XX. International Criminal Law Aspects of the War Against Terrorism

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XX. International Criminal Law Aspects of the War Against Terrorism

Panel IV - Bringing Terrorists to Justice: The Proper Forum  Moderator:

Professor Harvey Rishikof Roger Williams University School of Law  Presenters:

Lieutenant Colonel Michael Newton Judge Advocate, US Army Office of War Crimes Issues US Department of State  Professor Christopher Greenwood London School of Economics and Political Science  Commentators:

Colonel Manuel Supervielle Judge Advocate, US Army Staff Judge Advocate US Southern Command  Mr. Daniel Helle Deputy Head ICRC Delegation to the United Nations  XX. International Criminal Law Aspects of the War Against Terrorism - Michael Newton.

of the United States, took charge of a nation torn between the possibilities of the new century and the uncertainty caused by the changing face of warfare. America was a new republic very much aware of its vulnerability, yet facing the future with faith built on dedication to the dual pillars of peace through justice and peace through strength.2 As President Jefferson rose to deliver his inaugural address, America faced a new century filled with new dangers and unfolding challenges that threatened to erode the very foundations of our liberty and collective peace. His inaugural message was rooted in our democratic values, yet articulated an American vision to propel us forward as a nation of purpose and principle in the international arena.

1. Lieutenant Colonel Newton is an Assistant Professor of Law at the US Military Academy at West Point. He may be reached at michael.newton@usma.edu. The opinions and conclusions of this paper, as well as its flaws, are solely attributable to the author. They do not necessarily reflect the views of the Judge Advocate General, the United States Military Academy, the United States Army, the United States Department of State, or any other federal entity.

2. Robert F. Turner, State Sovereignty, International Law, and the Use of Force in Countering LowIntensity Aggression in the Modem World, in LEGAL AND MORAL CONSTRAINTS ON LOWINTENSITY CONFLICT, 44 (Alberto R. Coll, et al. eds., 1995), (Vol. 67, US Naval War College International Law Studies).

Summarizing the themes that would guide America through the uncertainties of a new era, President Jefferson began his speech by asserting the foundational principle of seeking '[e]qual and exact justice to all men, of whatever state or persuasion, religious or political.'3 President Jefferson portrayed a 'bright constellation' composed of nonnegotiable values that would combine to form the 'creed of our political faith' and serve as the touchstone for the future.4 He pointedly told the nation that 'should we wander from them in moments of error or alarm, let us hasten to retrace our steps, and to regain the road which alone leads us to peace, liberty, and safety.'5 After over two hundred years, these remain in many ways the core objectives for which we strive, albeit in a much more complicated and changed world.

The shock of the events of September 11 was a visceral kick to the consciousness of the world. Similar to the September 1972 kidnapping and murder of nine Israeli athletes participating in the Munich Olympics,6 these terrorist attacks were one of those rare galvanizing events that resonated across our globe. The attacks directed against America affected every culture, age group, religion, and corner of civilization. Though terrorism is not a new phenomenon, the September 11 attacks killed citizens of over 80 nations and stunned the world by their scope and savagery. In rallying the support of the American people for the campaign against the terrorist aggressors and explaining his vision for the strategic campaign against terrorism, President Bush 3. Thomas Jefferson, First Inaugural Address, March 4, 1801, reprinted in WILLIAM J. BENNETT,

THE SPIRIT OF AMERICA 347 (1997).

4. Id. Among the other principles that Mr. Jefferson promulgated were, peace, commerce, and honest friendship,...

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