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The book presents a timely assessment of both the human rights costs of the 'War on Terror' and the methods used to wage and relentlessly continue that War.
This book reviews the war on terror since 9/11 from a human rights perspective.
This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.
This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. A decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, even though these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.
The US response to 9/11 was exceptional. The 'war on terror' challenged certain international norms as articulated in international law. This book focuses on four specific areas: US policy on the targeting, prosecution, detention, and interrogation of suspected terrorists.
How has 9/11 and George W. Bush's self-declared "war" on terror changed American government and US foreign policy? This is the central question addressed in the nine original essays in this book. Following an introduction by the editors, in which they survey issues and debates raised by America's "War" on Terrorism and its consequences for US government and politics, foreign policy, and for American foreign relations, the contributions to this volume--from British and American scholars--explain the implications of the post-9/11 mobilization and reconfiguration of US foreign and internal security policies. Issues addressed in the book include: the growth of presidential power, executive branch reconfiguration and the managerial presidency, the Bush doctrine of pre-emption, the changing role of the US in the international order, the impact of the "war" on terrorism on the US military, intelligence failure and the changed role of US intelligence, renewed tension in US-European relations, and Bush's alliance with Tony Blair's government in the United Kingdom. Taken together, the essays represent an original and timely assessment of the domestic and international repercussions of George W. Bush's responses to the terrorist attacks September 11, 2001.
The acts of lawlessness committed on September 11, 2001 were followed by a 'war on terror'. This book sets out the essential features of the international legal framework against which the '9/11' attacks and the lawfulness of measures taken in response thereto fall to be assessed. It addresses, in an accessible manner, relevant law in relation to: 'terrorism', questions as to 'responsibility' for it, the criminal law framework, lawful constraints on the use of force, the humanitarian law that governs in armed conflict, and international human rights law. It indicates the existence of a legal framework capable of addressing events such as '9/11' and governing responses thereto. The author examines the compatibility of the 'war on terror' with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law.
A New York Times Critics’ Top Book of 2021 "An impressive combination of diligence and verve, deploying Ackerman’s deep stores of knowledge as a national security journalist to full effect. The result is a narrative of the last 20 years that is upsetting, discerning and brilliantly argued." —The New York Times "One of the most illuminating books to come out of the Trump era." —New York Magazine An examination of the profound impact that the War on Terror had in pushing American politics and society in an authoritarian direction For an entire generation, at home and abroad, the United States has waged an endless conflict known as the War on Terror. In addition to multiple ground wars, the era pioneered drone strikes and industrial-scale digital surveillance; weakened the rule of law through indefinite detentions; sanctioned torture; and manipulated the truth about it all. These conflicts have yielded neither peace nor victory, but they have transformed America. What began as the persecution of Muslims and immigrants has become a normalized feature of American politics and national security, expanding the possibilities for applying similar or worse measures against other targets at home, as the summer of 2020 showed. A politically divided and economically destabilized country turned the War on Terror into a cultural—and then a tribal—struggle. It began on the ideological frontiers of the Republican Party before expanding to conquer the GOP, often with the acquiescence of the Democratic Party. Today’s nativist resurgence walked through a door opened by the 9/11 era. And that door remains open. Reign of Terror shows how these developments created an opportunity for American authoritarianism and gave rise to Donald Trump. It shows that Barack Obama squandered an opportunity to dismantle the War on Terror after killing Osama bin Laden. By the end of his tenure, the war had metastasized into a bitter, broader cultural struggle in search of a demagogue like Trump to lead it. Reign of Terror is a pathbreaking and definitive union of journalism and intellectual history with the power to transform how America understands its national security policies and their catastrophic impact on civic life.
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of