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THREE - War and Enemy Status

Published online by Cambridge University Press:  24 November 2009

Jordan J. Paust
Affiliation:
University of Houston
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Summary

INTRODUCTION

On September 11, 2001, the United States suffered shocking terroristic attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. Most agree that the attacks were perpetrated by Osama bin Laden and some of his al Qaeda followers and that these same nonstate actors had been behind previous attacks on the U.S.S. Cole and U.S. embassies in Kenya and Tanzania. On October 7, 2001, the United States used massive military force in self-defense against such ongoing processes of armed attack by bin Laden and members of al Qaeda in Afghanistan. At that time, the United States also used massive military force against members of the armed forces of the Taliban regime in Afghanistan. This upgraded an ongoing belligerency or international armed conflict in Afghanistan between the Taliban and the Northern Alliance and triggered application of the laws of war with respect to U.S. military responses in the Afghan theater of war.

By November 13, 2001, President Bush had made the erroneous claim that the September 11 attacks were acts of international terrorism of such an intensity as to create “a state of armed conflict” and that they amounted to acts of “war” by bin Laden and his followers. The Bush administration also argued that it had a right to detain any member of al Qaeda and other persons allegedly posing threats to national security without trial as “enemy” or “unlawful” combatants whether or not they were captured inside Afghanistan or in connection with the October 7 war with the Taliban.

Type
Chapter
Information
Beyond the Law
The Bush Administration's Unlawful Responses in the "War" on Terror
, pp. 47 - 64
Publisher: Cambridge University Press
Print publication year: 2007

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  • War and Enemy Status
  • Jordan J. Paust, University of Houston
  • Book: Beyond the Law
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611322.004
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Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

  • War and Enemy Status
  • Jordan J. Paust, University of Houston
  • Book: Beyond the Law
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611322.004
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • War and Enemy Status
  • Jordan J. Paust, University of Houston
  • Book: Beyond the Law
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611322.004
Available formats
×