Law of War: U.S. Government in a Dilemma of its Own Making

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One of the most complex issues related to the “Global War on Terror” that has confronted policy makers, military commanders, legal advisors, and even federal courts has been determining where the “battlefield” in this war starts and ends. This is not surprising. The characterization of the struggle against international terrorism as a “war” by the United States had the effect of forcing the proverbial square peg into the round hole. The law that had evolved up to Sept. 11, 2001 to regulate “war” had simply not addressed a military struggle between the armed forces of a nation-state and operatives of […]

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