International Law Terrorism
International Law and Terrorism
Some ‘Qs & As’ for Operators
By
Colonel Charles J. Dunlap, Jr., USAF
*
The events of 11 September 2001 present military lawyers—like the rest of the U.S. armed forces—with a variety of new challenges. Indeed, the war on terrorism raises complex legal issues (not the least of which is whether it is a “war” at all!). As difficult as it may be to determine what law applies to a particular question, the even more challenging task is to translate the legal analysis into something understandable to commanders and their troops. The purpose of this essay is to try to facilitate that assignment. What follows is a series of predicable questions occasioned by recent events. Each is accompanied by a suggested response. These answers are not intended to be comprehensive dissertations on every aspect of the topic queried, but rather on designed to give the nonspecialist a cogent statement of the key points. Realistically, the practitioner would be well served to consider the responses more as vectors for further study as opposed to final and definitive declarations. It is especially important to ensure that the proposed answers are “Shepardized,” so to speak, to ensure compliance with the most current authorities and national policy. Nevertheless, it is hoped tha5 the format and citations would provide legal professionals and their clients with a useful starting point in addressing the emerging challenges of America’s first “war” of the 21st century. 1. What is terrorism? Legally, terrorism is defined in the U.S. Code as “premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents….”1 The U.S. Department of Defense defines it somewhat more broadly, calling it: “The calculated use of unlawful violence or the threat of unlawful violence to inculcate fear; intended to coerce or intimidate governments or societies in the pursuit of goals that are generally political,
Some ‘Qs & As’ for Operators
By
Colonel Charles J. Dunlap, Jr., USAF
*
The events of 11 September 2001 present military lawyers—like the rest of the U.S. armed forces—with a variety of new challenges. Indeed, the war on terrorism raises complex legal issues (not the least of which is whether it is a “war” at all!). As difficult as it may be to determine what law applies to a particular question, the even more challenging task is to translate the legal analysis into something understandable to commanders and their troops. The purpose of this essay is to try to facilitate that assignment. What follows is a series of predicable questions occasioned by recent events. Each is accompanied by a suggested response. These answers are not intended to be comprehensive dissertations on every aspect of the topic queried, but rather on designed to give the nonspecialist a cogent statement of the key points. Realistically, the practitioner would be well served to consider the responses more as vectors for further study as opposed to final and definitive declarations. It is especially important to ensure that the proposed answers are “Shepardized,” so to speak, to ensure compliance with the most current authorities and national policy. Nevertheless, it is hoped tha5 the format and citations would provide legal professionals and their clients with a useful starting point in addressing the emerging challenges of America’s first “war” of the 21st century. 1. What is terrorism? Legally, terrorism is defined in the U.S. Code as “premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents….”1 The U.S. Department of Defense defines it somewhat more broadly, calling it: “The calculated use of unlawful violence or the threat of unlawful violence to inculcate fear; intended to coerce or intimidate governments or societies in the pursuit of goals that are generally political,