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Treatment of 'Battlefield Detainees' in the War on Terrorism

By Jennifer K. Elsea
  • ISBN Code: : 143792722X
  • Publisher : DIANE Publishing
  • Pages : 56
  • Category : Books
  • Reads : 900
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : treatment-of-battlefield-detainees-in-the-war-on-terrorism.pdf

Book Excerpt :

Contents: (1) Current Status (as of '07); Critics¿ Views; Applicable Law; (2) The Law of War: Characterizing the Conflict; Authority to Detain during an Internat. Armed Conflict; POWs; Civilian Detainees; Unlawful Belligerents; Interp. of GPW Article 4; GPW Art. 4A(1): Does Al Qaeda Form ¿Part of¿ the Armed Forces of a Party to the Conflict?; GPW Art. 4A(2): Does Al Qaeda ¿Belong to¿ a Party to the Conflict?; The Four Criteria; Determining Status under GPW Art. 5; Detention in Non-Internat. Armed Conflicts; (3) Treat. of Detainees at Guantánamo: Interrogation; Trial and Punishment; POWs; Civilians; Unlawful Belligerents; Security Measures; Repatriation; Right to Redress; (4) Congress¿s Role: Detainee Treatment Act of '05; Military Commissions Act of '06.

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Book Short Summary:

Read and download full book Road to Abu Ghraib: U.S. Army Detainee Doctrine and Experience

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According to conventional international relations theory, states or groups make war and, in doing so, kill and injure people that other states are charged with protecting. While it sees the perpetrators of violence as rational actors, it views those who are either protected or killed by this violence as mere bodies: ahistorical humans who breathe, suffer and die but have no particular political agency. In its rationalist variants, IR theory only sees bodies as inert objects. Constructivist theory argues that subjects are formed through social relations, but leaves the bodies of subjects outside of politics, as "brute facts." According to Wilcox, such limited thinking about bodies and violence is not just wrong, but also limits the capacity of IR to theorize the meaning of political violence. By contrast to rationalist and constructivist theory, feminist theory sees subjectivity and the body as inextricably linked. This book argues that IR needs to rethink its approach to bodies as having particular political meaning in their own right. For example, bodies both direct violent acts (violence in drone warfare, for example) and are constituted by practices that manage violence (for example, scrutiny of persons as bodies through biometric technologies and body scanners). The book also argues that violence is more than a strategic action of rational actors (as in rationalist theories) or a destructive violation of community laws and norms (as in liberal and constructivist theories). Because IR theorizes bodies as outside of politics, it cannot see how violence can be understood as a creative force for shaping the limits of how we understand ourselves as political subjects, as well as forming the boundaries of our political communities. By engaging with feminist theories of embodiment and violence, Bodies of Violence provides a more nuanced treatment of the nexus of bodies, subjects and violence than currently exists in the field of international relations.

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  • Pdf File: war-and-public-health.pdf

Book Short Summary:

The first comprehensive examination of the relationship between war and public health, this book documents the public health consequences of war and describes what health professionals can do to minimize these consequences and even help prevent war altogether. It explores the effects of war on health, human rights, and the environment. The health and environmental impact of both conventional weapons and weapons of mass destruction--nuclear, chemical, and biological weapons--is described in chapters that cover the consequences of their production, testing, maintenance, use, and disposal. Separate chapters cover especially vulnerable populations, such as women, children, and refugees. In-depth descriptions of specific military conflicts, including the Vietnam War, the Persian Gulf War, and wars in Central America provide striking illustrations of the issues covered in other chapters. A series of chapters explores the roles of health professionals and of organizations during war, and in preventing war and its consequences. This revised second edition includes seven new chapters, including one on landmines by the Nobel Prize-winning founding director of the International Campaign to Ban Landmines. A wide range of individuals, including physicians, nurses, and other health professionals, will find this book enlightening and useful in their work. The book will be valuable for faculty and students in schools of public health, medicine, nursing, and other health professions. In addition, it will be useful to those working in the fields of law, economics, international studies, peace and conflict resolution, military studies, diplomacy, and sociology, and in related disciplines.

Crimes Committed by Terrorist Groups

By Mark S. Hamm
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : DIANE Publishing
  • Book Code : 1437929591
  • Total of Pages : 245
  • Category : Books
  • Members : 296
  • Pdf File: crimes-committed.pdf

Book Short Summary:

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.

Civilian or Combatant?

By Anicee Van Engeland
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0199876754
  • Total of Pages : 192
  • Category : Political Science
  • Members : 820
  • Pdf File: civilian-or-combatant.pdf

Book Short Summary:

In Civilian or Combatant?: A Challenge for the 21st Century, Anic?e Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.

The Battle Behind the Wire

By Cheryl Benard,Cathryn Quantic Thurston,Edward O'Connell,Elvira N. Loredo,Andrés Villamizar
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Rand Corporation
  • Book Code : 0833051229
  • Total of Pages : 126
  • Category : POLITICAL SCIENCE
  • Members : 419
  • Pdf File: the-battle-behind-the-wire.pdf

Book Short Summary:

This report finds parallels in U.S. prisoner and detainee operations in World War II, Korea, Vietnam, and Iraq: underestimation of the number to be held, hasty scrambling for resources, and inadequate doctrine and policy. Later, attempts to educate and influence prisoners and detainees are often made. The authors recommend that detailed doctrine should be in place prior to detention and that detainees should be surveyed when first detained.

Avoidingtheterroristtrap:whyrespectforhumanrightsisthekeytodefeatingterrorism

By Parker Thomas David
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : World Scientific
  • Book Code : 1783266562
  • Total of Pages : 924
  • Category : Law
  • Members : 672
  • Pdf File: avoidingtheterroristtrap.pdf

Book Short Summary:

For more than 150 years, Nationalist, Populist, Marxist and Islamist terrorists have all been remarkably consistent and explicit about their aims: Provoke the State into over-reacting to the threat they pose, then take advantage of the divisions in society that result. Faced with a major terrorist threat, States seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Avoiding the Terrorist Trap addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law is the only truly effective approach to defeating terrorism.

Terrorism, the Laws of War, and the Constitution

By Peter Berkowitz
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Hoover Press
  • Book Code : 0817946233
  • Total of Pages : 196
  • Category : Political Science
  • Members : 576
  • Pdf File: terrorism-the-laws-of-war-and-the-constitution.pdf

Book Short Summary:

Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

Attacking Terrorism

By Audrey Kurth Cronin,James M. Ludes
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Georgetown University Press
  • Book Code : 9781589012448
  • Total of Pages : 328
  • Category : Political Science
  • Members : 803
  • Pdf File: attacking-terrorism.pdf

Book Short Summary:

The definition and understanding of "terrorism" is in a state of unprecedented evolution. No longer are acts of terrorism rare and far-flung. Following the horrendous attacks on the World Trade Center and the Pentagon, U.S. citizens have had their eyes opened to a new world where this nightmare stalks the daily news and is never far from consciousness. Attacking Terrorism brings together some of the world's finest experts, people who have made the study of this rising menace their life's work, to provide a comprehensive picture of the challenges and opportunities of the campaign against international terrorism. Part one, "The Nature of Terrorism," provides an overview and foundation for the current campaign, placing it within the political and historical context of previous threats and responses. Part two, "The Responses to Terrorism," looks at the range of policy instruments required in an effective strategy against terrorism. The contributors to this volume bring finely honed analyses and nuanced perspectives to the terrorist realities of the twenty-first century—history, analyses, and perspectives that have been too often oversimplified or myopic. They bring a new depth of understanding and myriad new dimensions to the crisis of terrorism. And they reach into aspects of counterterrorism that broaden our grasp on such important tools as diplomacy, intelligence and counterintelligence, psycho-political means, international law, criminal law enforcement, military force, foreign aid, and homeland security, showing not only how these tools are currently being employed but how often they are being underutilized as well. Attacking Terrorism demonstrates that there are no easy answers—and that the road toward victory will be long and arduous, frightening and dangerous—but as Audrey Kurth Cronin states in her introduction, "As the campaign against international terrorism unfolds, a crucial forward-looking process of strategic reassessment is under way in the United States, and this book is intended to be a part of it."

Counter-Terrorism

By Ana María Salinas de Frías,Katja Samuel,Nigel White
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Book Code : 019162781X
  • Total of Pages : 1232
  • Category : Law
  • Members : 286
  • Pdf File: counter-terrorism.pdf

Book Short Summary:

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.