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Many years after the United States initiated a military response to
the terrorist attacks of September 11th, 2001, the nation continues
to prosecute what it considers an armed conflict against
transnational terrorist groups. Understanding how the law of armed
conflict applies to and regulates military operations executed
within the scope of this armed conflict against transnational
non-state terrorist groups is as important today as it was in
September 2001. In The War on Terror and the Laws of War seven
legal scholars, each with experience as military officers, focus on
how to strike an effective balance between the necessity of using
armed violence to subdue a threat to the nation with the
humanitarian interest of mitigating the suffering inevitably
associated with that use. Each chapter addresses a specific
operational issue, including the national right of self-defense,
military targeting and the use of drones, detention, interrogation,
trial by military commission of captured terrorist operatives, and
the impact of battlefield perspectives on counter-terror military
operations, while illustrating how the law of armed conflict
influences resolution of that issue. This Second Edition carries on
the critical mission of continuing the ongoing dialogue about the
law from an unabashedly military perspective, bringing practical
wisdom to the contentious topic of applying international law to
the battlefield.
Many years after the United States initiated a military response to
the terrorist attacks of September 11th, 2001, the nation continues
to prosecute what it considers an armed conflict against
transnational terrorist groups. Understanding how the law of armed
conflict applies to and regulates military operations executed
within the scope of this armed conflict against transnational
non-state terrorist groups is as important today as it was in
September 2001. In The War on Terror and the Laws of War seven
legal scholars, each with experience as military officers, focus on
how to strike an effective balance between the necessity of using
armed violence to subdue a threat to the nation with the
humanitarian interest of mitigating the suffering inevitably
associated with that use. Each chapter addresses a specific
operational issue, including the national right of self-defense,
military targeting and the use of drones, detention, interrogation,
trial by military commission of captured terrorist operatives, and
the impact of battlefield perspectives on counter-terror military
operations, while illustrating how the law of armed conflict
influences resolution of that issue. This Second Edition carries on
the critical mission of continuing the ongoing dialogue about the
law from an unabashedly military perspective, bringing practical
wisdom to the contentious topic of applying international law to
the battlefield.
1. As you know, in the last few months since the President's death
and the abrupt retirement of the Vice President, there have been
some instances of public unrest. I fully appreciate that the threat
of disorder occasioned by the absence of a Chief Executive
precipitated your assumption of power as Commander-in-Chief, UAFUS,
and your designation of yourself as permanent Military
Plenipotentiary of the United States. It is obvious to me that
strong leadership is needed in these troubled times. Indeed, I am
convinced that it was inept civilian leadership that caused our
defeat in the Second Gulf War. 2. Despite the approval of your
actions by The Referendum, it was still necessary to make several
arrests for acts of sedition. One of these traitors, I am sorry to
say, is a retired officer and a 1992 graduate of the National War
College. The officer, Prisoner 222305759, has been convicted by
court-martial and is awaiting execution. In violation of my
standing orders, the prisoner was allowed writing materials.
Somehow he managed to draft a letter to a fellow alumnus
chronicling what he calls the "Origins of the American Military
Coup of 2012." By hand-writing the letter he defeated the
electroscriber scanners we placed in his cell. Fortunately, our
security forces were still able to intercept it. 3. Because of its
potential interest to you, a copy of the prisoner's letter is
attached. As the document indicates, the prisoner evidently had
secreted into the stockade old notes, articles, and newspaper
clippings he saved from his War College days. These documents were
recovered in a search of the prisoner's cell. For your edification,
I have had an intelligence agent analyze them and annotate your
copy of the letter with endnotes citing these references where
appropriate. 4. Upon receipt of your order affirming the sentence
of the court, Prisoner 222305759 will be executed in accordance
with applicable directives. /s/ Ben N. Dykarnilt General, UAFUS
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