Summing up their history of the statutory Inspector General at the CIA, the authors conclude that “The ‘independent watchdog’ of a statutory IG did not expose major shortcomings that otherwise would have gone unnoticed.
Liberty, Terrorism, and Laws of War | This issue includes analysis of Germany’s and China’s responses to national security threats and international efforts to establish counterterrorism standards.
It is impossible to have a meaningful debate over whether a civilian court or a military commission is a more appropriate forum for trying terrorism suspects so long as serious questions remain over whether the commissions may constitutionally exercise jurisdiction over particular offenses and/or offenders.
The assessment of facts to determine if peacetime law or the law of armed conflict is the correct choice involves the same analysis used in resolving other choice of law questions. Lawyers and judges constantly make choice of law decisions.
The practical consequence of the Constitutional Court’s balancing approach to maintain both security and liberty has been a shifting jurisprudence, a fact that is bound to buoy and bother American conservatives and progressives in equal measure.
China’s legal approach to national security threats, and emergency situations in general, is more complex and subtle and thus richer in implications for comparative law and for understanding transnational legal influence.