Following the deadly attacks in Paris on November 13, 2015, news outlets worldwide have questioned the effectiveness of current international law in preventing and addressing terrorism. In the past several months, several nations have put forth new laws in attempts to counter these kinds of attacks, but many of these laws have been criticized as too broadly defining terrorism or too harshly treating perpetrators of these acts.
Brazil's new counter-terrorism law, for instance, has been met with criticism for broadly defining an act of terror as one which "infringes upon persons, through violence or serious threat, and is motivated by political extremism, religious intolerance or racial, ethnic, gender or xenophobic prejudice, in order to cause widespread panic." (Jurist, Nov. 5, 2015) Similarly, Egypt has been criticized for sweeping security laws enacted in August that may undermine basic human rights.(BBC, Nov. 4, 2015) Israel, Lebanon, and Canada are also among the countries currently discussing changes in national terrorism laws. (The Jerusalem Post, Nov. 10, 2015) (Reuters, Nov. 13, 2015) (Ottawa Citizen, Nov. 17, 2015)
What, then, is the middle ground? What role does law play in addressing international terrorism? Answer this question by coming to the Gallagher Law Library! Here are a few titles to get started:
- The Fundamentals of Counterterrorism Law (Lynne Zusman ed., 2014).
- Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State (Aniceto Masferrer & Clive Walker eds., 2013). (also available online, UW access only)
- Col. James P. Terry, The War on Terror: The Legal Dimension (2013).
- Anicée Van Engeland, Civilian or Combatant? A Challenge for the Twenty-First Century (2011).
- Gabriella Blum and Philip B. Heymann, Laws, Outlaws, and Terrorists (2010).
- Mark Osiel, The End of Reciprocity (2009).
- Robert P. Barnidge, Jr., Non-State Actors and Terrorism: Applying the Law of State Responsibility and the Due Diligence Principle (2008).
- Anti-Terrorist Measures and Human Rights (Wolfgang Benedek & Alice Yotopoulos-Marangopoulos eds., 2004). (also available online, UW access only)
Articles (available via HeinOnline, UW access only)
- Samuel J. Rascoff, Counterterrorism and New Deterrence, 89 N.Y.U. L. Rev. 830 (2014).
- Aziz Z. Huq, Structural Constitutionalism as Counterterrorism, 100 Cal. L. Rev. 887 (2012).
- Mary Ellen O'Connell, The Choice of Law against Terrorism, 4 J. Nat'l Sec. L. & Pol'y 343 (2010).
- Samuel J. Rascoff, The Law of Homegrown (Counter) Terrorism, 88 Tex. L. Rev. 1715 (2009-2010).
- Seth F. Kreimer, Rays of Sunlight in a Shadow War: FOIA, the Abuses of Anti-Terrorism, and the Strategy of Transparency, 11 Lewis & Clark L. Rev. 1141 (2007).