Law and the Long War: The Future of Justice in the Age of Terror
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An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of TerrorAmerica is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end. The Washington Post - Michael J. Glennon Those who like what the president and Congress have done since 9/11 probably will like many of Wittes's ideas. Those who like what the courts have done probably won't. All will profit, however, from his evenhanded and elegantly written analysis. The continuing challenge posed by Salim Hamdan (and many others like him) is to ensure protection against both terrorism and the government itself. That will require painful tradeoffs. Agree with Wittes or not, his effort to get the balance right is a must-read in the contemporary literature about reconciling security and freedom.
Introduction 11 The Law of September 10 192 The Administration's Response 443 The Real Guantanamo 724 The Necessity And Impossibility of Judicial Review 1035 The Case for Congress 1316 The Twin Problems of Detention And Trial 1517 An Honest Interrogation Law 1838 Surveillance Law for a New Century 219Conclusion 256Acknowledgments 266Notes 270Index 302
