Global & National Security Law: Assessing the War on Terror: Materials Cases Comments, Eighth Edition

This "hot topic" book sets out the author's thoughts on what our national strategy should be to "win the war on terror." An expert in the law of war and now an assistant professor of law at St. Mary's University School of Law, Jeffrey Addicott retired from a 20-year career as an Army Judge Advocate. During his military career, he served as legal advisor to the Army First Special Forces Group and later the Army Special Forces Command. He was the deputy chief of the International Law Division in the Pentagon; thus, he clearly knows his topic. Addicott's suggested strategy has three parts: first, learn and understand the threat of "Al-Qaeda-styled global terrorism;" second, "go after the radical regimes that stand behind terrorists;" and third, push democracy-building to encourage the maintenance of the rule of law. His book is organized in accordance with this three-part structure. He begins with a chapter on how terrorism is defined, taking definitions from many sources. He then discusses the distinctions between state-sponsored, state-supported, sub-state, individual, and Al-Qaeda style terrorism. The second chapter deals specifically with the events of September 11, 2001, and the U.S. and world response. This chapter includes a historical overview of the Rule of Law and the use of force, from the Peace of Westphalia in 1648 to establishment of the United Nations in the 1920s. Chapter 3 covers the arguments for an expansion of the war on terror to cover "rogue nations" that possess or are trying to possess weapons of mass destruction. In this chapter, Addicott briefly discusses why "they hate us" and an analysis of the use of power versus the rule of law. In the next chapter, he addresses the impact of the war on terror on civil liberties and discusses such proposals as I the use of military tribunals and the elimination of the executive order banning assassinations. Addicott's discussion of the USA Patriot Act is brief and concentrates on the changes to immigration laws. Chapter 5 discusses the lessons learned from the My Lai (Vietnam War) incident. Chapter 6 covers Addicott's support for a new paradigm for war and terrorism avoidance: supporting democracy-building activities and human rights. In the next chapter, he addresses whether we will have a Pax Americana or stay with the rule of law; he argues for the later. In chapter 9, the discussion revolves around the role of the military and special forces in promoting human rights. Addicott concludes with a call for America to stay the course in the war against terror. As the above summary indicates, the book is a bit disjointed, possibly because some of the material had been previously published. Addicott has a definite point of view, and he is not afraid to share it. His material appears to be current through the end of 2002. One disturbing note is his tendency to equate the arrest of suspected terrorists, i.e., the Yemenis from Lackawanna, New York, with the breaking up of terrorist cells, even though none of these men had been convicted at the time the book was published. Some readers may be bothered by his apparently unqualified support for the current administration's policies. The material is extensively footnoted, with endnotes at the end of each chapter. Each chapter begins with a "synopsis" of point headings. The book also has a thorough index. There are a few editing problems, such as the last paragraph on page 78. The book ends with a series of appendixes containing such documents as "Selected Provisions of the Charter of the United Nations," resolutions and statements from the United National Security Council, NATO, and the U.S. Congress condemning the September 11, 2001 attacks, and the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq. At the price of roughly $30, this would be a good purchase for general academic libraries and most public libraries, as well as law libraries. While not a reference book, it could be used as a secondary source for students researching this area.

Winning the War on Terror is a cutting-edge book for our day. Professor Addicott has done educators, the military, and the wider public a great service in detailing the necessity to apply key historical lessons in our strategy to defeat international terrorists and the totalitarian regimes that stand behind them. Addicott brilliantly lays out a well-reasoned case for promoting human rights and democracy in the community of nations while there is still time.

Addicott (St. Mary's U. School of Law) presents a justification for the American government's "War on Terror" that promotes continuing American dominance of the international scene based on this country's tradition of adherence to the rule of law and the promotion of human rights and democracy.

Terrorism Law is an impressive effort and a valuable addition to the libraries of the small subset of lawyers interested in rule-of-law efforts and national security issues. Unfortunately, the partiality of the author limits its value as a textbook. For example, the author finds no conflict in approvingly quoting John Locke while also cheerleading for the USA PATRIOT Act.

Terrorism Law is at its best when eruditely describing issues that fall into this fascinating and quickly evolving area of law. For example, the text describes the use of diplomatic pouches to transport illegal materials, including items that could be used to support acts of terrorism. The author also discusses the difficulty within the international community in defining "terrorism," demonstrating nuances in this fledging area of law. ...

The textbook offers several gems: a summary of Supreme Court jurisprudence relating to detention of enemy combatants following 9/11, a discussion of military commissions, complexities involved in airport security, and an absorbing chapter on interrogation techniques. Federal court decisions addressing terrorism, including through the Material Support Act, also are discussed. ...

Terrorism Law is a valuable addition to the libraries of lawyers engaging in international development or rule-of-law work.

See the whole review at: http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?volume=89&issue=9&articleid=25142

Terrorism is a form of violence without legal restraints. The law, on the other hand, tries to restrain terrorist crimes. Many who advocate a more muscular approach to terrorism prefer a military campaign to a law enforcement approach for dealing with terrorism. Yet the military too is subject to restraints when dealing with terrorism; bound by the laws of war, it cannot fight fire with fire without loosing the moral high ground. The law punishes those who transgress it but terrorism is often not only an act of provocation but also a form of punishment, motivated by revenge. The relationship between terrorism and law is a complex one. One of the great merits of Prof. Addicotts work is to make this complexity visible. The 5th (2009) edition of this seminal textbook maintains the same chapter structure as the 4th (2007) edition but is 65 pages longer, updating the broad ground covered already in previous editions. Dr. Addicott is Distinguished Professor of Law and Director of the Center for Terrorism Law at St. Marys University in San Antonio, Texas. Until 2000, Jeffrey Addicott was an active duty Army officer and senior legal advisor to the United States Armys Special Forces. He is a strong advocate of preventing violations of humanitarian law in the War on Terror and his textbook devotes entire chapters to controversial issues like Interrogation Techniques (ch. 6) and Contractors on the Battlefield (ch. 7). In chapter 4 he also looks at the role of human rights law addressing. In chapter 9 he calls for A New Paradigm for War and Terrorism Avoidance. He pleads that the worlds most precious commodities the promotion of democratic values and human rights must not become casualties in the War on Terror (p. xviii).; Addicotts volume is written primarily for students of law who will find this one of the best introductions into terrorism law in its evolving national (US) and international complexity. With such an audience in mind he discusses extensively case law (e.g. Hamadan v. Rumfeld, Boumediene v. Bush and Padilla v. Hanft). The book contains more than a dozen appendices reproducing key US and UN texts. Given the authors background, the textbook provides us with insights into the legal thinking of both the Pentagon and the Supreme Court in matters of terrorism. Its outstanding features are its clarity and well-argued judgments. Where this reviewer finds it hard to follow the author, however, is in his assessment of perceptions of the Green Berets in the sub-chapter The Role of Special Forces (ch. 9.12). He claims that the US Army Special Forces soldiers are universally recognized and respected as efficient, professional and humanitarian (p.392). My reservations also extend to his discussion of the humiliation and torture of prisoners at Abu Ghraib (ch. 6.8) where he settles too easily for the few bad apples theory (p. 278). However, this does little to detract from the overall value of the textbook.