Gulag: A History

(37) APPLEBAUM, supra note 1, at 576 (claiming that "[c]onfusion is already rife" concerning the Cold War's purpose).

(38) The degree to which this ideology might have crept into Gulag is also problematic. See Lynne Viola, The Gray Zone, NATION, Oct. 13, 2003 (reviewing ANNE APPLEBAUM, GULAG: A HISTORY (2003)) ("It seems ... at worst hubristic to exploit the gulag in an effort to rewrite the cold war and create a usable past for the supposed victory of the West....").

(39) See APPLEBAUM, supra note 1, at 577.

(40) See id. at 575-77.

(41) See Clark, supra note 35 (explaining that since 11 September 2001, our government has been increasingly willing to overlook brutality from allies in the GWOT).

(42) See Hamdi v. Rumsfeld, 542 U.S. 507, 510, 518 (2004) (explaining that the Authorization for the Use of Military Force in 2001 allowed the President to use "all necessary and appropriate force" in response to the terrorist incidents of September 11, 2001, and thereby authorized detention of enemy combatants as a "fundamental and accepted ... incident to war").

(43) See APPLEBAUM, supra note 1, at 5-6, 102 (explaining that the term was a malleable classification that swept in vast numbers of seemingly innocent Soviet citizens).

(44) AMNESTY INTERNAT'L, ANNUAL REPORT OF AMNESTY INTERNAT'L: UNITED STATES OF AMERICA (2005), available at http://web.anmesty.org/report2005/usa-summary-eng (accusing the United States military of managing the secret detentions of persons with "high intelligence value" at undisclosed locations around the world).

(45) With respect to the "enemy combatant" issue, Applebaum might have already sent the manuscript for Gulag to print before widespread allegations of Guantanamo Bay (GITMO) prisoner abuse surfaced. But in an op-ed piece responding to Amnesty International's "gulag of our times" comment in June 2005, Applebaum primarily distinguished GITMO from the Gulag as a matter of scope and degree. Anne Applebaum, Amnesty's Amnesia, WASH. POST, June 8, 2005, at A21, (noting, in response to Amnesty International's criticism, that because U.S. military detention centers are not "intrinsic to our political system," they are "not 'similar in character' to the gulag at all"). Notably, Applebaum's response failed to specifically address Amnesty's narrow concerns of incommunicado detentions without due process, which was certainly a staple of the Gulag system, Id.

(46) APPLEBAUM, supra note 1, at xxiii.

MAJOR WILLIAM J. DOBOSH, JR. (2)

(2) U.S. Army. Written while assigned as a student, 54th Graduate Course, The Judge Advocate General's Legal Center and School (TJAGLCS), U.S. Army, Charlottesville, Virginia. I appreciate the efforts of Major Scan Watts, Professor, International and Operational Law Department, TJAGLCS, and Ms. Tahseen F. Ali, Esq., who contributed insightful editorial comments during pre-publication rewrites of this review.

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