Atelier de th茅orie du droit: Balancing Security and Liberty: Trying Foreign Enemy Combatants in Military Commissions
Soyez des n么tres pour un atelier de th茅orie du droit avec la professeure. Sari Kisilevsky (CUNY), qui parlera d'un article sur lequelle elle travaille actuellement qui traite des proc猫s de combattants ennemis 茅trangers par des tribunaux militaires.
"On Dec. 31, 2011, despite widespread controversy, President Obama signed the National Defense Authorization Act into law.1 Among other things, this legislation codified the government鈥檚 practice of detaining foreign enemy combatants without charge, and reaffirmed its policy of trying them in military commissions. The signing of this legislation, along with the recent targeted killing of an American citizen for engaging in terrorist activities, evidence of a secret 鈥渒ill list鈥� maintained by the President,3 and news that the US government is engaged in indiscriminate monitoring of people鈥檚 phone and internet activity are stark examples of the extent to which the US government will ignore legal procedure in its prosecution of the 鈥渨ar on terrorism.鈥�
There is no legal reason compelling the trial of foreign suspects in military commissions rather than federal courts; federal courts have the jurisdiction to try these foreigners accused of war crimes and terrorism suspects, and established rules for governing such trials. The primary justification that the government has offered is its need to 鈥渂alance鈥� Americans鈥� liberty against a heightened threat to security. In times of danger, the thought goes, the government must limit people鈥檚 liberty in light of this heightened threat in order to protect people from the increased risks to their security. I will call this the argument from balance. My aim in what follows is to evaluate its moral legitimacy with respect to the US government鈥檚 policy of trying enemy belligerents in military commissions rather than in federal courts."
La conf茅renci猫re
(En anglais seulement) Assistant Professor of Philosophy Sari Kisilevsky previously held the Pearl and Nathan Halegua Chair in Ethics and Tolerance. In addition to her affiliation with Jewish Studies at Queens College, Professor Kisilevsky is a scholar with CUNY School of Law, where she teaches philosophy of law, political philosophy, and ethics. She received the Faculty Publication Program Fellowship Award for the spring 2011 semester, and the college鈥檚 President鈥檚 Award for Innovative Teaching in 2010. Her presentations have included the Force and Freedom: Workshop on Arthur Ripstein鈥檚 Force and Freedom: Kant鈥檚 Moral and Legal Philosophy, organized with Martin Stone, Cardozo/New School and Lon Fuller鈥檚 The Case of the Speluncean Explorer to the Honors in Social Science 200. She served as Program Committee Chair (with Jonathan Peterson, University of Toronto) of Philosophy of Law and Social and Political Philosophy for Congress 2010 of the Canadian Philosophical Association. In 2011 she presented 鈥淪ecurity, Liberty, and Procedural Justice: Rethinking the Balance,鈥� at Nassau Community College, and 鈥淓asy Cases and Social Sources: Toward a New Defense of Legal Positivism,鈥� at The Nature of Law: Contemporary Perspectives, Mac- Master University, Hamilton, Ontario, Canada. Her publication of 鈥淓quity, Necessity and the Rule of Law,鈥� Proceedings of the 10th International Kant Congress, was published by de Gruyter publishers, Berlin.
Les ateliers
Les Ateliers de th茅orie du droit invitent de grands th茅oriciens du droit d'脿 travers le monde pour qu'ils viennent pr茅senter leurs recherches, ce qui donne souvent lieu 脿 des discussions des plus anim茅es. Tous les membres de la communaut茅 de la Facult茅 de droit sont convi茅s.
