Regulating Covert Action: Practices, Contexts, and Policies of Covert Coercion Abroad in International and American Law

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Yale University Press, 1992 - Law - 250 pages
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Covert activity has always been a significant element of international politics. When it has served their interests, governments have secretly disseminated propaganda in other countries, manipulated foreign economies, and abetted coups against their adversaries. What are the circumstances, if any, in which it is lawful, under international law or United States law, to resort to covert action either directly or through local proxies? When is it right to do so? This book is the first to assess the lawfulness of covert action under international law. It includes as well a chapter on United States law and a candid discussion of the implications for democratic states that covert operations pose. W. Michael Reisman and James E. Baker identify different types of covert actions, discussing a variety of cases that include the Trujillo assassination in 1961, the Rainbow Warrior in 1985, and the raid on Libya in 1986. After explaining the complex operations of the international legal system, they explore trends in decision making and the conditions that accounted for them--whether the covert operations were proactive, defensive, or reactive. They examine in detail the procedures followed in the United States to authorize and oversee covert activity and propose guidelines for political leaders who may contemplate using covert techniques. An appendix reviews twenty years of allegations of covert aggression brought to the attention of the United Nations Security Council.
  

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Contents

Prescription
17
International Legal Regulation of Reactions to Covert Activity
78
United States Internal Procedures
116
Projections and Some Modest
136
Copyright

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About the author (1992)

W. Michael Reisman is Myres S. McDougal Professor of International Law at the Yale Law School, Connecticut.

Judge James Baker was appointed to the United States Court of Appeals for the Armed Forces in 2000. The Court is composed of five civilian judges and appointed for 15 year terms by the President with the advice and consent of the Senate. The Court has appellate jurisdiction over cases arising under the Uniform Code of Military Justice. Decisions of the Court are subject to review by the United States Supreme Court. Judge Baker previously served as Special Assistant to the President and Legal Adviser to the National Security Council, where he advised the President, the National Security Adviser, and the NSC staff on U.S. and international law involving national security, including the use of force, terrorism, arms control, and human rights. Judge Baker also served as Deputy Legal Adviser to the National Security Council and as Counsel to the President's Foreign Intelligence Advisory Board and Intelligence Oversight Board. As an attorney adviser in the Office of the Legal Advisor, Department of State, he provided advice on law enforcement, intelligence, and counter-terrorism ad served as legal adviser to U.S. delegations to various environmental negotiations. Judge Baker served as a legislative aide and acting Chief of Staff to Senator Daniel Moynihan. Judge Baker is the co-author of Regulating Covert Action, as well as numerous articles on national security and criminal law. After graduating from college, Judge Baker received a Reserve commission as a Second Lieutenant in the Marine Corps. He then earned a regular commission at The Basic School before joining the Fleet Marine Corps. Judge Baker is the recipient of the 1999 Colonel Nelson Drew Memorial Award, the NSC's highest honor. He is also the recipient of the Director of Central Intelligence's 'Director's Award'. Judge Baker graduated cum laude from Yale and then from Yale Law School. He teaches national security law at the University of Iowa College of Law and Georgetown University Law Center.

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