The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one.The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.

ForwardLieutenant General Charles N. PedeIntroductionJens David Ohlin & Mitt ReganPart I: The Framework Problem in Modern Conflict: Can we Still Distinguish War From Crime?Chapter 1. Non-State Actors, Terrorism, and the War Paradigm RevisitedSeth CanteyChapter 2. The Limits of Law and the Value of Rights in Addressing Terrorism: A Study of the UN Counter-Terrorism ArchitectureFionnuala N? Aol?inChapter 3. The Paradox of Discrimination: When More Violence Triggers Fewer Legal ConstraintsJens David OhlinChapter 4. Fighting Terrorism under All Applicable LawJoshua AndresenChapter 5. When Conflict Recurs: Classification of Conflict when Hostilities Break Out AnewLaurie BlankPart II: War as Criminal EnforcementChapter 6. Non-State Actors in a Post-War World: Conceptualizing War as Criminal EnforcementClaire FinkelsteinChapter 7. Urban Warfare: Policing ConflictKen WatkinChapter 8. Ratchet Down or Ramp Up? Contemporary Threats, Armed Conflict, and Tailored AuthorityGeoff CornChapter 9. Using Law as a Weapon Against Nuclear Proliferation and Terrorism: The U.S. Government's Financial Lawfare Against IranOrde F. KittrieChapter 10. Human Rights Law as an Alternative to Jus in BelloChristopher J. FullerPart III: Fighting Crime as WarChapter 11. National Security Policymaking in the Shadow of International LawLaura DickinsonChapter 12. Emerging Transnational Self-Defense Norms and Unrealized Liberal ValuesJohn DehnChapter 13. Finding Peace in the Law of WarLieutenant Colonel Bailey BrownChapter 14. From Armed Conflict to Countering Threat Networks: Counterterrorism and Social Network AnalysisTodd Huntley & Mitt ReganPart IV: crime and war: prosecuting terrorism and war crimesChapter 15. Counting the Ripples: The Challenge of Extraterritorial Jurisdiction to Prosecute Non-State ActorsEvan R. SeamoneChapter 16. Diversifying the Sources of Evidence in Terrorism Cases Before Criminal Courts in (Post-)Conflict and High-Risk Situations: The Role of The MilitaryBibi Van Ginkel, Christophe Paulussen, & Tanya MehraChapter 17. U.S. Military Prosecutions During Non-International Armed ConflictChris Jenks