Counter-terrorism Strategies and International Law
The campaign by numerous states and international organizations against Al Qaeda and other nonstate terrorist actors raises critical questions for international law. Terrorism and the response to it have challenged traditional distinctions in international law, including those between armed conflict and law enforcement, civilians and combatants, military and civilian justice, and torture and legitimate intelligence gathering. They also force us to address difficult issues regarding the relevance of international law to governmental decisionmaking. This seminar will examine a variety of issues associated with the “war on terrorism,” including the legitimacy of military force, treatment of detainees, prosecution of terrorists in different fora, renditions of suspects outside normal law enforcement channels, and methods to stop financing of terrorism. In the process we will examine areas of the law of armed conflict, human rights law, the law of international organizations, and international criminal law. Prerequisite: Transnational Law or comparable introduction to international law.