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.
Category: Terrorism and Counterterrorism
‘This Is Not Your Father’s War’ Confronting the Moral Challenges of ‘Unconventional’ War
On Tuesday, November 4, 2008, Paula Loyd, assigned to U.S. Army team AF-4 Blue, was conducting interviews among the local population in the small village of Chehel Gazi in southern Afghanistan. According to witnesses, she approached a man carrying a fuel jug, and they began discussing the price of gasoline. Suddenly the man, Abdul Salam, doused her with the fuel in his jug and set her on fire. She suffered second- and third-degree burns over sixty percent of her body. Tragically, Paula Loyd died of her injuries a few weeks later, in early January 2009.
The “War on Terror” Is Over — Now What? Restoring the Four Freedoms as a Foundation for Peace and Security
The so-called “war on terror” has ended. By the end of his first week in office, President Barack H. Obama had begun the process of dismantling some of the most notorious “wartime” measures. A few weeks before, recently reappointed Secretary of Defense Robert M. Gates had clearly forsaken the contentious label in a post-election essay on U.S. strategy in Foreign Affairs. Gates noted this historic shift in an almost offhanded way: “What is dubbed the war on terror is, in grim reality, a prolonged, worldwide irregular campaign – a struggle between the forces of violent extremism and those of moderation.” At the same time, the Obama administration is taking care to reconfirm its commitment to defending the United States and its interests against the threat of radical Islamists, among others. However, because it is hard to replace something with nothing, this article argues that the President should go further and offer a positive formulation – based on good law as well as sound policy – of how he will lead us to a “future of peace and dignity.” He should restore Franklin D. Roosevelt’s Four Freedoms to a central place in the nation’s grand strategy.