Law of War

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Author Interview,
Kenneth Roth

This week, Kenneth Roth answers questions submitted by readers about President Barack Obama's plans to close the detention facility at Guantánamo Bay.

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Postscript,
Kenneth Roth

President Barack Obama plans to close the detention facility at Guantánamo Bay, Cuba. The United States should move the prisoners currently held there into the criminal justice system and hold trials as soon as possible.

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Review Essay, Jul/Aug 2008
Curtis A. Bradley

Benjamin Wittes’ Law and the Long War is required reading for anyone interested in the legal challenges posed by the war on terror.

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Comment, May/June 2008
Kenneth Roth

The Obama administration has decided to try Khalid Sheikh Mohammed and other alleged 9/11 plotters in federal court in New York. In a 2008 essay, Kenneth Roth outlined why and how the U.S. government should use the criminal justice system to prosecute terrorists.

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Essay, Nov/Dec 2006
Colin H. Kahl

Reports that U.S. troops may have killed 24 civilians in Haditha, Iraq, last November have renewed fears that the U.S. military routinely violates the laws of war. But is the Haditha incident the exception or the rule? In fact, U.S. compliance with noncombatant immunity in Iraq has been relatively high by historical standards, and it has been improving since the beginning of the war.

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Response, Jan/Feb 2005
Robert Kagan
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Essay, Nov/Dec 2004
Robert W. Tucker and David C. Hendrickson

The 18 months since the launch of the Iraq war have left the country's hard-earned respect and credibility in tatters. In going to war without a legal basis or the backing of traditional U.S. allies, the Bush administration brazenly undermined Washington's long-held commitment to international law, its acceptance of consensual decision-making, its reputation for moderation, and its identification with the preservation of peace. The road back will be a long and hard one.

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Comment, Jan/Feb 2004
Kenneth Roth

The Bush administration has literalized its "war" on terrorism, dissolving the legal boundaries between what a government can do in peacetime and what's allowed in war. This move may have made it easier for Washington to detain or kill suspects, but it has also threatened basic due process rights, thereby endangering us all.

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