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This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that 'homeland security' is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology. -- Provided by publisher.

Terrorism --- Prevention --- Law and legislation --- TerrorismPrevention --- Terrorism - Prevention - Law and legislation - United States --- Terrorism - United States - Prevention

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In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.

Military law --- Terrorism --- Civil-military relations --- Asymmetric warfare --- Civil war --- Cyberspace operations (Military science) --- Military Law - U.S. --- Law - U.S. --- Law, Politics & Government --- Armed Forces --- Law, Military --- Military administration --- National security --- Cyber war (Military science) --- Cyberwar (Military science) --- Cyberspace warfare (Military science) --- Cyberwarfare (Military science) --- Offensive cyber operations (Military science) --- Military art and science --- Civil wars --- Intra-state war --- Rebellions --- Government, Resistance to --- International law --- Revolutions --- War --- Law and legislation --- Prevention --- Asymmetric warfare. --- Civil war. --- Military law - United States --- Terrorism - Prevention - Law and legislation - United States --- Civil-military relations - United States --- Asymmetric warfar

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After 9/11, American officials authorized numerous contentious counterterrorism practices including torture, extraordinary rendition, indefinite detention, trial by military commission, targeted killing, and mass surveillance. While these policies sparked global outrage, the Bush administration defended them as legally legitimate. Government lawyers produced memoranda deeming enhanced interrogation techniques, denial of habeas corpus, drone strikes, and warrantless wiretapping lawful. Although it rejected torture, the Obama administration made similar claims and declined to prosecute abuses. This work seeks to understand how and why Americans repeatedly legally justified seemingly illegal security policies and what this tells us about the capacity of law to constrain state violence.

Terrorism --- Administrative responsibility. --- Civil rights --- Human rights --- Rule of law. --- International crimes. --- National security --- War on Terrorism, 2001-2009. --- Supremacy of law --- Administrative law --- Constitutional law --- Basic rights --- Civil liberties --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Political persecution --- Administrative responsibility --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Liability (Law) --- Global Struggle Against Violent Extremism, 2001-2009 --- Global War on Terror, 2001-2009 --- GWOT, 2001-2009 (War on Terrorism) --- Terror War, 2001-2009 --- Terrorism War, 2001-2009 --- War against Terrorism, 2001-2009 --- War on Terror, 2001-2009 --- Military history, Modern --- World politics --- Afghan War, 2001 --- -Iraq War, 2003-2011 --- Operation Enduring Freedom, 2001 --- -Crimes, International --- International crime --- International offenses --- Crime --- Prevention --- Law and legislation --- Government policy --- Afghan War, 2001-2021 --- Iraq War, 2003-2011 --- Crimes, International --- -Basic rights --- Terrorism - Prevention - Law and legislation - United States --- Civil rights - Government policy - United States --- Human rights - United States --- Rule of law --- International crimes --- National security - Law and legislation - United States --- War on Terrorism, 2001-2009