Combating Terrorism in Comparative Perspective (21263). 3 units. This course explores the contemporary complex challenges that democracies face in their fight against terrorism. These include terrorist kidnapping, torture, targeted killings, secession, the right to bear arms, death penalty, political boycott, suicide terrorism, hate speech and incitement to terrorism, and immigration. The course will focus on assessing the legal means that states may use in times of emergency in general – and specifically when combating terror – in light of constitutional and international law. We will employ ethical and comparative analyses using the US, Europe, Canada and Israel as case studies. We will reveal fascinating dialogues within countries and between countries on these issues.
We will be dealing with current issues, including how to deal with terrorist kidnapping, what methods of investigation are allowed when confronting ticking bombs, when is the use of targeted killings and drone strikes allowed, what special constitutional tools do democracies employ to combat secessionist forces, what is the theory of militant democracy and how is it used to deal with terrorist political parties, does the death penalty amount to torture, how exceptional is the right to bear arms and can it be justified today, what are the legal challenges states face when using boycott against other states and individuals, what are the similarities and differences between domestic terrorism and hate crimes, how should we treat hate speech vs. incitement to terrorism, how does terrorism reshape immigration policies in the context of family unification cases, how to redesign emergency regimes to deal with terrorism, does coerced feeding amount to torture when dealing with terrorist leaders’ hunger strikes, does house demolition of a suicide bomber amount to collective punishment, and what are the restrictions on the use of detention against terrorist suspects. Self-scheduled examination. R. Weill.
Grade mode: graded CRN: 23807
Exam: 4/30/2018 - 5/14/2018 Questions available online Name or Id: Id