The War on Terror: The Legal Dimension

The War on Terror: The Legal Dimension

by James P. Terry
The War on Terror: The Legal Dimension

The War on Terror: The Legal Dimension

by James P. Terry

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Overview

A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise.
This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.


Product Details

ISBN-13: 9781442222441
Publisher: Rowman & Littlefield Publishers, Inc.
Publication date: 05/30/2013
Sold by: Barnes & Noble
Format: eBook
Pages: 192
File size: 1 MB

About the Author

James P Terry, a retired Marine Corps colonel and combat veteran, holds a law degree, a master of laws degree, and the doctor of juridical science degree. Currently, he is Senior Fellow at the Center for National Security Law at the University of Virginia. He and his wife Dr Michelle Terry live in Annandale, Virginia.

Table of Contents

Preface
Foreword
I. The Threat of Terrorism in Perspective
II. Legal Requirements for Unconventional Warfare: The Operational
Context
III. State-Sponsored Terrorism: The International Political Context
IV. The Law of Self-Defense as Applied to the Terrorist Threat in Iraq
and Southwest Asia
V. The Development of Rules of Engagement and Their Application in
the Terrorist Environment
VI. Use of Force by the President: Defensive Uses Short of War
VII. Covert Action and the War on Terror
VIII. Access to Federal Courts for Enemy Combatants
IX. Torture and the Interrogation of Detainees
X. Federal Court or Military Commission: The Dilemma
XI. The International Criminal Court and the Trial of Terror-Related
Crimes
XII. High Seas Terror and the Elimination of Piracy
XIII. Outsourcing Defense Support Operations in the War on Terror
XIV. Stabilization Operations: Addressing Post-Conflict Unrest in Iraq
and Afghanistan
XV. Environmental Terrorism: From Oil Fires to Fouling Gulf Waters
XVI. Defense of Critical Computer Infrastructure from Terrorists:
Computer Network Defense (CND)
XVII. The Legality of Attack on Foreign Infrastructure Posing a Threat
to the U.S.: Computer Network Attack (CNA)
XVIII. War Powers in the Age on Terror: The 2011 Libya Operation
XIX. The War on Terror and Media Access
XX. Future Perspectives in Addressing Terror Violence
Appendix: Selected Bibliography and Sources
About the author






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