Article

The forever war, in the hands of others : tracing the real power of U.S. law and policy in the war on terror

Chris Rogers

• Columbia human rights law review, Vol. 47, no.3, 2016, p. 78-133

English

Photocopies. - Source : https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/colhr47&id=696&men_tab=srchresults (last accessed on 10.06.2020)

Through two in-depth case studies on Afghanistan and Pakistan, this article traces the influence of the United States and the U.S. Forever War, specifically relating to the United States’ use of administrative detention and targeted killings, on political interests, conditions, policymakers’ decision making, and civil society at national levels. These qualitative, in-depth case studies illuminate the complex national-level political, legal, historical, and social forces at play. In particular, this article examines the role civil society can play in mitigating the harmful effects of the U.S. Forever War on international law, domestic law, and state practice. The article concludes that the U.S. Forever War is less often a model directly transferred to other states than it is a foil for national and local actors - but one that nevertheless enables such actors to undermine traditional human rights and humanitarian law protections.

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