The Legality of Governmental Responses to Terrorism and the Dichotomous Characterization of Terrorists as Criminals or Enemy Combatants


This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.


Civil Law | Constitutional Law | Criminal Law | Criminal Procedure | International Law | Military, War, and Peace

Date of this Version

February 2006