Recently in 9/11 Category

Combatant Immunity and the Death of Anwar al-Awlaqi
October 17, 2011
JURIST Guest Columnist Morris Davis of Howard University School of Law says the recent killing of Anwar al-Awlaqi highlights the fact that the CIA drone program violates the law of war because it is a civilian institution, lacking combatant immunity...I have been critical of President Barack Obama's embrace and expansion of the national security policies he inherited from President George W. Bush and it is deeply disappointing that he seems to have forgotten the shortcomings he condemned during the campaign and in his first few months in office. JURIST Contributing Editor Jeffrey Addicott was correct when he argued in a recent article, Anwar al-Awlaqi and the Law of War, that President Obama has shown "a failure in leadership" that "does....  [more]

Anwar al-Awlaqi and the Law of War
October 10, 2011
JURIST Contributing Editor Jeffrey Addicott of St. Mary's University School of Law says that despite the confusion as to whether US criminal law or the law of war should apply, the killing of Anwar al-Awlaqi was legal under the law of war, which must govern in this instance...The confusion associated with the legality of the recent killing of Anwar al-Awlaqi, al-Qaeda cleric and leader, by CIA drone strike in Yemen reflects very poorly on the US government. It is not because the killing was illegal as some have alleged, it is precisely the opposite. The killing was perfectly legal, and yet due to the inability of the Commander-in-Chief to articulate this fact, many in the US and around the globe....  [more]

International Law and the American Project Since 9/11
September 11, 2011
JURIST Contributing Editor Benjamin Davis of the University of Toledo College of Law says that despite the plethora of legal and cultural changes that have occurred in the US since September 11, 2001, international law remains the same as it was a decade ago, and that the changes which have occurred in the US have moved it further from international law and its own founding principles...Everything must change so that everything can stay the same." - Il Gattopardo, Giuseppe Tomasi di Lampedusa. As the events of September 11, 2001, were happening, I was teaching an Alternative Dispute Resolution class at Texas Wesleyan Law School. Among the points of discussion for that day's negotiation readings was the question of how to....  [more]

A Decade Later: An Assessment of US Policy Since 9/11
September 11, 2011
JURIST Guest Columnist Leonard Cutler of Siena College says that President Obama did not keep his promise to make the country's counterterrorism policy more consistent with constitutional principles and international law, and that it remains to be seen whether his approach to counterterrorism can avoid the serious political damage manifested by his predecessor...After al-Qaeda's unprecedented acts against the US on September 11, 2001, President George W. Bush indicated that the country was facing a different type of enemy in the twenty-first century. The nameless, faceless and borderless enemy was terrorism and for the first time the front was in America. The attack on the World Trade Center, the symbol of global finance and capitalism, and the Pentagon, the heart of....  [more]

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