Kittrie, Nicholas
September 2008
International Journal on World Peace;Sep2008, Vol. 25 Issue 3, p85
Academic Journal
The events of 9/11 perpetrated by Al Qaeda, a non-state actor, and the subsequent capture of "terrorists" by U.S. forces and detention in Guantanamo, raises questions about how international law should function in such cases. This article examines the military rationale of the international law of war and the challenges to it by human rights organizations and the U.S. justice system. Should suspected terrorists be treated as POWs or international war criminals? Granting prisoner of war privileges to suspected belligerents in detention has been resisted, particularly for its lack of reciprocity. Current developments in international law have failed to vigorously address this situation.


Related Articles

  • The Court Goes to War.  // National Review;8/7/2006, Vol. 58 Issue 14, p16 

    The article discusses the decision made by the U.S. Supreme Court which declared that detainees held in the Guantanamo Bay facility are protected under the Geneva Convention. The author argues that "terrorists" should not be protected under Common Article 3 as the Supreme Court states, and says...

  • Foreword. Oleskey, Stephen // New England Journal on Criminal & Civil Confinement;Winter2013, Vol. 39 Issue 1, p1 

    An introduction is presented in which the editor discusses various articles within the issue on topics including people abuse by the U.S. Government due to the September 11, 2001 terrorist attack, the U.S. interrogation policy, and War on Terror, a campaign against terrorism.

  • ONE MORE ACT FOR THE PATRIOT ACT. Halloran, Liz // U.S. News & World Report;1/23/2006, Vol. 140 Issue 3, p30 

    The article reports that the United States Congress is re-evaluating 16 of the provisions of the U.S.A. Patriot Act because of civil liberties concerns. Former Attorney General John Ashcroft was the law's author. There is a debate over whether the Patriot Act compromises civil liberties. The 16...

  • Terrorism, the Military, And the Courts. Wittes, Benjamin // Policy Review;Jun/Jul2007, Issue 143, p21 

    The author argues that federal courts in the U.S. should not subject interrogation tactics used by the U.S. military under judicial review for lack of existing remedy. He contends that while probing judicial review has a more substantial place in the war on terror, it has a far more limited one....

  • Strategic Lawyering: Realizing the Potential of Military Lawyers at the Strategic Level. Wheaton, Kelly D. // Army Lawyer;Sep2006, Issue 400, p1 

    The article discusses the role of strategic lawyering in the war on terrorism as an effective means of achieving strategic objectives. Strategic lawyering is defined as use of the law as a part of larger strategy aimed at achieving national and multinational security objectives. The author says...

  • Embracing the Other: A Christian response to counterterrorism legislation in Australia. Macallan, Brian // Pacifica;Feb2015, Vol. 28 Issue 1, p40 

    This article explores the impact of Australia’s counterterrorism legislation and its resulting influence on Muslim communities in Australia. It does this by exploring Australia’s participation in the war on terrorism and how the government and society have responded. It then seeks...

  • ‘Iron Fists in Iron Gloves’: The Political Economy of US Terrorocracy Promotion in Colombia. Stokes, Doug // British Journal of Politics & International Relations;Aug2006, Vol. 8 Issue 3, p368 

    Most analysts of US post-cold war policy in Colombia argue that the US has switched from targeting Communist guerrillas to a war on drugs and a new war on terror. Contrary to these claims this article shows that the US continues to back Colombian counter-insurgency efforts which essentially...

  • The "Enemy Combatant" Fraud. Horton, Scott // Peace & Conflict Monitor;Jul2007, p1 

    The article reports on the legal elements of the U.S. War on Terror and the detaining of enemy combatant status. The challenges faced concerning prisoner status and its legal repercussions are overviewed. The formation and misuse of the Combat Status Review Tribunal is described in detail. The...

  • THE BOUMEDIENE ILLUSION: THE UNSETTLED ROLE OF HABEAS CORPUS ABROAD IN THE WAR ON TERROR. Firestone, Ryan // Temple Law Review;Winter2012, Vol. 84 Issue 2, p555 

    The article discusses the role of the U.S. habeas corpus legal doctrine in cases on foreign soil involving America's war on terror as of January 2012, focusing on the U.S. Supreme Court's ruling in the case Boumediene v. Bush which deals with the legal rights of suspected terrorists being held...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics