All posts by Miriam R. Estrin

Miriam R. Estrin is a Postdoctoral Associate at Yale Law School.

Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism

This article explores the tension between the policy objectives of United States counterterrorism efforts (deterrence, incapacitation, and intelligence gathering) and the traditional legal frameworks used to justify them (the law of war and the criminal justice model). All three branches of government, the author urges, have worked at cross-purposes in developing a counterterrorism policy that sacrifices legality and principle. A better approach would be to adopt a hybrid, flexible framework that recognizes that terrorism is a serious threat requiring the use of the law of war in some cases but protects against government overreach by relying on the best instincts of the criminal justice model and its promotion of our core values of freedom and liberty.