Gregory S. McNeal: Commentary at the intersection of law, policy, and culture.

Direct Action Against Alleged Terrorists

— Posted under Blog, Law, Terrorism on March 23, 2009

The January/February issue of the American Bar Association’s National Security Law Report, a publication of the Standing Committee on Law and National Security is now available on-line. 

In this issue we feature three contributions which address the important topic of direct action against alleged terrorists and the legal framework which should govern in those circumstances. 

First, David Luban (Georgetown University Law Center) and Amos N. Guiora (University of Utah, S.J. Quinney College of Law) debate the legal framework applicable during the recent conflict in Gaza. Professor Luban asks “Was the Gaza Campaign Legal?” while Professor Guiora suggests a new legal framework which he terms “Proportionality ‘Re-Configured’.” 

Also, Sarah Miller (Harvard Law School), winner of The ABA Standing Committee on Law and National Security’s 2008 Student Writing Competition, pens an essay entitled “Covert Action and the War on Terror: Reconciling Secrecy and Public Legitimacy” in which she examines the current legal framework governing covert action and makes the case for transparent guidelines. 

Check it out here.  If you’re interested in proposing your own article or debate for an upcoming issue, please contact me here

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