Legal Responses to Terrorism, 2nd Edition

The Second Edition of this book deals with many developments occasioned by the so-called "war on terror" of the last few years. It provides the bases for using the legal tools available for combating terrorism (prosecution, intelligence, and military action) while addressing the limits that ought to be applied to each of those within the framework of the rule of law. This edition necessarily deals with unauthorized surveillance, the torture controversy, targeted killings, and military detentions. To advance the rule of law while promoting security of the populace, the book addresses these areas:

–Investigation, apprehension, and prosecution of alleged terrorism incidents, extraterritorial enforcement of U.S. law, and prosecution of material support for terrorism;

–Development of the international law of war and international criminal law as they might apply in both prosecution and defense of alleged terrorists;

–The need of government for information with all that need implies: intelligence gathering, surveillance, controls on interrogation techniques, government secrecy, ethnic profiling, rights of privacy, and civil liberties; and

–Military and executive detentions without trial and the operation of military tribunals.

The book concludes with opinions from the Supreme Court of Israel, the U.K. House of Lords, and the Supreme Court of Canada that focus explicitly on claims for emergency power to derogate civil liberties.