An atmosphere of crisis enhances the power, especially of the Executive Branch, to frame and shape the characterization, understanding, and reality of conflict. This Article addresses the language, rhetoric, status, and legality of “war” by examining the complexity of decision-making for policy-makers in the aftermath of the terrorist attacks of September 11, 2001. It does so by looking both inward, examining presidential war rhetoric in the United States, and outward, analyzing the experience of democratic states with the legal construct of “emergency” and “war” under the relevant international human rights treaties.
|Journal||Cornell Journal of Law and Public Policy|
|Publication status||Published - Jan 2014|
- Legality, War, Emergency, Crisis, International Human Rights