Suchergebnisse

This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.

This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.

This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.

This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.

This report outlines the main objections the United States has raised with respect to the International Criminal Court and analyzes the American Service member Protection Act (ASPA), enacted to regulate the US cooperation with the ICC

The Bush administration claims that the law of war and Supreme Court precedent support the president's authority to detain U.S. citizens, incommunicado and without filing a criminal charge, as "enemy combatants." The administration views this power as inherent in the president's commander‐in‐chief authority, and that congressional authorization, while unnecessary, is implied in statute. This article surveys the history of presidential efforts to deal with threats to the national security through preventive detention measures, and concludes that congressional authorization has always been necessary to validate such measures within the United States.

This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, as amended by the Military Commissions Act 2006, analyzing how it might affect detainee-related litigation in federal court.

Intro -- DECLARATIONS OF WAR AND AUTHORIZATIONS FOR MILITARY FORCES -- DECLARATIONS OF WAR AND AUTHORIZATIONS FOR MILITARY FORCES -- CONTENTS -- PREFACE -- Chapter 1 DECLARATIONS OF WAR AND AUTHORIZATIONS FOR THE USE OF MILITARY FORCE: HISTORICAL BACKGROUND AND LEGAL IMPLICATIONS∗ -- ABSTRACT -- INTRODUCTION -- PREVIOUS DECLARATIONS OF WAR -- KEY DATES AND ACTIONS RELATED TO FORMAL U.S. DECLARATIONS OF WAR -- 1812 - Great Britain -- 1846 - Mexico -- 1898 - Spain -- 1917 - World War I (Germany) -- 1917 - World War I (Austria-Hungary) -- 1941 - World War II (Japan) -- 1941 - World War II (Germany) -- 1941 - World War II (Italy) -- 1942 - World War II (Bulgaria) -- 1942 - World War II (Hungary) -- 1942 - World War II (Rumania) -- KEY STATUTORY AUTHORIZATIONS FOR THE USE OF MILITARY FORCE -- IMPLICATIONS UNDER INTERNATIONAL LAW -- IMPLICATIONS UNDER DOMESTIC LAW -- ITEMIZATION OF STANDBY STATUTORY AUTHORITIES -- 1. STATUTORY AUTHORITIES TRIGGERED BY A DECLARATION OF WAR -- Congressional Budget Act -- Agricultural Exports -- Armed Forces -- Coast Guard -- Small Business Administration -- Unilateral Trade Sanctions -- Armed Forces Retirement Home -- Statutes of Limitation -- Deferral of Civil Works Projects -- Nuclear Regulatory Commission -- Enemy Alien Act -- National Defense Stockpile -- Chemical and Biological Warfare Agents -- National Emergencies Act -- Foreign Intelligence Surveillance Act (FISA) -- Selective Service Act -- 2. STATUTORY AUTHORITIES TRIGGERED BY THE EXISTENCE OF A STATE OF WAR (AND THUS ALSO BY A DECLARATION OF WAR) -- Administrative Procedure -- Federal Employees -- Aliens -- Armed Forces -- Reserves -- Trading with the Enemy Act -- Coast Guard -- Federal Energy Regulatory Commission -- Tennessee Valley Authority -- Imports -- Neutrality -- Miscellaneous -- Accounting and Contracts -- Contracts -- National Guard.

Nuclear terrorism : a brief review of threats and responses / Jonathan Medalia -- Terrorism and national security : issues and trends / Raphael F. Perl -- Combating terrorism : the challenge of measuring effectiveness / Raphael F. Perl -- Terrorist capabilities for cyberattack : overview and policy issues / John Rollins and Clay Wilson -- Treatment of "battlefield detainees" in the war on terrorism / Jennifer K. Elsea

This report addresses select legal questions raised by the use of military force against the Islamic State.

This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.