TITLE

THE CONSEQUENCES OF A "WAR" PARADIGM FOR COUNTERTERRORISM: WHAT IMPACT ON BASIC RIGHTS AND VALUES?

AUTHOR(S)
Blank, Laurie R.
PUB. DATE
March 2012
SOURCE
Georgia Law Review;Spring2012, Vol. 46 Issue 3, p719
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
Policy makers have used the rhetoric of "war" throughout the past century to describe a major governmental or societal effort to combat an evil that threatens society, national security or other communal good. It is both a rhetorical tool and a resource mobilization, and above all a coalescing of authority to meet the challenge, whether poverty, drugs or-most recently-terrorism. Soon after 9/11 made al Qaeda a household word, the Bush Administration characterized U.S. efforts to defeat al Qaeda as the `War on Terror." Here, however, the terminology of "war" goes far beyond rhetoric, resource re-allocation and centralizing of authority. When it goes hand-in-hand with domestic and transnational counterterrorism operations and major military operations, this "war" rhetoric also has significant consequences for the protection and content of basic rights and values. This Essay examines the implications of the rhetoric of "war" when combined with actual military operations and counterterrorism operations. If focuses on the interaction between the "war" rhetoric and the framework of the law of armed conflict. The `War on Terror" rhetoric has facilitated and encouraged the growth of authority without the corresponding spread of obligation. Drone strikes, indefinite detention, prosecution of crimes like conspiracy and material support for terrorism in military commissions-these practices and others raise significant questions about the application of domestic and international law to counterterrorism operations, the long-term impact on executive authority, and the role of national security as a "trump card."
ACCESSION #
77414545

 

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