Between Rules of War and Rule of Law

This book examines the legitimation practices of Presidents Bush and Obama in the transformation of detention norms in the war on terror. The focus is on the conflict between the US use of force and the commitment to protective norms of legitimate force. The central question is how both presidents used legitimation to justify normative changes in detention law, especially indefinite detention. The study analyzes strategic legitimation activities in the security policy discourse in which norms of legitimate violence shift from containing it to enabling it. The approach combines IR norms research and international law with a pragmatic-abductive method. Using case studies, event analysis and speeches, it examines how Bush and Obama used legalization and justification strategies to transform norms in the Guantanamo case. The resulting patterns lead to a concept of strategic practices of legitimation to justify violence in breach with international law.

Introduction. - Legitimacy, Legitimate Violence, and Legitimation in the War on Terror. - Transformation of Violence-Regulating Norms. - Research Design: Building Theory from Cases. - Indefinite Detention in Guantanamo Bay Detention Camp. - Towards a Practice of Legitimation. - Practices of Legitimation Towards Building Theory. - Conclusion.