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U.S. counterterrorism operations rely on authorizations established in 2001 and 2002. This report surveys the debate over the requirements for a new congressional authorization for the use of military force against terrorist groups and examines the current terrorist challenge, the purposes and key elements of such legislation, and options for Congress.
Although military power is only one component of the portfolio of instruments that can be brought to bear in the fight against terrorist groups, military capabilities play unique and crucial roles in the overall strategy. These capabilities will call for a mix of forces somewhat different from those fielded today as well as new concepts and technologies. Equally challenging will be the tasks of training/advising friendly forces and protecting forces and interests around the world.
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.
U.S. counterterrorism operations rely on authorizations established in 2001 and 2002. This report surveys the debate over the requirements for a new congressional authorization for the use of military force against terrorist groups and examines the current terrorist challenge, the purposes and key elements of such legislation, and options for Congress.
The dual mission of the USAF Institute for National Security Studies is to promote national security research for the Department of Defense within the military academic community and to support the Air Force national security education program. INSS coordinates and focuses outside thinking in various disciplines and across services to develop new ideas for USAF and DOD policy making. Located within the staff of the Dean of the Faculty at the USAF Academy in Colorado Springs, INSS is an independent research center supported by various DOD organizations. In addition to the USAF Academy Dean, the primary INSS sponsor is the National Security Policy Division, Nuclear and Counterproliferation Directorate, Headquarters US Air Force (AF/XONP). The Institute helps to develop research topics, select researchers, administer sponsored research, and host conferences and workshops that facilitate the dissemination of information to a wide range of private and government organizations. Its research centers on arms control, proliferation, regional security, environmental security, information operations, Air Force policy, and space policy.
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
By early 2009, a growing number of Members of Congress, Admin. officials, and outside experts had concluded that the war in Afghanistan required greater national attention Since 2001, the character of the war in Afghanistan has evolved from a violent struggle against al Qaeda and its Taliban supporters to a multi-faceted counterinsurgency effort. In the aftermath of the terrorist attacks of 9/11, the U.S. launched Operation Enduring Freedom in order to end the ability of the Taliban regime to provide safe haven to al Qaeda and to put a stop to al Qaeda¿s use of the territory of Afghanistan as a base of operations for terrorist activities. This report provides analysis of current developments and future options concerning the war in Afghanistan. Map.
Examines international terrorist actions, threats, U.S. policies and responses as of 2007. Contents: (1) The War on Terrorism; (2) The Threat of Terrorism; (3) Trends in Terrorism; (4) U.S. Policy Response; (5) U.S. Policy Tools to Combat Internat. Terrorism: Diplomacy/Constructive Engagement; Public Diplomacy; Econ. Sanctions; Econ. Inducements; Covert Action; Extradition/Law Enforcement Cooperation; Rewards for Info. Program; Military Force; International Conventions; Other Potential Policy Tools; An Internat. Court for Terrorism; Media Self-Restraint; (6) Policy Reform and the 9/11 Comm. Recommend.; (7) U.S. Interagency Coordination Framework and Selected Programs; (8) Program Enhancement Issues and Options: Allocation of Resources.