National Security -- The Impact on U.S. Foreign Policy Arising from Private Actions Initiated Against Foreign Nations from Within the United States
Loading...
Authors
Twiss,Robert M.
Issue Date
2012-10
Volume
3
Issue
1
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
This paper looks at the potential for private actions initiated from the United States and directed against foreign nations to have an effect upon the foreign policy of the United States. The paper looks at the obligations of a nation-state to prevent its sovereign territory to be used to stage private terrorist acts against a foreign nation. The paper summarizes the neutrality and anti-terrorism statutes of the United States, which can be used to meet our obligations under international law. The paper then takes the position that the United States should enforce aggressively the domestic laws designed to prevent those private actions, which are directed against foreign governments and their residents. The United States is required by international law to take steps to prevent such military and terrorist operations from originating in the United States, and a failure to do so can have an adverse effect on American foreign policy. In addition, it is in the best interests of the United States to aggressively enforce these laws. The paper takes a different position than those who argue that enforcement of neutrality and anti-terrorism laws involve impermissible anticipatory prosecutions, which trespass on fundamental values of liberty or compromise the traditional role of culpability in criminal law.
Description
Citation
Publisher
Creighton University School of Law
License
Copyright