376.01 Combatants, Brigands, Rebels, and States: The Law of Transnational Terrorism

Since September 11, 2001, transnational terrorism has been treated as both crime and war.  Accordingly, the U.S. and other states have targeted members of Al Qaeda and associated forces in major military operations and in surgical strikes, captured and held such persons as law-of-war detainees, and prosecuted suspected members of such groups for terrorism offenses and war crimes, in civilian courts and military tribunals. 

This course will examine these developments in historical perspective, and will analyze their implications for the interstate system (focusing on the law of state responsibility), the law of war (in particular, combatant and civilian status and associated protections), and the structures of the U.S. Constitution governing war, crime, and military jurisdiction.

Grades will be based on the quality of weekly (3-page) briefings, practical simulations, and class participation.

Fall 2021

Course Number Course Credits Evaluation Method Instructor
Course Credits
Series of Short Analytical Papers
Practical exercises
Class participation
Madeline Morris
Sakai site: https://sakai.duke.edu/portal/site/LAW.376.01.F21
Email list: LAW.376.01.F21@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - LLM-ICL
Course Requirements - Public Interest
Course Areas of Practice
Course Areas of Practice