Book contents
- Frontmatter
- Dedication
- Contents
- Foreword
- Acknowledgments
- 1 Introduction
- 2 Civil-Military Relations: From Theory to Policy
- 3 The Counterinsurgency Dilemma
- 4 Civil-Military Implications: The Demands of a Counterinsurgency Strategy
- 5 Legal Implications of Counterinsurgency: Opportunities Missed but Not Lost
- 6 Counterterrorism: The Unquiet Warfare of Targeted Killings
- 7 Civil-Military Issues in Targeted Killing by UAVs
- 8 The Legal Underpinnings for Targeted Killing by UAV: Framing the Issues
- 9 Opportunities for Stepping Forward
- 10 Cyber Attacks and Cyber Warfare: Framing the Issues
- 11 Implications for Civil-Military Relations in Cyber Attacks and Cyber Warfare
- 12 Legal Implications of Cyber Attacks and Cyber Warfare
- 13 International Cooperation on Training Wheels
- 14 Conclusion: The End Is the Beginning
- Index
1 - Introduction
Published online by Cambridge University Press: 05 September 2015
- Frontmatter
- Dedication
- Contents
- Foreword
- Acknowledgments
- 1 Introduction
- 2 Civil-Military Relations: From Theory to Policy
- 3 The Counterinsurgency Dilemma
- 4 Civil-Military Implications: The Demands of a Counterinsurgency Strategy
- 5 Legal Implications of Counterinsurgency: Opportunities Missed but Not Lost
- 6 Counterterrorism: The Unquiet Warfare of Targeted Killings
- 7 Civil-Military Issues in Targeted Killing by UAVs
- 8 The Legal Underpinnings for Targeted Killing by UAV: Framing the Issues
- 9 Opportunities for Stepping Forward
- 10 Cyber Attacks and Cyber Warfare: Framing the Issues
- 11 Implications for Civil-Military Relations in Cyber Attacks and Cyber Warfare
- 12 Legal Implications of Cyber Attacks and Cyber Warfare
- 13 International Cooperation on Training Wheels
- 14 Conclusion: The End Is the Beginning
- Index
Summary
Liber Scriptus proferetur
In Quo totum continetur
Unde mundus judicetur
The Written Book shall be brought
In which all is contained
Whereby the world shall be judged
Dies Irae from the Requiem Mass“Are you saying that a U.S. citizen targeted by the United States in a foreign country has no constitutional rights?” demanded Judge Rosemary Collyer of the Federal District Court of the District of Columbia on July 19, 2013. Facing her was Brian Hauck, a deputy assistant attorney general. “How broadly are you asserting the right of the United States to target an American citizen? Where is the limit to this?”
Then the judge answered her own question: “The limit is the courthouse door.”
The case was a civil action against four officials, including General David Petraeus, then Director of the Central Intelligence Agency (CIA), and Leon Panetta, then Secretary of Defense. The father of Anwar al-Awlaki brought the lawsuit. A terrorist leader of al-Qaeda in the Arabian Peninsula, al-Awlaki had been a master propagandist who allegedly inspired the mass shootings at the U.S. army base at Fort Hood, Texas, in 2009, and masterminded an attempted attack on an American airplane. His son was killed accidentally two weeks later in a drone strike against Samir Khan, a publicist in the same al-Qaeda offshoot.
Although Judge Collyer, a George W. Bush appointee who also sits on the Foreign Intelligence Surveillance Court, ultimately dismissed the case in April 2014, the lawsuit raised fundamental legal issues that have been the subject of ongoing debate regarding how U.S. laws are construed.
The judge's remarks also raised much broader issues about the nature of contemporary warfare and the changes in the roles of the military vis-à-vis the many different civilian actors with whom it works. This shift in roles has been especially dramatic since 9/11. Along with senior civilian leadership, Congress at the policy level, and diplomats and aid workers at the operational level, many more civilians are now relevant in any discussion of civil-military relations. They include the CIA in a paramilitary role; almost every U.S. federal government agency and many agencies at state and local levels; the U.S. courts; and a growing army of civilian contractors, many of whom are ex-military currently performing quasi-military roles
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- Borderless WarsCivil Military Disorder and Legal Uncertainty, pp. 1 - 14Publisher: Cambridge University PressPrint publication year: 2015