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"Can Law Guide the War on Terror, or Can’t It? A Sad Question, a False Dilemma, and a New Way Around It" |
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Abstract:
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The paper makes the following main points:
• International norms of behavior are not what drive US security policy, so we need to wonder what it means to ask whether the law is too restrictive or unrestrictive enough to accommodate said policy.
• It may no longer make sense to charge the United States with “operating outside the law” and instead (and sadly) consider that international rules as they stand are operating outside a developing new security framework that is unfriendly to existing laws.
• A finer balance must be struck between the letter and spirit of human rights law and the stated goals and needs of US security strategy; new, creative synergies are needed to do this.
• Once we agree that powerful states, with the United States in the lead, are not likely to ease up on “fighting terrorism mercilessly,” it becomes important to consider what leverage a reconceptualized body of law can have in tempering the use and abuse of state power. |
Most Common Document Word Stems:
state (116), law (116), us (54), right (53), secur (52), intern (49), unit (45), war (44), terror (42), human (37), rule (37), may (32), legal (26), need (25), 2004 (24), defens (24), way (23), action (22), new (21), use (21), humanitarian (20), |
Author's Keywords:
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international law, humanitarian, human rights, Geneva Convention, war on terror, terrorism, |
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Association:
Name: International Studies Association URL: http://www.isanet.org
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Citation:
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MLA Citation:
| Abbassi, Jennifer. ""Can Law Guide the War on Terror, or Can’t It? A Sad Question, a False Dilemma, and a New Way Around It"" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p98715_index.html> |
APA Citation:
| Abbassi, J. , 2006-03-22 ""Can Law Guide the War on Terror, or Can’t It? A Sad Question, a False Dilemma, and a New Way Around It"" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p98715_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: The paper makes the following main points:
• International norms of behavior are not what drive US security policy, so we need to wonder what it means to ask whether the law is too restrictive or unrestrictive enough to accommodate said policy.
• It may no longer make sense to charge the United States with “operating outside the law” and instead (and sadly) consider that international rules as they stand are operating outside a developing new security framework that is unfriendly to existing laws.
• A finer balance must be struck between the letter and spirit of human rights law and the stated goals and needs of US security strategy; new, creative synergies are needed to do this.
• Once we agree that powerful states, with the United States in the lead, are not likely to ease up on “fighting terrorism mercilessly,” it becomes important to consider what leverage a reconceptualized body of law can have in tempering the use and abuse of state power. |
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| Document Type: |
PDF |
| Page count: |
20 |
| Word count: |
7952 |
| Text sample: |
| "Can Law Guide the War on Terror or Can’t It? A Sad Question a False Dilemma and a New Way Around It" Prepared for the th 47 Annual International Studies Association Convention 22-25 March 2006 ~ San Diego CA Jennifer Abbassi Associate Professor Political Science Chair Global Studies Program Randolph-Macon Woman’s College jabbassi@rmwc.edu http://faculty.rmwc.edu/global_studies/ This is a draft of a draft. Please do not reprint without permission. The paper makes the following main points: • International norms of behavior |
| by American Forces.” American Society of International Law Insight May 2004. Schlesinger James R. The Independent Panel to Review Department of Defense Detention Operations. August 2004. “Testimony of Secretary of Defense Donald H. Rumsfeld before the Senate and House Armed Services Committees.” May 7 2004. United States Department of State. "Supporting Human Rights and Democracy: The U. S. Record 2003 – 2004.” May 17 2004. Working Group Report. “Detainee Interrogations in the Global War on Terrorism: assessment of Legal |
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