Cases and Materials on Terrorism Law

Cases and Materials on Terrorism Law

by Jeffrey F. Addicott



Product Details

ISBN-13: 9781933264110
Publisher: Lawyers & Judges Publishing Company
Publication date: 12/01/2005
Edition description: 3RD
Pages: 444
Product dimensions: 8.40(w) x 11.00(h) x 1.40(d)

About the Author

Jeffrey F. Addicott is currently the Associate Dean for Administration (2006-2007) at St. Mary's University School of Law and the Director of the Center for Terrorism Law at St. Mary's University School of Law (, San Antonio, Texas, where he teaches a variety of courses to include Terrorism Law. An active duty Army officer in the Judge Advocate General's Corps for twenty years (he retired in 2000 at the rank of Lieutenant Colonel), Professor Addicott spent a quarter of his career as a senior legal advisor to the United States Army's Special Forces. An internationally recognized authority in terrorism law, Professor Addicott not only lectures and participates in professional and academic organizations both in the United States and abroad, he is a frequent contributor to national and international news shows to include FOX News Channel and MSNBC. Professor Addicott is a prolific author, publishing over 20 books, articles and monographs on a variety of legal topics. Among his many contributions to the field, Professor Addicott pioneered the teaching of law of war and human rights courses to the militaries of numerous nascent democracies in Eastern Europe and Latin America. For these efforts he was awarded the Legion of Merit, named the 1993 Army Judge Advocate of the year and honored as a co-recipient of the American Bar Association's Hodson award. He has served in senior legal positions in Germany, Korea, Panama and throughout the United States. Professor Addicott holds a Doctor of Juridical Science (SJD) and Master of Laws (LLM) from the University of Virginia School of Law. He also received a Master of Laws (LLM) from the Judge Advocate General's School, a JurisDoctor (JD) from the University of Alabama School of Law and a bachelor of arts with honors in government (BA) from the University of Maryland.

Table of Contents

Table of Cases ix
Acknowledgments xi
Introduction xiii

Chapter 1: What Is Terrorism? 1
1.1 Defining Terrorism 1
1.2 The Goal of Terrorism 4
1.3 Terrorism and Weapons of Mass Destruction 5
1.4 State-sponsored and State-supported Terrorism 5
1.5 The Diplomatic Bag 6
1.6 Sub-State Terrorism 8
1.7 Individual Terrorism 9
1.8 Al-Qa'eda-Styled Terrorism 10
Endnotes 11

Chapter 2: The War on Terror 15
2.1 September 11, 2001 16
2.2 An Act of War 17
2.3 The Rule of Law-Use of Force 19
2.4 NATO 24
2.5 Congressional War-Making Power 24
2.6 Article III Courts 26
2.7 The Employment of Lawful Violence 27
Endnotes 28

Chapter 3: Expanding the War on Terror 31
3.1 The Bush Doctrine 32
3.2 Why They Hate 38
3.3 Weapons of Mass Murder 41
3.4 The Bush Doctrine and the Rule of Law 43
3.5 Power versus Words-The Rule of Law 46
Endnotes 50

Chapter 4: Civil Liberties and the War on Terror 53
4.1 Past Efforts to Address Terrorism 54
4.2 Detainee Status 55
4.3 Military Commissions 83
4.4 Federal Courts 106
4.5 Investigating Terrorist Suspects 134
4.6 Use of the Military in Domestic Law Enforcement 136
4.7 Immigration 138
4.8 New Information-Gathering Technologies 140
4.9 Assassination 141
4.10 Increased Security Measures in Public Places 152
4.11 The Constitution and the War on Terror 155
Endnotes 157

Chapter 5: Necessity and Rationale for the Law of War-Lessonsfrom My Lai 165
5.1 The Law of War 167
5.2 Voices from the Past-My Lai 169
5.3 Facts of My Lai 170
5.4 My Lai Comes to Light 172
5.5 Impact of My Lai 172
5.6 Why Did My Lai Happen?173
5.7 Leadership 176
5.8 Lack of a Grand Strategy on the Part of the United States 179
5.9 Lessons of My Lai 181
5.10 Lesson One-Rationale for the Law of War 181
5.11 Lesson Two-Soldiers Must Be Trained in the Law of War 184
5.12 Lesson Three-Preventing Violations of the Law of War in the War on Terror 185
Endnotes 187

Chapter 6: Interrogation Techniques 193
6.1 Defining Torture 194
6.2 International Agreements 195
6.3 United States Domestic Law 212
6.4 Allegations of United States Sanctioned Torture 217
6.5 What Exactly Do American Interrogators Do? 221
6.6 What Can United States Interrogators Do? 226
6.7 The Ticking Time Bomb Scenario 241
6.8 Abu Ghraib and the Search for the Smoking Gun 246
Endnotes 252

Chapter 7: Contractors on the Battlefield 259
7.1 History and Status of Contractors 260
7.2 Force Protection 263
7.3 AT Training 266
7.4 Parent Contractor Company Liability Issues 269
7.5 Personnel Recovery 276
7.6 Conclusion 279
Endnotes 280

Chapter 8: Cyberterrorism 285
8.1 The Threat of Cyberterrorism 286
8.2 Protecting the Cyber World 288
8.3 The PATRIOT Act 290
8.4 Conclusion 292
Endnotes 293

Chapter 9: A New Paradigm for War and Terrorism Avoidance 295
9.1 The Causes of Aggression and Terrorism 296
9.2 The New Paradigm for War and Terrorism Avoidance 298
9.3 Defining Democratic Values and Democracy 300
9.4 Origins of Human Rights 303
9.5 The Corpus of Human Rights Law 307
9.6 United Nations Efforts to Promote Human Rights 308
9.7 Non-Governmental Organizations Devoted to Human Rights 312
9.8 Regional Organizations to Promote Human Rights 313
9.9 Traditional Efforts of the United States in Promoting Human Rights 314
9.10 New Challenges and New Thinking 319
Endnotes 320

Chapter 10: Leading the Way-Pax American or the Rule of Law? 323
10.1 Collective Security 323
10.2 Peace, Freedom and Appeasement-Lessons from the Gulf War of 1991 324
10.3 Stay with the Rule of Law 328
Endnotes 333

Chapter 11: The Role of the Military and Army Special Forces in Promoting Human Rights 337
11.1 The United States Global Strategic View 338
11.2 New Non-Traditional Roles-Human Rights as a Force Multiplier 339
11.3 The Role of Special Forces 342
Endnotes 346

Chapter 12: America Must Stay the Course 347
Endnotes 352

Appendix A: Selected Provisions of the Charter of the United Nations 353
Appendix B: Selected Provisions of the National Security Strategy of the United States of America 367
Appendix C: War Powers Resolution 377
Appendix D: United Nations Security Council Resolution 1441 (2002) 383
Appendix E: United Nations Security Council Resolution 1483 (2003) 389
Appendix F: United Nations Security Council Resolution 1546 (2004) 397
Appendix G: The United States Constitution (Selected Provisions) 405
Appendix H: Universal Declaration of Human Rights 409
Appendix I: International Covenant on Civil and Political Rights 415
Appendix J: President's Letter to Congress on American Response to Terrorism 427
Appendix K: Treaty Providing for the Renunciation of War as an Instrument of National Policy (Kellogg-Briand Pact) 429

About the Author 433
Index 435

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