Terrorism: Criminal Act or Act of War Implications for National Security in the 21st Century

摘要

There is no one logical determination for classifying all acts of terrorism, either as acts of war or criminal acts. In light of the predicted terrorist threat significant enough to threaten the survival of the nation (catastrophic terror), this determination is less a legal or academic exercise and more practically one based on how such a determination governs the paradigm (law enforcement or national security) we use to respond to the threat. More important is how that response protects our nation's interests and our status in the world community. Catastrophic terror makes relying solely on a law enforcement response a dangerous option. Yet reflecting on the changing strategic environment, an act of war determination in a legal classical sense is equally impractical. A new determination carrying the same weight as an act of war must be developed and accepted domestically and internationally to provide legal response options offering greater latitude to law enforcement and national security forces. This latitude will provide the means to better meet threats to national security in the 21st century.