5. Law Enforcement
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5. Law Enforcement. Pre-2001 Terrorists as Criminals. 1996 Anti-Terrorism and Effective Death Penalty Act Summary by US Congress, Congressional Research Service. Ramzi YousefSheikh Omar Abdel Rahman (leader of Islamic Group)

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5. Law Enforcement

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5 law enforcement

5. Law Enforcement


Pre 2001 terrorists as criminals

Pre-2001 Terrorists as Criminals

  • 1996 Anti-Terrorism and Effective Death Penalty Act

    • Summary by US Congress, Congressional Research Service


5 law enforcement

Ramzi YousefSheikh Omar Abdel Rahman (leader of Islamic Group)

Convicted (1997/1998) for Convicted (1995) for bombing of WTC 1993 plot on NY Landmarks

Life sentenceLife Sentence

United States v. Mohammed

Salameh et al U.S. Court of Appeals –

2nd Circuit Aug 4, 1998


Post 2001 what are terrorists

Post-2001: What are Terrorists?

Uncertainty

Question: What are terrorists who are not affiliated with a nation-state?

  • Criminals

  • Soldiers

  • Neither

  • Both

  • Don’t ask


Three key issues

Three Key Issues

  • Surveillance

  • Legal Status of Individuals

  • Treatment of Individuals


1 surveillance

1. Surveillance

  • Foreign Intelligence Surveillance Act (FISA) 1978

  • USA PATRIOT ACT 10/26/01

    • Pro and Con

    • ACLU on the Act

  • Terrorist Surveillance Program (2001)

  • Protect America Act 2007


2 legal status of individuals

2. Legal Status of Individuals

  • Detainees (unlawful enemy combatants)

    • President George W. Bush Military Order, November 13, 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”

    • Authorization to Use Military Force, September 18, 2001


The legal evolution legislation and trials

The Legal Evolution: Legislation and Trials

  • Detainee Treatment Act, 2005

  • Military Commissions Act, 2006

  • Military Commission Act 2009(amendments to 2006 Act)

    • Analysis by CRS

    • Manual for Military Commissions )2010 edition)

  • Guantanamo Trials

  • Guantanamo Docket


The legal evolution key legal cases

The Legal Evolution: Key Legal Cases

  • Rasul v. Bush

  • Hamdi v. Rumsfeld

  • Padilla v. Rumsfeld

  • Hamdan v. Rumsfeld

  • Boumediene v. Bush


3 treatment of individuals

3. Treatment of Individuals

  • Memos from the Office of Legal Counsel, Bush and Obama Administrations concerning detainee treatment and interrogation policies Detainee Treatment Act, 2005

  • Senate Judiciary Committee Hearings on Detainee Treatment, May 2009


5 law enforcement

  • Interrogation of al Qaeda Operative, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, August 1, 2002, from http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf


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