Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.

This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.

The US response to 9/11 was exceptional. The 'war on terror' challenged certain international norms as articulated in international law. This book focuses on four specific areas: US policy on the targeting, prosecution, detention, and interrogation of suspected terrorists.

Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.

In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.

Foreign policy success or failure is often attributed to the role of leadership. This volume explores the relationship between President George W. Bush's leadership, the administration's stated belief in the power of ideas (and the ideas of power) and its approach to the war on terror. Drawing on the international expertise of ten American foreign policy and security specialists, this incisive and timely book combines theoretical perspectives on political leadership with rigorous empirical analysis of selected aspects of the Bush administration's post 9/11 foreign policy. As a result, this book sheds considerable light not just on the limited impact of President Bush's war on terror strategy, but also, more importantly, on why key ideas underpinning the strategy, such as US global primacy and pre-emptive war, largely failed to gel in a globalizing world.

Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.

This book examines the ‘war on terror’ and radicalization from an ontological, non-state centric perspective. Since 9/11, criminology has developed in its study of terrorism, utilising alternative non-state centric frameworks to uncover and make visible state-initiated harm. Although progress has been achieved, criminology has continued to privilege the state, thereby failing to uncover forms of state crime and how such crimes facilitate radicalization and terrorism. Ahmed aims to rectify this gap by demonstrating how crimes of the state have contributed to the existence of Islamist-inspired terrorism and the emergence of global Jihadist organisations like Al-Qaeda and ISIS. The ‘War on Terror’ abandons the dominant socially-constructed discourse and application of the ‘war on terror’ and instead favours a grounded approach whereby actors, actions and consequences are analysed according to the risk they represent. Ahmed achieves this grounded approach through situating state practices in international human rights law and international humanitarian law. Through documenting the intersectionality of these practices with radicalization in the emergence of global Jihadist organisations, the book demonstrates how state crimes contribute to terrorism. Although the book sits at the intersections of critical criminology, state crime, international/transnational crime, it is relevant to all disciplines that are concerned with state crime, terrorism and radicalization.

Discussing the major theories of political leadership with a focus on contemporary challenges that political leaders face worldwide, this research companion provides a comprehensive and up-to-date resource for an international readership. The editors combine empirical and normative approaches to emphasize the centrality of political culture, as well as the limits of culture and the universal demands of innovative adaptation.

This volume contains several articles on the topic ‘Detention in non-international armed conflict’, including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.