The Choice of Law Against Terrorism

Journal of National Security Law and Policy, Vol. 4, p. 343, 2010

Notre Dame Legal Studies Paper No. 10-20

27 Pages Posted: 6 Aug 2010 Last revised: 10 Jun 2011

Mary Ellen O'Connell

Notre Dame Law School

Date Written: August 5, 2010

Abstract

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.

Keywords: armed conflict, terrorism, global war on terror, targeted killing, military commissions, detention, drones

Suggested Citation

O'Connell, Mary Ellen, The Choice of Law Against Terrorism (August 5, 2010). Journal of National Security Law and Policy, Vol. 4, p. 343, 2010; Notre Dame Legal Studies Paper No. 10-20. Available at SSRN: https://ssrn.com/abstract=1654049

Mary Ellen O'Connell (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States
574-631-7953 (Phone)

Paper statistics

Downloads
1,374
Rank
10,331
Abstract Views
6,249