Public Law 107-56 Is Public Research Paper

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In practice, the use of various provisions of PL 107-56 did not conform to required protocols, demonstrated the difficulty of ensuring proper adherence to intended safeguards against misuse, and, in fact, included numerous instances where government agents misused provisions intended to address terrorism for acts of political persecution and to intimidate public critics of the U.S. government (Huffington Post, 2009).

Should terrorism be treated as a criminal act or an act of war?

There are good reasons for both approaches as well as equally good reasons for arguing against both approaches. To the extent that terrorism is perpetrated by state-actors, it is appropriately prosecuted as an act of war. However, it is highly impractical (and logically indefensible) to treat lone terrorists or autonomous extremist groups who commit acts of terror as enemy combatants under the Geneva Convention, which would be required if terrorism were prosecuted as a war (Larsen, 2007).

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Among other considerations, declaring war against terrorist groups would also authorize them, under international law, to use offensive attacks in that war. Perhaps the best approach would be to create a third category analogous to the old British concept of "outlaws" and to the way the international community treated pirates on the high seas throughout the 17th and 18th century. In both cases, certain types of unlawful or terrorist-like acts exempted the British government and the international community from protections of law ordinarily afforded to criminals and permitted the use of warlike tactics (including summary execution on site) against them (Larsen, 2007)......

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