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

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

$ 70.00

    •    Author: Jeffrey F. Addicott, B.A. J.D. LLM, SJD
    •    ISBN 13:  978-1-936306-83-3
    •    Copyright Date Ed:  January 17, 2021
    •    Pages: 332
    •    Binding Information: Softbound
    •    Size: 11 X 8.5 Inches (US)

New eighth edition features updated Materials, Cases Comments

As the first edition of Terrorism Law suggests, terrorism, like crime, can never be completely eradicated. Over the past few years, as previous editions were released, the United States has faced many changes and challenges pertaining to the War on Terror, and continues to do so today. Although it was realized at the time the war started that legal and policy challenges would exist, no one could have predicted exactly what events would occur. Much has changed since September 11, 2001 in both the law and policy areas. The biggest challenges have become realistically fighting and winning the War on Terror under a democratically based rule of law, and protecting human rights and civil liberties in an ongoing wartime situation. It has been determined that the United States of America must accomplish three things: identify and appreciate the threat of militant Islamic global terrorism; do a better job of bringing the battle to the terrorists and the nations that harbor them; and promote and sustain a dedicated democracy-building campaign in new governments such as those in Afghanistan and Iraq.

The eighth edition of Terrorism Law has been updated to include new developments in this war, including the Boston Marathon bombing, as well as some of our nation’s and the world’s biggest challenges while fighting it. You’ll find information on cyberterrorism, bioterrorism, effects of the War on Terror on civil liberties, understanding the necessity for the Law of War and the Rule of Law, a new paradigm for war and terrorism avoidance, the role of the military in promoting human rights, interrogation techniques and what defines torture, use of civil litigation in the War on Terror, a history of the War on Terror and why America must stay the course and abide by the Rule of Law when fighting this war. This new edition is designed to be used as a reference text in this emerging area of law. It includes many appendices containing important American and international documents pertaining to the War on Terror as well as discussion questions, citations of legal cases pertaining to terrorism, and bibliographic information for further reference.


  • What is terrorism?
  • The goal of terrorism
  • State-sponsored and state-supported terrorism
  • Sub-state terrorism
  • Individual terrorism
  • Al-Qa’eda-styled terrorism and Militant Islam
  • The War on Terror
  • September 11, 2001
  • The Rule of Law: use of force
  • NATO
  • Congressional war-making power
  • Presidential war-making power
  • The employment of lawful violence
  • Expanding the War on Terror
  • The Bush Doctrine and the Rule of Law
  • Power versus Words: The Rule of Law
  • Civil liberties and the War on Terror
  • Addressing Terrorism since 9/11
  • Federal courts
  • Investigating terrorist suspects
  • Use of the military in domestic law enforcement
  • New information-gathering technologies
  • The Constitution and the War on Terror
  • Necessity and rationale for the Law of War: lessons from My Lai
  • Lesson One: Rationale for the Law of War
  • Lesson Two: Soldiers must be trained in the Law of War
  • Lesson Three: Preventing violations of the Law of War in the War on Terror
  • Interrogation techniques and what is torture
  • International agreements
  • Allegations of United States sanctioned torture
  • Abu Ghraib and the search for the smoking gun
  • Contractors on the battlefield
  • Cyberterrorism
  • Prosecuting cyber attacks
  • Cyber as a weapon of war
  • Civil liability in the private sector
  • Bioterrorism
  • Weapons of mass destruction
  • A new paradigm for war and avoiding terrorism
  • The causes of aggression and terrorism
  • Religion and the War on Terror
  • Defining democratic values and democracy
  • New non-traditional roles: human rights as a force multiplier
  • The new paradigm for war and terrorism avoidance
  • Leading the way: Pax Americana or the Rule of Law?
  • Civil litigation and the War on Terror
  • The role of the military and Army Special Forces in promoting human rights
  • Why America must stay the course

Table of Contents

Table of Cases



Chapter 1: What is Terrorism?
1.1 Defining Terrorism
1.2 The Goal of Terrorism
1.3 Terrorism and Weapons of Mass Destruction
1.4 State-Sponsored and State-Supported Terrorism
1.5 Sub-State Terrorism 
1.6 Individual Terrorism
1.7 Al-Qa’eda-Styled Terrorism and Militant Islam
1.8 Why They Hate
1.9 Questions for Discussion
Selected Bibliography

Chapter 3: Necessity and Rationale for the Law of War—Lessons from My Lai 3.1 The Law of War
3.2 Voices from the Past—My Lai
3.3 Facts of My Lai
3.4 My Lai Comes to Light
3.5 Impact of My Lai

3.6 Why Did My Lai Happen?
3.7 Leadership
3.8 Lack of a Grand Strategy
3.9 Rules of Engagement
3.10 Lessons of My Lai
3.11 Lesson One—Rationale for the Law of War
3.12 Lesson Two—Soldiers Must Be Trained in the Law of War
3.13 Lesson Three—Preventing Violations of the Law of War in the War on Terror
3.14 Questions for Discussion
Selected Bibliography

Chapter 4: The War on Terror 

4.1 September 11, 2001
4.2 An Act of War-The War on Terror
4.3 The Rule of Law—Use of Force
4.4 NATO
4.5 Congressional War-Making Power
4.6 Presidential War-Making Power
4.7 Article III Courts
4.8 The Employment of Lawful Violence
4.9 Questions for Discussion
Selected Bibliography

Chapter 5: Expanding the War on Terror
3.1 The Bush Doctrine
3.2 Weapons of Mass Murder
3.3 Anticipatory Self-Defense and the Rule of Law
3.4 Power versus Words—the Rule of Law
3.5 The Obama Approach to the War on Terror
3.6 Questions for Discussion
Selected Bibliography

Chapter 6: Civil Liberties and the War on Terror
4.1 Past Efforts to Address Terrorism
4.2 Addressing Terrorism Since 9/11
4.3 Detainee Status
4.4 Case Law on Detainee Issues
4.5 Military Commissions
4.6 Federal Courts
4.7 Investigating Terrorist Suspects
4.8 Use of the Military in Domestic Law Enforcement
4.9 Privacy and Immigration
4.10 Privacy and New Information-Gathering Technologies
4.11 Assassination
4.12 The Constitution and the War on Terror
4.13 Questions for Discussion
Selected Bibliography

Chapter 7: Interrogation Techniques
7.1 Defining Torture
7.2 The Torture Convention
7.3 Rendition
7.4 United States Domestic Law
7.5 Allegations of United States Sanctioned Torture
7.6 DOD Interrogation Practices 2002-2005
7.7 CIA Interrogation Policies 2002-2005
7.8 The Ticking Time Bomb Scenario
7.9 Abu Ghraib and the Search for the Smoking Gun
7.10 The HIG 
7.11 Conclusion

7.11 Questions for Discussion

Selected Bibliography

Chapter 8: Cyber Warefare 
8.1 Defining Cyber Terms
8.2 Cyber Threats
8.3 Government and Private Sector Partnership
8.4 Cyber Attacks and War
8.5 Conclusion
8.6 Questions for Discussion
Selected Bibliography

Chapter 9: Terrorism Avoidance
9.1 The Causes of Aggression and Terrorism
9.2 Religion and the War on Terror
9.3 The New Paradigm for War and Terrorism Avoidance
9.4 Defining Democratic Values and Democracy
9.5 Origins of Human Rights
9.6 The Corpus of Human Rights Law
9.7 United Nations Efforts to Promote Human Rights
9.8 Non-Governmental Organizations Devoted to Human Rights
9.9 Regional Organizations to Promote Human Rights
9.10 Traditional Efforts of the United States in Promoting Human Rights
9.11 New Non-Traditional Roles—Human Rights as a Force Multiplier
9.12 The Role of Special Forces
9.13 New Challenges and New Thinking
9.14 Questions for Discussion
Selected Bibliography

Chapter 10: Leading the Way—Pax Americana or the Rule of Law?
10.1 The United States Global Strategic View
10.2 American Leadership in National Security
10.3 Peace, Freedom and Appeasement—Lessons from the Gulf War of 1991
10.4 Peace, Freedom and Appeasement—Lessons from the War on Terror
10.5 Stay with the Rule of Law
10.6 America Must Stay the Course
10.7 Questions for Discussion
Selected Bibliography

Chapter 11: Civil Litigation
11.1 Tort Liability Against Affected Targets
11.2 Suits Against State-Sponsors of Terrorism
11.3 Proposed International Civil Legal Model
11.4 Conclusion
11.5 Questions for Discussion
Selected Bibliography

Chapter 12: Responses to Bioterrorism and the Legal Ramifications
12.1 Defining Bioterrorism
12.2 Government Responsibilities and Authority
12.3 The Goal of Quarantine
12.4 The Legality of Quarantine
12.5 Search and Seizure
12.6 Other Legal Issues
12.7 Questions for Discussion
Selected Bibliography

Appendix A: Selected Provisions of the Charter of the United Nations

Appendix B: War Powers Resolution

Appendix C: The United States Constitution (Selected Provisions)

Appendix D: Universal Declaration of Human Rights

Appendix E: International Covenant on Civil and Political Rights


About the Author


Customer Reviews

Based on 6 reviews
Leah Sandwell-Weiss, Reference Librarian
Legal Information Alert, Vol 22, No 5;

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.

Lt. Gen. C. J. Le Van (U.S. Army, Ret.)
President, Ares Corp

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.

Book News, Inc.
Book News, Inc.

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.

Erik Guenther,in The Wisconsin Lawyer Magazine
Terrorism Law: Materials, Cases, Comments (Seventh Edition)

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:

Alex P. Schmid

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.

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