After Guantanamo: War, Crime, and Detention

Neither the law of war nor the criminal law, alone or in combination, provides an adequate legal structure for responding to the most serious threats posed by Al Qaeda and similar groups. After identifying the limits of the criminal law and the law of war for these purposes, this article outlines a comprehensive proposal for counterterrorism prosecution and detention policy. Appended to the article is the draft Counterterrorism Detention, Treatment and Release Act. The legislation proposed: 1) defines the category of persons to be subject to detention; 2) delineates procedures for identifying individuals falling within that category; 3) provides a system for the appeal and periodic review of detention determinations; 4) prescribes standards of detention; and, 5) specifies criteria for and conditions of release. It contains provisions for application of the Act in the territorial U.S. and abroad, in theaters of hostilities, and otherwise. The draft legislation provides the requisite legal foundation and procedural framework for protection of national security while upholding constitutional principles, complying with the law of war, and safeguarding against erroneous detention. It is applicable equally to the disposition of the detainees currently at Guantanamo as to other instances of counterterrorism detention, elsewhere or in the future. The legislation proposed thus provides a mechanism for resolving the quandaries of Guantanamo in a principled manner, without the creation of ad hoc rules for special cases

After Guantanamo: War, Crime, and Detention

Neither the law of war nor the criminal law, alone or in combination, provides an adequate legal structure for responding to the most serious threats posed by Al Qaeda and similar groups. After identifying the limits of the criminal law and the law of war for these purposes, this article outlines a comprehensive proposal for counterterrorism prosecution and detention policy. Appended to the article is the draft Counterterrorism Detention, Treatment and Release Act. The legislation proposed: 1) defines the category of persons to be subject to detention; 2) delineates procedures for identifying individuals falling within that category; 3) provides a system for the appeal and periodic review of detention determinations; 4) prescribes standards of detention; and, 5) specifies criteria for and conditions of release. It contains provisions for application of the Act in the territorial U.S. and abroad, in theaters of hostilities, and otherwise. The draft legislation provides the requisite legal foundation and procedural framework for protection of national security while upholding constitutional principles, complying with the law of war, and safeguarding against erroneous detention. It is applicable equally to the disposition of the detainees currently at Guantanamo as to other instances of counterterrorism detention, elsewhere or in the future. The legislation proposed thus provides a mechanism for resolving the quandaries of Guantanamo in a principled manner, without the creation of ad hoc rules for special cases

Random-phase-approximation-based correlation energy functionals: Benchmark results for atoms

The random phase approximation (RPA) for the correlation energy functional of density functional theory has recently attracted renewed interest. Formulated in terms of the Kohn-Sham (KS) orbitals and eigenvalues, it promises to resolve some of the fundamental limitations of the local density and generalized gradient approximations, as for instance their inability to account for dispersion forces. First results for atoms, however, indicate that the RPA overestimates correlation effects as much as the orbital-dependent functional obtained by a second order perturbation expansion on the basis of the KS Hamiltonian. In this contribution, three simple extensions of the RPA are examined, (a) its augmentation by an LDA for short-range correlation, (b) its combination with the second order exchange term, and (c) its combination with a partial resummation of the perturbation series including the second order exchange. It is found that the ground state and correlation energies as well as the ionization potentials resulting from the extensions (a) and (c) for closed sub-shell atoms are clearly superior to those obtained with the unmodified RPA. Quite some effort is made to ensure highly converged RPA data, so that the results may serve as benchmark data. The numerical techniques developed in this context, in particular for the inherent frequency integration, should also be useful for applications of RPA-type functionals to more complex systems.Comment: 11 pages, 7 figure