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Three days after September 11, 2001, Congress passed an unprecedented authorization of the use of military force (AUMF 2001) that remains in force today. As the theatre of operation against terrorism changes, the applicability and legality of the AUMF 2001 is under increasing scrutiny - giving way to academic discussion over its current status.
The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
In response to the terrorist attacks against the United States on September 11, 2001, the Congress passed legislation, Senate Joint Resolution 23, on September 14, 2001, authorizing the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons ..." The President signed this legislation into law on September 18, 2001 (P.L. 107-40, 115 Stat. 224 (2001)). This report provides a legislative history of this statute, the "Authorization for Use of Military Force" (AUMF), which, as Congress stated in its text, constitutes the legislative authorization for the use of U.S. military force contemplated by the War Powers Resolution. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act (FISA) of 1978, as amended. This report will only be updated if events warrant.
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
Since the United States embarked on a strategy to counter the Islamic State (also known as ISIL or ISIS) in 2014, some Members of Congress have raised concerns about the President's underlying authority to engage in anti-IS military operations. In the 114th Congress, both houses of Congress took steps to revisit the possibility of considering legislation to provide authority for the use of military force (AUMF) against the Islamic State. Interest has continued into the first session of the 115th Congress and with the start of the Trump Administration. In 2014, the armed offensive of the Islamic State in northern and western Iraq and northeastern Syria raised significant concerns for the United States. After first ordering multiple deployments of U.S. troops to Iraq to provide security to diplomatic personnel and facilities, advise Iraqi security forces, and conduct intelligence gathering and reconnaissance, President Obama began ordering U.S. military airstrikes on IS forces in Iraq in August 2014. Later in September, after laying out plans for expanded use of military force against the Islamic State in a televised speech to the American people, the President ordered U.S. military airstrikes in Syria against both IS forces and forces of the 'KhorasanGroup' identified by the President as part of Al Qaeda. In 2015, the President ordered new deployments to Iraq, and the Administration announced deployment of a small number of special operations forces to Syria to conduct military operations that involve advising regional partner armed forces but also can include 'unilateral' U.S. operations. In 2016, both U.S. military operations and deployments of U.S. Armed Forces increased to continue the campaign against the Islamic State. As military action against the Islamic State has evolved and increased, many observers, including a number of Members of Congress, have raised numerous questions and concerns about the President's authority to use military force against the Islamic State. Some efforts began near the end of the 113th Congress to consider enactment of a new authorization for use of military force targeting the Islamic State, and have continued into the 114th Congress; the issue, however, remains contentious. The President provided Congress a new authorization proposal in February 2015, and in his 2016 State of the Union address again called on Congress to enact a new authorization for use of military force (AUMF) targeting the Islamic State. The Obama Administration's official position on presidential authority to use force against the Islamic State, however, has remained consistent, relying on the previous 2001 AUMF against those who perpetrated the September 11, 2001, terror attacks (and, to a lesser extent, the 2002 AUMF against the Saddam Hussein regime in Iraq). This report focuses on the several proposals for a new AUMF specifically targeting the Islamic State made during the 113th and 114th Congresses as well as those made thus far in the 115th Congress. It includes a brief review of existing authorities and AUMFs, as well as a discussion of issues related to various provisions included in existing and proposed AUMFs that both authorize and limit presidential use of military force. Appendices provide a comparative analysis of similar provisions in the numerous AUMFs proposed in the 113th and 114th Congresses.
“This is at the top of my list for best books on terrorism.” –Jessica Stern, author of Terror in the Name of God: Why Religious Militants Kill How can the most powerful country in the world feel so threatened by an enemy infinitely weaker than we are? How can loving parents and otherwise responsible citizens join terrorist movements? How can anyone possibly believe that the cause of Islam can be advanced by murdering passengers on a bus or an airplane? In this important new book, groundbreaking scholar Louise Richardson answers these questions and more, providing an indispensable guide to the greatest challenge of our age. After defining–once and for all–what terrorism is, Richardson explores its origins, its goals, what’s to come, and what is to be done about it. Having grown up in rural Ireland and watched her friends join the Irish Republican Army, Richardson knows from firsthand experience how terrorism can both unite and destroy a community. As a professor at Harvard, she has devoted her career to explaining terrorist movements throughout history and around the globe. From the biblical Zealots to the medieval Islamic Assassins to the anarchists who infiltrated the cities of Europe and North America at the turn of the last century, terrorists have struck at enemies far more powerful than themselves with targeted acts of violence. Yet Richardson understands that terrorists are neither insane nor immoral. Rather, they are rational political actors who often deploy carefully calibrated tactics in a measured and reasoned way. What is more, they invariably go to great lengths to justify their actions to themselves, their followers, and, often, the world. Richardson shows that the nature of terrorism did not change after the attacks of September 11, 2001; what changed was our response. She argues that the Bush administration’s “global war on terror” was doomed to fail because of an ignorance of history, a refusal to learn from the experience of other governments, and a fundamental misconception about how and why terrorists act. As an alternative, Richardson offers a feasible strategy for containing the terrorist threat and cutting off its grassroots support. The most comprehensive and intellectually rigorous account of terrorism yet, What Terrorists Want is a daring intellectual tour de force that allows us, at last, to reckon fully with this major threat to today’s global order. KIRKUS- starred review "The short answer? Fame and payback, perhaps even a thrill. The long answer? Read this essential, important primer. Terrorist groups have many motives and ideologies, notes Richardson (Executive Dean/Radcliffe Institute for Advanced Study), but they tend to similar paths: They are founded by mature, well-educated men but staffed by less learned and certainly more pliable youths; they are fueled by a sense of injustice and the conviction that only they are morally equipped to combat it; they see themselves as defenders and not aggressors; they often define the terms of battle. And, of course, this commonality: "Terrorists have elevated practices that are normally seen as the excesses of warfare to routine practice, striking noncombatants not as an unintended side effect but as a deliberate strategy." Thus massacres, suicide bombings and assassinations are all in a day's work. Richardson argues against Karl Rove, who after 9/11 mocked those who tried to understand the enemy, by noting that only when authorities make efforts to get inside the minds of their terrorist enemies do they succeed in defeating them, as with the leadership of the Shining Path movement in Peru. Still, as Rove knows, if terrorists share a pathology, then so do at least some of their victims: Once attacked, people in democratic societies are more than willing to trade freedom for security. Richardson closes by offering a set of guidelines for combating terrorism, with such easily remembered rules as "Live by your principles" and "Engage others in countering terrorists with you"–observing, in passing, that the Bush administration's attack on Iraq and subsequent occupation will likely be remembered as serving as a recruiting poster for still more terrorists. How to win? Develop communities, settle grievances, exercise patience and intelligence. That said, watch for more terrorism to come: "We are going to have to learn to live with it and to accept it as a price of living in a complex world." _________________________________________________________________________________ “Louise Richardson . . . has now produced the overdue and essential primer on terrorism and how to tackle it. What Terrorists Want is the book many have been waiting for.”—The New York Times Book Review (Editor’s Choice) “Lucid and powerful, Richardson’s book refutes the dangerous idea that there’s no point in trying to understand terrorists. . . . rich, readable.”—Los Angeles Times Book Review “The kind of brisk and accessible survey of terrorism-as-modus operandi that has been sorely missing for the past five years . . . [What Terrorists Want] ought to be required reading as the rhetoric mounts this campaign season.”—The American Prospect “Richardson is one of the relative handful of experts who have been studying the history and practice of terrorism since the Cold War. . . . This book is a welcome source of information. It’s written by a true expert, giving her measured thoughts.”—Christian Science Monitor “Richardson’s clear language and deep humanity make What Terrorists Want the one book that must be read by everyone who cares about why people resort to the tactic of terrorism.”–Desmond M. Tutu, Archbishop Emeritus “This is a book of hope. Terrorism, like the poor, will always be with us in one form or another. But given sensible policies, we can contain it without destroying what we hold dear.”–Financial Times “A passionate, incisive, and groundbreaking argument that provocatively overturns the myths surrounding terrorism.”–Mary Robinson, former president of Ireland and former UN High Commissioner for Human Rights “In its lucid analysis and summary, [What Terrorists Want] is simply the best thing of its kind available now in this highly crowded area.”–The Evening Standard “If a reader has the time to read only one book on terrorism, What Terrorists Want is that book. Extensive historical knowledge, personal contacts, enormous analytic skills, common sense, and a fine mix of lucidity and clarity, make of this work a most satisfying dissection of terrorists’ motives and goals, and of the effects of September 11, 2001. Richardson also offers a sharp critique of American counterterrorism policies, and a sensible plan for better ones.”–Stanley Hoffmann, Buttenwieser University Professor, Harvard University “An astonishingly insightful analysis by one of the world’s leading authorities on terrorism, this book is filled with wisdom–based not only on the author’s extensive and long-term study of terrorism but also on her experience growing up in a divided Ireland.”–Jessica Stern, author of Terror in the Name of God: Why Religious Militants Kill “A wide-ranging, clear headed, crisply written, cogently argued anatomy of terrorist groups around the world.”–Peter Bergen, senior fellow, New America Foundation, and author of The Osama bin Laden I Know: An Oral History of al Qaeda’s Leader “Among the numerous books published on terrorism after the 9/11 attacks, Louise Richardson’s stands out as an unusually wise, sensible, and humane treatise. An engrossing and lucid book, which hopefully will be read by many and spread its unique spirit of realistic optimism.” –Ariel Merari, Professor of Psychology, Tel Aviv University “Thoughtful and stimulating . . . Controversially, and indeed courageously, [Richardson] argues that, instead of regarding the terrorists–even al-Qaeda types–as mindless and irrational creatures motivated by dark forces of evil, it would be more constructive to examine and seek to moderate some of the grievances that drive previously normal and even nondescript characters to kill and maim innocent people they don’t even know.”–The Irish Times “A textbook and a myth-buster . . . [Richardson] is calling for nothing less than a total re-evaluation of how we consider, and react to, terrorism. . . . What Terrorists Want ought to be on the bookshelf in every government office. Certainly, for any student of international affairs it is an essential reading.” –The Atlantic Affairs
"The armed offensive of the Islamic State (IS, also known as ISIL or ISIS) in northern and western Iraq and northeastern Syria has raised significant concerns for the United States. After first ordering multiple deployments of U.S. troops to Iraq to provide security to diplomatic personnel and facilities, advise Iraqi security forces, and conduct intelligence gathering and reconnaissance, President Obama began ordering U.S. military airstrikes on IS forces in Iraq in August 2014. Later in September, after laying out plans for expanded use of military force against the Islamic State in a televised speech to the American people, the President ordered U.S. military airstrikes in Syria against both IS forces and forces of the 'Khorasan Group' identified by the President as part of Al Qaeda. The President in his August 2014 notifications to Congress of deployments and airstrikes in Iraq indicated his powers as Commander in Chief and Chief Executive under Article II of the Constitution gave him authority to undertake such action. Obama Administration officials and the President's September 2014 notifications to Congress for airstrikes and other actions in Iraq and Syria, however, have stated that two enacted authorizations for use of military force (AUMFs), the Authorization for Use of Military Force (2001 AUMF; P.L. 107-40), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (2002 AUMF; P.L. 107-243), provide authorization for certain U.S. military strikes against the Islamic State. Although the Obama Administration has claimed 2001 AUMF and 2002 AUMF authority for its recent and future actions against the Islamic State, it might be argued that these authorizations do not apply, and that these actions also fall outside the President's Article II powers. Concerned with Congress's constitutional role in the exercise of the war power, perceived presidential overreach in that area of constitutional powers, and the President's expansion of the use of military force in Iraq and Syria, several Members of Congress have expressed the view that continued use of military force against the Islamic State requires congressional authorization. Members differ on whether such authorization is needed, given existing authorities, or whether such a measure should be enacted"--Supplied by cataloger.
Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.