Terrorism Analysis and Holder v. Humanitarian Law Project: The Missing Element

Georgia Wralstad Ulmschneider and James M. Lutz

Terrorism and Political Violence, 2019, vol. 31, issue 4, 800-816

Abstract: The decision in the case of Holder v. Humanitarian Law Project raised important issues about civil liberties in the United States (2010), including freedom of speech and freedom of association, in relation to U.S. foreign policy actions. While the decision has the potential to infringe on certain liberties, the decision itself was based on very limited information on the nature of terrorism, the foreign terrorist organizations involved, and the processes by which terrorist groups can be induced to peacefully re-enter domestic political systems. There are also concerns about what can be the arbitrary designation of groups as foreign terrorist organizations. These issues raise serious questions about the role of the Supreme Court in the overall political system and judgments in cases involving terrorism and foreign policy.

Date: 2019
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DOI: 10.1080/09546553.2017.1289089

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