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International Law and the War on Terror

Category: National Security

John Yoo , James Ho

This paper analyzes two important legal questions raised by the terrorist attacks of September 11, 2001 and the subsequent United States response. First, did the attacks of 2001 actually start a war, or “international armed conflict”? Secondly, what legal rules should govern the treatment of the al Qaeda terrorist network and the Taliban that supported it? Answers to both of these questions greatly impact how the war is conducted and the treatment of those captured.  To access a copy of this document, please click here

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American Enterprise Institute The Federalist Society