Rethinking the Law of Armed Conflict in an Age of Terrorism

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Christopher A. Ford, Amichai Cohen
Lexington Books, 2012 - Law - 325 pages
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Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."
 

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Contents

Chapter 01 The Law That Turned Against Its Drafters
1
Chapter 02 The Strange Pretensions of Contemporary Humanitarian Law
41
Chapter 03 Targeted Killing
71
Chapter 04 Guarding the Guards in the War on Terrorism
99
Chapter 05 The Foreign Intelligence Surveillance Puzzle
133
Chapter 06 TerrorismRelated Adjudication
167
Chapter 07 Necessity Proportionality and Distinction in Nontraditional Confl icts
195
Chapter 08 Confronting Terrorism
215
Chapter 09 Living in the New Normal
229
Chapter 10 Some Conclusions and Thoughts for the Future
305
Index
315
About the Authors
323
Copyright

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About the author (2012)

Christopher Ford is senior fellow and Director of the Center for Technology and Global Security at the Hudson Institute in Washington, D.C. Amichai Cohen is senior lecturer with the Faculty of Law at Ono Academic College in Israel.
Contributors: Amichai Cohen; Steven David; Christopher Ford; Jeremy Rabkin; Juan Carlos Gómez Ramirez; Elizabeth Samson; Yuval Shany; John H. Shenefield; Ariel Zemach

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