Geoffrey S. Corn

Dru Brenner-Beck

Many years after the United States initiated a military response to the terrorist attacks of September 11, 2001, the nation continues to prosecute an armed conflict against transnational terrorist groups. Today, it remains just as vital to understand how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups. In The War on Terror and the Laws of War, seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, and trial by military commission of captured terrorist operatives, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield. Book jacket.

A Military Perspective

The War on Terror and the Laws of War

Rachel E. VanLandingham

Shane R. Reeves

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Law, Policy, and Practice

U.S. Military Operations

Eric Jensen

Jimmy Gurulé

Peter Margulies

This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. Key Features Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics. Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law. Complements a range of the most commonly addressed national security topics.

Principles and Policy

Aspen Treatise for National Security Law

Jimmy Gurule

Jeffrey D. Kahn

This new casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, this first edition explores key points where constitutional law directs or restricts the development of national security policy, its implementation, and oversight. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law course, as well as for use in advanced international relations and national security policy courses. Key Features: The text offers students a comprehensive yet focused treatment of key national security law concepts. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. The chapters also use text boxes to illustrate key principles with historical events, and to highlight important issues, rules, and principles closely related to the primary sources. Text is divided into five parts: The Constitutional Framework, War Powers and Military Force, Crime and National Security, Information and National Security, and Other National Security Responses

National Security Law and the Constitution

Geoffrey S. Corn

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