Counter-Terrorism Law and Practice: An International Handbook

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JULY 2007 • THE ARMY LAWYER • DA PAM 27-50-410 1 Time to Stand Up and Be Counted: The Need for the United Nations to Control International Terrorism Major Karin G. Tackaberry ! Terrorism is a global menace. It calls for a united, global response. To defeat it, all nations must take counsel together, and act in unison. That is why we have the United Nations . 1 I. Introduction Since September 11, the United States and many other nations have been engaged in the Global War on Terrorism. 2 The U.S. military has approximately 200,000 Soldiers, Sailors, Airmen, and Marines serving in Iraq and Afghanistan. 3 Each service’s Judge Advocate General’s Corps supports the Global War on Terrorism by providing “professional legal support at all echelons of command throughout the range of military operations” 4 and within other government agencies such as the Department of State. 5 In the Army, this legal support includes advice and services in international law, one of the core legal disciplines. 6 Although international law advice generally focuses on conduct in a full spectrum of missions and ensuring adherence to international treaty law and customary international law, 7 judge advocates may gain a greater understanding of daily activities in deployed areas by understanding the historical evolution of justifying war and the existing anti-terrorism treaties. 8 Since the beginning of civilization, great philosophers and scholars have struggled with the morality of war. In particular, these philosophers formulated guidelines in an effort to ensure a just cause for going to war. Despite these guidelines, the world faced The Great War thought to be the “war to end all wars.” 9 Close to twenty years later, World War II proved that perception to be wrong. 10 At the end of World War II, many nations joined together to prevent another global armed conflict. In 1945, fifty-one countries formed the United Nations (UN) as an organization for cooperation between ! Judge Advocate, U.S. Army. Presently assigned as Brigade Observer/Controller/Trainer, Joint Multinational Readiness Center, Hohenfels, Germany. LL.M., 2007, The Judge Advocate General’s School (TJAGLCS), Charlottesville, Virginia; J.D., 2000, Marshall Wythe School of Law at the College of William and Mary; B.S., 1994, U.S. Military Academy at West Point. Previous assignments include Platoon Leader and Company Executive Officer, 541st Transportation Company, Fort Campbell, Kentucky, 1995-1996; Executive Officer, Sabalauski Air Assault School, Fort Campbell, Kentucky, 1996-1997; Funded Legal Education Program, 1997-2000; Legal Assistance Attorney, Chief of Administrative Law, and Operational Law Attorney, 82nd Airborne Division, Fort Bragg, North Carolina, 2000-2002; Trial Counsel and Officer in Charge, Giessen Legal Center, 1st Armored Division, Giessen, Germany 2002; Claims Attorney, XVIII Airborne Corps, Fort Bragg, North Carolina, 2002-2003; Chief of Claims, 82nd Airborne Division, Operation Iraqi Freedom,
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