Point of Attack

Author: John Yoo
Publisher: Oxford University Press
ISBN: 019934776X
Format: PDF, ePub, Mobi
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The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

War by Other Means

Author: John Yoo
Publisher: Grove/Atlantic, Inc.
ISBN: 9781555847630
Format: PDF, ePub
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John Yoo, the key legal architect of the Bush administration’s response to 9/11, delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. In a midterm election year, when the controversies over the president’s handling of the War on Terror are sure to wage more forcefully than ever before, John Yoo’s War by Other Means is set to become one of the fall’s most talked about books.

Hegemony or Survival

Author: Noam Chomsky
Publisher: Metropolitan Books
ISBN: 9781429900218
Format: PDF, ePub
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From the world's foremost intellectual activist, an irrefutable analysis of America's pursuit of total domination and the catastrophic consequences that are sure to follow The United States is in the process of staking out not just the globe but the last unarmed spot in our neighborhood-the heavens-as a militarized sphere of influence. Our earth and its skies are, for the Bush administration, the final frontiers of imperial control. In Hegemony or Survival , Noam Chomsky investigates how we came to this moment, what kind of peril we find ourselves in, and why our rulers are willing to jeopardize the future of our species. With the striking logic that is his trademark, Chomsky dissects America's quest for global supremacy, tracking the U.S. government's aggressive pursuit of policies intended to achieve "full spectrum dominance" at any cost. He lays out vividly how the various strands of policy-the militarization of space, the ballistic-missile defense program, unilateralism, the dismantling of international agreements, and the response to the Iraqi crisis-cohere in a drive for hegemony that ultimately threatens our survival. In our era, he argues, empire is a recipe for an earthly wasteland. Lucid, rigorous, and thoroughly documented, Hegemony or Survival promises to be Chomsky's most urgent and sweeping work in years, certain to spark widespread debate.

Taming Globalization

Author: Julian Ku
Publisher: Oxford University Press
ISBN: 0199913447
Format: PDF, ePub, Docs
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In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.

Crisis and Command

Author: John Yoo
Publisher: Kaplan Trade
ISBN: 9781607148562
Format: PDF, ePub
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New and updated in paperback—the remarkable history of American presidential executive power from one of today’s most famous legal scholars. “…an eloquent, fact-laden history of audacious power grabs by American presidents going back to George Washington.” — New York Times Magazine However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us that they are nothing new. In Crisis and Command, Yoo explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history—they transformed the role of the American president. The paperback edition of Crisis and Command features a new preface and epilogue by the author, giving the most up-to-the-minute insight into the ongoing national debate over presidential power. Written in clear, accessible prose, Crisis and Command maintains a manageable scope by focusing on the strongest and most relevant examples throughout history, from George Washington to Barack Obama.

War Law

Author: Michael Byers
Publisher: Grove/Atlantic, Inc.
ISBN: 9781555848460
Format: PDF, ePub, Docs
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International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by U.S. forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike.

The Law of Armed Conflict

Author: Gary D. Solis
Publisher: Cambridge University Press
ISBN: 1316652327
Format: PDF, Docs
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Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.

Preventive Force

Author: Kerstin Fisk
Publisher: NYU Press
ISBN: 147985753X
Format: PDF, ePub
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More so than in the past, the US is now embracing the logic of preventive force: using military force to counter potential threats around the globe before they have fully materialized. While popular with individuals who seek to avoid too many “boots on the ground,” preventive force is controversial because of its potential for unnecessary collateral damage. Who decides what threats are ‘imminent’? Is there an international legal basis to kill or harm individuals who have a connection to that threat? Do the benefits of preventive force justify the costs? And, perhaps most importantly, is the US setting a dangerous international precedent? In Preventive Force, editors Kerstin Fisk and Jennifer Ramos bring together legal scholars, political scientists, international relations scholars, and prominent defense specialists to examine these questions, whether in the context of full-scale preventive war or preventive drone strikes. In particular, the volume highlights preventive drones strikes, as they mark a complete transformation of how the US understands international norms regarding the use of force, and could potentially lead to a ‘slippery slope’ for the US and other nations in terms of engaging in preventive warfare as a matter of course. A comprehensive resource that speaks to the contours of preventive force as a security strategy as well as to the practical, legal, and ethical considerations of its implementation, Preventive Force is a useful guide for political scientists, international relations scholars, and policymakers who seek a thorough and current overview of this essential topic.

America Goes Backward

Author: Stanley Hoffmann
Publisher: New York Review of Books
ISBN: 9781590171561
Format: PDF, ePub
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"Wrong assumptions, immoderate and confused ends, served by a mixture of counterproductive, inadequate, mismanaged, and, at times, scandalous means": Stanley Hoffmann's verdict on the US invasion of Iraq carries an uneasy echo of his view of the US failure in Vietnam. Though it is not Vietnam, for Hoffmann the Iraq war is still a sign that America has gone in the wrong direction. In this book, he describes the many ways in which the Bush administration, particularly in its unilateralist determination to make war on Saddam Hussein, has undertaken a "wrecking operation" on post?World War II schemes of international cooperation, and he suggests a process by which democracies might reach agreement on when to collectively intervene in aid of nations suffering under oppressive regimes. Hoffmann goes on to analyze how the US risks being trapped in Iraq, and offers his ideas on the most effective strategies for both withdrawing US forces and helping the country achieve democracy and stability under multilateral supervision. "Too often," he finds, "this administration has given, to many Americans and even more to foreigners, the impression that it is drunk with power...." If we are to combat terrorism effectively, we should strive not for an arrogant American empire but for "a return to reality, to good sense, and to morality."

Striking Power

Author: Jeremy Rabkin
Publisher: Encounter Books
ISBN: 1594038880
Format: PDF, Mobi
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Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. The United States must respond to these challenges to its national security and to world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons. These weapons can provide more precise, less destructive means to coerce opponents to stop WMD proliferation, clamp down on terrorism, or end humanitarian disasters. Efforts to constrain new military technologies are not only doomed, but dangerous. Most weapons in themselves are not good or evil; their morality turns on the motives and purposes for the war itself. These new weapons can send a strong message without cause death or severe personal injury, and as a result can make war less, rather than more, destructive.