The War on Terror and the Laws of War: A Military Perspective (Terrorism and Global Justice Series) - Softcover

In this well-timed revision to the first edition published in 2009, the authors allow the reader to benefit from their unique yet balanced perspectives as they address some of the most pressing issues in the enduring campaign to defeat terrorism insofar as they concern the laws of war. The six authors, all of whom served in some capacity in the Armed Forces of the United States of America (USA), confess not to provide a critical analysis of the official characterisation of the War on Terror as a genuine armed conflict under international humanitarian law. (Ben Stanford, Utrecht Journal of International and European Law)

This book will be a valuable source for lawyers and others lacking a military background interested in the rules for carrying out military operations against transnational terrorists. An especially timely examination of the changing laws of war." (Professor Williams Banks, Syracuse University School of Law)

Issues of targeting, detention, interrogation, and prosecution are among the most pressing and controversial questions in our politics today. Some say the treatment of these topics in the laws of war must evolve in order to account for the changing face of armed conflict, while others argue that the case for new rules has not been made, and in any event disagreement abounds as to when the laws of war apply at all. Unfortunately, we don't often hear the perspective of military practitioners in this debate. This indispensable volume closes that gap, and is a must-read for experts and novices alike." (Professor Robert M. Chesney, University of Texas School of Law, Member of the U.S. Dept. of Justice's Gitmo Task Force)

The authors' blend of scholarly perspective with military experience makes the discussion of intricate legal issues relating to the declared 'war on terror' more captivating." (Gentian Zyberi International Law Observer)

The best new book you can read on the subject. . . Rarely does one get the chance to read a careful, academic analysis written from the vantage point of scholars with such extensive experience with so many different facets of the subject of their study" (Jeffrey Kahn, ConcurringOpinions.com)

Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding 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 is as important today as it was in September 2001.

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, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, 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.