<i>Speech</i>—Legal Issues in the War on Terrorism<sup>†</sup>

John B. Bellinger

in Comparative Law as Transnational Law

Published in print December 2011 | ISBN: 9780199795208
Published online January 2012 | e-ISBN: 9780199919307 | DOI:
Speech—Legal Issues in the War on Terrorism†

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This chapter presents John Bellinger's speech on legal views and policy decisions with respect to the detention and treatment of terrorists, as these have evolved in the United States since September 11. His aim is to convey a sense of how far they have progressed in addressing the threat posed by al-Qaida as a legal matter. He says that just as the United States strengthens and clarifies its laws at home, now is the time for the international community to construct a common foundation to defend our nations and protect our freedoms. The bedrock of that foundation is an appreciation of the magnitude of the threat posed by al-Qaida, and the need, in some instances, to use military force to combat that threat. Domestic criminal law does not itself adequately address the threat posed by this enemy. Military force is not the right answer against all enemies everywhere. In the face of a threat as grave as that of al-Qaida, appreciating that military force can be appropriate may pave the way for an intensified dialogue as we move forward.

Keywords: John Bellinger; United States; terrorists; 9/11; detention; defense policy; military force; al-Qaida

Chapter.  5544 words. 

Subjects: Public International Law

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