Walen_HomelandSecurity_Fall_2010
Int’l Law
Customary
General practice
Out of thinking its legal obligation
Claims under the ATS
International norm
Clearly defined
Defining Terrorism
No international definition- no universal jurisdiction
General characteristics of Terrorism
Targets non-combatants
To label as foreign terrorist organization; U.S. gov’t has to prove:
Foreign organization
Evidence to support determination
Terrorist activity or org’s terrorism threatens the security of U.S. nationals, nat’l security of U.S.
Consequences of being labeled a terrorist
Not permitted to enter the U.S.
If you give them money,
As an individual-
As a state- No U.S. foreign aid.
Might be a permissible target under F.I.S.A.
If you have “substantial connections” to U.S., you can dispute this determination in court- can’t if you don’t
Due process afforded people in making designations
Notice
Meaningful opportunity to be heard.
Various definitions of Terrorism
Statute that forbids alien terrorists
Commits an unlawful act which is any of the following:
Hijacking or sabotage
Seizing, threatening to kill, injure, kidnap someone, in order to get someone else to do something or not do something.
Violent act on internationally protected person.
Use of
Biological, chemical, or nuclear agent
Explosive, firearm, or other weapon.
Threat, attempt, or conspiracy to do any of the above
Statute that provides criminal sanctions for int’l terrorism
Activities that violent acts or acts dangerous to life that are illegal in the US or would be criminal in the us
Appears to be intended
To intimidate or coerce a civilian population
To influence the policy of a government by I or C
OR to affect government conduct by mass destruction, assassination, or kidnapping.
And occurs pr
nal terrorism p. 514
FISA Judge has to find that:
AG had the power to do this
The federal officer who is making the request was approved by AG
FISA judge may grant if there’s probable cause that:
Target is a foreign power or an agent of foreign power
All the places where the electronic surveillance is to be used will be used by the target.
If U.S. Person
Can’t be deemed a foreign power or agent of foreign power because of stuff protected in 1st Amendment
The facts can’t be CLEARLY erroneous
Use minimization procedures.
Minimization Procedures
Minimize the acquisition and retention of, and the release of nonpublic information about U.S. persons.
