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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Speech—Legal Issues in the War on Terrorism †

Speech—Legal Issues in the War on Terrorism †

(p.343) 26 Speech—Legal Issues in the War on Terrorism
Comparative Law as Transnational Law

John B. Bellinger

Oxford University Press

This chapter presents John Bellinger's speech on legal views and policy decisions with respect to the detention and treatment of terrorists, as these have evolved in the United States since September 11. His aim is to convey a sense of how far they have progressed in addressing the threat posed by al-Qaida as a legal matter. He says that just as the United States strengthens and clarifies its laws at home, now is the time for the international community to construct a common foundation to defend our nations and protect our freedoms. The bedrock of that foundation is an appreciation of the magnitude of the threat posed by al-Qaida, and the need, in some instances, to use military force to combat that threat. Domestic criminal law does not itself adequately address the threat posed by this enemy. Military force is not the right answer against all enemies everywhere. In the face of a threat as grave as that of al-Qaida, appreciating that military force can be appropriate may pave the way for an intensified dialogue as we move forward.

Keywords:   John Bellinger, United States, terrorists, 9/11, detention, defense policy, military force, al-Qaida

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