasoned journalist and a Constitutional expert assert that it's time for the American people to take action against President George W. Bush.
Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Early Developments in the Detention and Trial of Enemy Combatants Captured in the ¿War on Terror¿: Rasul v. Bush; Combatant Status Review Tribunals; (3) Pre-Boumediene v. Bush Court Challenges to the Detention Policy: Khalid v. Bush; In re Guantanamo Detainee Cases; Hamdan v. Rumsfeld; Al-Marri; (4) Detainee Treatment Act of 2005 (DTA); (5) The Mil. Comm. Act of 2006 (MCA): Provisions Affecting Court Jurisdiction; Provisions Re: the Geneva Conventions; (6) Post-MCA Issues and Developments: Possible Application to U.S. Citizens; DTA Challenges to Detention; (7) Boumediene v. Bush: Constitutional Right to Habeas; Adequacy of Habeas Corpus Substitute; Implications of Boumediene; (8) Exec. Order to Close Guantanamo and Halt Mil. Commission Proceed.; (9) Redefining U.S. Detention Authority; (10) Constitutional Considerations and Options for Congress; Scope of Challenges; Congressional Authority over Fed. Courts; Separation of Powers Issues; (11) Conclusion: Nat. Def. Author. Provisions; Habeas Corpus Amend.; Bills to Regulate Detention. Figures.
Download or read book Habeas Corpus After 9 11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Download or read book On War and Democracy written by Christopher Kutz and published by Princeton University Press. This book was released on 2016-01-19 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: On War and Democracy provides a richly nuanced examination of the moral justifications democracies often invoke to wage war. In this compelling and provocative book, Christopher Kutz argues that democratic principles can be both fertile and toxic ground for the project of limiting war's violence. Only by learning to view war as limited by our democratic values—rather than as a tool for promoting them—can we hope to arrest the slide toward the borderless, seemingly endless democratic "holy wars" and campaigns of remote killings we are witnessing today, and to stop permanently the use of torture and secret law. Kutz shows how our democratic values, understood incautiously and incorrectly, can actually undermine the goal of limiting war. He helps us better understand why we are tempted to believe that collective violence in the name of politics can be legitimate when individual violence is not. In doing so, he offers a bold new account of democratic agency that acknowledges the need for national defense and the promotion of liberty abroad while limiting the temptations of military intervention. Kutz demonstrates why we must address concerns about the means of waging war—including remote war and surveillance—and why we must create institutions to safeguard some nondemocratic values, such as dignity and martial honor, from the threat of democratic politics. On War and Democracy reveals why understanding democracy in terms of political agency, not institutional process, is crucial to limiting when and how democracies use violence.
Download or read book Interrogation World War II Vietnam and Iraq written by James A. Stone and published by U.S. Government Printing Office. This book was released on 2010-03-09 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In September 2004, the Intelligence Science Board, an advisory board appointed by the Director of National Intelligence, initiated the Study on Educing Information (EI). This study is an ongoing effort to review what is known scientifically about interrogation and other forms of human intelligence collection and to chart a path to the future. As part of our efforts, we have worked closely with faculty and students of the National Defense Intelligence College. The NDIC Press published "Educing Information: Interrogation: Science and Art, Foundations for the Future," a book based on Phase I of the Study on EI. Three students, Special Agent James Stone, U.S. Air Force; Special Agent David Shoemaker, U.S. Air Force; and Major Nicholas Dotti, U.S. Army, completed master's thesis studies during Academic Year 2006-07 on topics related to interrogation. Special Agent Stone researched U.S. efforts during World War II to develop language and interrogation capacities to deal with our Japanese enemy. He found that military leaders, often working with civilian counterparts, created and implemented successful strategies, building on cultural and linguistic skills that substantially aided the war effort for the U.S. and its Allies. Special Agent Shoemaker studied the experiences of three successful interrogators during the Vietnam War. Like Stone, Shoemaker highlights the importance of a deep understanding of the language, psychology, and culture of adversaries and potential allies in other countries. Major Dotti examined recent policy and practice with regard to tactical and field interrogations, especially with regard to the efforts of Special Forces soldiers in Iraq. He concludes that the "letter" of current doctrine contradicts its "intent." Major Dotti offers recommendations that he believes are both consistent with the intent of military doctrine and likely to increase the effectiveness of U.S. interrogation practices in the field"--P. v.
Download or read book Interrogation written by James A. Stone and published by DIANE Publishing. This book was released on 2010-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Interrogation of Japanese POWs in WW2: U.S. Response to a Formidable Challenge. Military leaders, often working with civilian counterparts, created and implemented successful strategies, building on cultural and linguistic skills that substantially aided the war effort for the U.S. and its Allies. (2) Unveiling Charlie: U.S. Interrogators¿ Creative Successes Against Insurgents. Highlights the importance of a deep understanding of the language, psychol., and culture of adversaries and potential allies in other countries. (3) The Accidental Interrogator: A Case Study and Review of U.S. Army Special Forces Interrogations in Iraq. Offers recommendations that are likely to increase the effectiveness of U.S. interrogation practices in the field. Illus.
Download or read book Constitutional Law written by Steven D. Jamar and published by Aspen Publishing. This book was released on 2017-02-28 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes.
Download or read book Targeted Killings and International Law written by Roland Otto and published by Springer Science & Business Media. This book was released on 2011-12-01 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.
Download or read book The Law of Armed Conflict written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2018-09-14 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Download or read book Routledge Handbook of the Law of Armed Conflict written by Rain Liivoja and published by Routledge. This book was released on 2016-04-28 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
