Law and Terrorism

Course Description

The conclusion of World War II led to a new era in international relations, one purportedly based on international law and human rights. In practice, however, states frequently ignore international legal requirements when the laws impede the pursuit of their own national interests. Since the catastrophic attacks on September 11, 2001, the United States has responded to security threats with policies and practices in its declared Global War on Terrorism that have challenged fundamental legal understandings. These policies have not so much disregarded international law as redefined it. This course focuses on the complex legal and domestic constitutional issues posed by the U.S. governments words and actions. Topics range from domestic issues, such as the USA Patriot Act, warrantless wiretapping, and indefinite detention, to international legal issues, such as the doctrine of preemption, the practice of "extraordinary rendition," and the treatment of detainees in U.S. custody and control. Policies of the Bush and Obama administrations are compared and contrasted with respect to effects on the international legal order.