Legislative and Policy Responses to Terrorism, a Global Perspective
Amos N. Guiora
University of Utah - S.J. Quinney College of Law
June 29, 2010
San Diego Journal of International Law, Vol. 7, No. 1, p. 125, November/December 2005
Case Legal Studies Research Paper No. 05-30
The article is a survey and analysis of legislation adopted and policy implemented from a historical and current perspective alike examining how the surveyed nations respond to major terror attacks either on their own soil or elsewhere in the world. The article draws on historical sources, scholarly works, Supreme Court cases, national legislation and policy documents.
The United States response to September 11 is examined in the context of a historical survey beginning with the Nixon Administration. I suggest that the killing of the eleven Israeli athletes by the terrorist group, Black September, at the 1972 Munich Olympics marks the beginning terrorism in our age. The response of the Bush Administration to al-Qaeada is analyzed by examining the Patriot Act, the National Security Strategy document and the Presidential Order establishing military commissions.
The Israeli response to terrorism is examined both historically and contemporarily; the events of the past five years are analyzed as are the measures implemented in response. The legality and policy effectiveness of targeted killings are examined and analyzed at length as is the decision to build a security fence between Israel and the West Bank.
Russia's troubled and violent history with Chechnya is examined at length. In addition the stated policy of deterrence and toughness is addressed both from a legal and effectiveness perspective. In addition, relevant legislation is analyzed.
Spain's policy response to the bombing at the Madrid train stations is examined as is relevant Spanish legislation and the powers it grants the executive.
India which faces a wide range of threats must develop policies that on the one hand provides for self-defense yet on the other hand are respectful of larger geo-political considerations. In addition, legislation adopted and subsequently repealed that was intended to give wide powers to the executive are addresses and analyzed.
Number of Pages in PDF File: 48
Keywords: 9/11, Terrorism, National Security, Individual Rights, United States, Israel, Russia, Spain, India
JEL Classification: K33, K42Accepted Paper Series
Date posted: August 30, 2005 ; Last revised: February 6, 2013
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