Abstract

http://ssrn.com/abstract=1664610
 
 

Footnotes (219)



 


 



Self Restraint and National Security


Nathan Alexander Sales


Syracuse University College of Law

August 24, 2010

Journal of National Security Law & Policy, Vol. 6, No. 1, 2012, pp. 227-289
George Mason Law & Economics Research Paper No. 10-41

Abstract:     
Why does the government sometimes tie its own hands in national security operations? This article identifies four instances in which officials believed that the applicable laws allowed them to conduct a particular military or intelligence operation but nevertheless declined to do so. For example, policymakers have barred counter-terrorism interrogators from using any technique other than the fairly innocuous methods listed in the Army Field Manual. Before 9/11, officials rejected the CIA’s plans to use targeted killings against Osama bin Laden and other terrorist leaders. Judge advocates sometimes use policy considerations to restrict military strikes that would be lawful. And in the 1990s, lawyers erected a “wall” that kept intelligence officers from sharing information with criminal investigators. The article then draws from rational choice theory to suggest two possible explanations for why the government imposes these restraints. First, self restraint might be the result of systematic risk aversion within military and intelligence agencies. Second, self restraint may be the result of empire building, as officials seek to magnify their clout by vetoing the plans of bureaucratic rivals.

Number of Pages in PDF File: 64

Keywords: AFM, al Qaeda, Central Intelligence Agency, Convention Against Torture, cruel, DOJ, degrading, Executive Order 13491, FISA, Foreign Intelligence Surveillance Act, Geneva Convention, inhuman, interrogation, JAG, Justice Department, Uniform Code of Military Justice, waterboarding, World Trade Center

JEL Classification: H56

working papers series





Download This Paper

Date posted: August 25, 2010 ; Last revised: August 27, 2012

Suggested Citation

Sales, Nathan Alexander, Self Restraint and National Security (August 24, 2010). Journal of National Security Law & Policy, Vol. 6, No. 1, 2012, pp. 227-289; George Mason Law & Economics Research Paper No. 10-41. Available at SSRN: http://ssrn.com/abstract=1664610 or http://dx.doi.org/10.2139/ssrn.1664610

Contact Information

Nathan Alexander Sales (Contact Author)
Syracuse University College of Law ( email )
Syracuse, NY 13244-1030
United States
Feedback to SSRN


Paper statistics
Abstract Views: 631
Downloads: 79
Download Rank: 189,523
Footnotes:  219

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.328 seconds