Course Home Page for National Security Law

Spring 2009
Law No.: LAW4608
Sched. No.: 401c9

National Security Law
Section 0001
X
Moore, John

Administrative Information:

Days, Times (Room):	M W, 1540-1700 (SL 262)
Credits:	3	Type:	Lecture
Capacity:	64^{This information is current as of}^{08/29/2008 01:58:47 AM}^
Current Enrollment:	39 ^{This information is current as of}^{08/29/2008 01:58:47 AM}^

Course Description:

Following the 9/11 attack, one of the fastest growing areas of legal inquiry has been national security law. This course is a comprehensive introduction, blending relevant international and national law. It begins with an overview of modern theory about the causes of war including democratic peace, deterrence, and incentive theory. The course then examines the historical development of the international law of conflict management. It takes up institutional modes of conflict management, including the U.N. system and the role of the Security Council, and regional systems such as NATO and the OAS. Addressing the lawfulness of using force in international relations, i.e., jus ad bellum, the course discusses defining “aggression,” low-intensity conflict, terrorism, humanitarian intervention, anticipatory defense, “pre-emption,” and other continuing problems. It then examines several case studies including the Indochina War, the “secret war” in Central America, the Gulf War, Kosovo, Afghanistan (the global war on terror), and the Iraq War, as well as case studies in U.N. peacekeeping and peace enforcement (including the former Yugoslavia, Somalia, Haiti, and Rwanda). It examines human rights for contexts of violence, that is, the norms concerning the conduct of hostilities, i.e., jus in bello, providing an overview of the protection of noncombatants and procedures for implementation and enforcement. It looks at war crimes and the Nuremberg principles, and the new International Criminal Court as well as the Yugoslav and Rwanda tribunals. It briefly reviews American security doctrine, then turns to the general issues of strategic stability and arms control, examining nuclear, chemical and biological weapons and their effects, and arms control agreements. It examines the national institutional framework for the control of national security, including the authority of Congress and the president to make national security decisions, the war powers and constitutional issues in the debate on interpretation of the Anti-Ballistic Missile Treaty. The course then examines the national security process including the national command structure, and looks at secrecy, access to information, and the classification system. It reviews intelligence and counterintelligence law, individual rights and accountability as they interface with national security, and ends with an overview of the new law of homeland security. Individual power point modules are offered in the course segments concerning modern theory about the origins of war, terrorism, the Vietnam War, intelligence law, individual rights vs. national security, the national security process, and homeland security. The course typically invites one or more experts to meet with the class on contemporary issues. It is expected again this year that one such expert may be a top former CIA officer discussing the role of the CIA.

COURSE REQUIREMENT: Examination