Even in the chaotic aftermath of the attacks of September 11, 2001, one thing was abundantly clear: the American counterterrorism strategy of the 1990s, which had made prosecution in the criminal justice system the primary method for responding to the international terrorist threat, had failed. A new approach was needed. It was essential that any new paradigm involve not only a strategy for taking the fight to the terrorist network by militarily attacking its overseas redoubts, but also a rethinking of how captured terrorists should be handled.

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