Counterterrorism Law

Extraordinary Rendition in U.S. Counterterrorism Policy

by Mark Murray

This article examines the United States Government policy of extraordinary rendition as a response to terrorism. The... more This article examines the United States Government policy of extraordinary rendition as a response to terrorism. The paper provides a working definition of the term, outlines why it has become controversial, and uses case studies to examine success and failures of extraordinary rendition in practice. The paper concludes with lessons learned—more specifically, policy amendments—that are necessary to keep extraordinary rendition as a viable tool for the Obama Administration and mitigate political fallout against the United States from both its allies and enemies. This paper argues that extraordinary rendition provides flexibility to policymakers to detain terrorists in cases where an attack may be forthcoming and when other approved legal processes are slow to react. Therefore, instead of ending extraordinary renditions altogether, the United States should reevaluate how it implements the policy on a tactical, operational, and strategic level and amend it based on the recommendations put forward in this article.

Terrorism, Security, and Liberty

by Eilidh Douglas

Dissertation written for the course of Advanced Higher Modern Studies whilst the author was a student at Carrick Academy, 2009.

Concentrating specifically on terrorism in the United Kingdom, this dissertation seeks not to answer the question of... more Concentrating specifically on terrorism in the United Kingdom, this dissertation seeks not to answer the question of security versus liberty, but to negate it. Using the judicial tests of necessity and proportionality, it assesses the case for the introduction of the recent counter-terrorism legislation, with comparison to existing criminal laws. It then turns to the treatment of terrorist suspects, to examine whether certain rights really are inalienable and universal, or whether exceptional circumstances determine differing prerogative. Finally, there is an examination of the everyday freedoms that terrorism legislation restricts, and an assessment of what extent the counter-terrorism measures themselves could pose a threat to democracy.

Humanitarian engagement under counterterrorism: a conflict of norms and the emerging policy landscape

by Dustin A. Lewis

Co-authors: Naz K. Modirzadeh, Dustin A. Lewis, and Claude Bruderlein, International Review of the Red Cross, Volume 93, Number 883, September 2011

This article identifies two countervailing sets of norms — one promoting humanitarian engagement with non-state armed... more This article identifies two countervailing sets of norms — one promoting humanitarian engagement with non-state armed groups (NSAGs) in armed conflict in order to protect populations in need, and the other prohibiting such engagement with listed ‘terrorist’ groups in order to protect security — and discusses how this conflict of norms might affect the capacity of humanitarian organizations to deliver life-saving assistance in areas under the control of one of these groups. Rooted in international humanitarian law (IHL), the first set of norms provides a basis for humanitarian engagement with NSAGs in non-international armed conflict for the purpose of assisting populations under their control and promoting compliance with the rules of IHL. The second set of rules attempts to curtail financial and other forms of material support, including technical training and co-ordination, to listed ‘terrorist’ organizations, some of which may qualify as NSAGs under IHL. The article highlights counterterrorism regulations developed by the United States and the United Nations Security Council, though other states and multilateral bodies have similar regulations. The article concludes by sketching ways in which humanitarian organizations might respond to the identified tensions.

Digital Diplomacy: Understanding Islam Through Virtual Worlds (12/10/09)

by Michael Russell

The Digital Diplomacy: Understanding Islam through Virtual Worlds project was lead by Rita J. King and Joshua S. Fouts who are both Senior Fellows at the Carnegie Council for Ethics in International Affairs. The project was funded by a grant from the Richard Lounsbery Foundation.

The idea for Understanding Islam through Virtual Worlds project was hatched with a very specific idea in mind: How... more The idea for Understanding Islam through Virtual Worlds project was hatched with a very specific idea in mind: How could people learn about other cultures in an authentic, experiential space — specifically, how could we learn about cultures that self-identified as Muslim? In turn, how could this information supplement or augment the physical world work of foreign policy and especially public diplomacy practitioners? Fouts and King chose the virtual world of Second Life as the platform for their research for many reasons, among them that it is the best international platform — more than 70% of its users are from outside the United States. The goal was to to see what they could learn about Islam — not by inviting particular people with particular perspectives into Second Life, but rather to follow the trail of what was already happening culturally in the space that might yield new insight about Islam.

The findings included a trilogy of actionable items available in digital format. By releasing three types of reports — policy recommendations, documentary video and graphic book — Fouts and King hoped to make what is still a very new medium as accessible as possible.

Terrorist Threat Construction and the Transition to Permanent British Counterterrorism Law

by Kathryn Fisher

Published in the Journal of Terrorism Research, Law Special Issue, Volume 2 Issue 3, November 2011 (full issue accessible via http://ojs.st-andrews.ac.uk/index.php/jtr)

After over two decades of renewing temporary counterterrorism laws in Britain from the early 1970s, making such... more After over two decades of renewing temporary counterterrorism laws in Britain from the early 1970s, making such measures permanent with the Terrorism Act 2000 was not necessarily a predictable or predetermined outcome. The Northern Ireland peace process was underway, the Labour party who had voted against temporary counterterrorism laws for over a decade was newly back in power, and historical context pointed to an inconclusiveness around how effective such laws actually were in reducing insecurity. In this article I argue a key element helping explain this transition from temporary to permanent counterterrorism law lies in how particular threat and referent identities were constructed in official British discourse. Drawing on empirical research from a relational-securitization analysis of official British discourses from the late 1960s to the present, this paper argues that processes of identity construction were essential to introducing and justifying the Terrorism Act 2000. The deployment of particular threat and referent labels established in discourse before events such as 9/11 or 7/7, such as “international” terrorism, helped enable the shift in counterterrorism law from temporary emergency response to permanent policy practice.

A Typology of Responses to Terrorism

by Shawnna Robert

Adapted from part of a master thesis for the Department of Government at Uppsala University June 2011

Numerous authors compare or describe national responses to terrorism by using typologies. This paper synthesizes this... more Numerous authors compare or describe national responses to terrorism by using typologies. This paper synthesizes this prior work into a typological framework. The basis for the framework emerged when mapping the different claims of each author and noticing a distinct dearth of variance among how the authors described the characteristics of three traditional models of responding to terrorism. A proper mapping of this information revealed crucial holes in the typologies. A thorough search for studies and papers revealing the nature of the three models helped to resolve these questions. The framework includes the views and definitions from twenty-seven articles, books, and other sources originating from a range of scholastic backgrounds including political science, military studies, criminology, and law.

Countering Planned Terrorism: How Do Different Responses Impact International Relations?

by Shawnna Robert

A thesis towards completion of a master in politics and international studies at Uppsala University.

Using response typologies, this thesis describes differences in evidentiary requirements when using the criminal... more Using response typologies, this thesis describes differences in evidentiary requirements when using the criminal justice system to prosecute individuals who plan terrorism before an attack occurs. It describes how Sweden and the U.S. use traditionally recognized responses to terrorism differently. It also explores how this difference potentially affects the status of Sweden as a Visa Waiver Program country. The findings show that differences in requirements for evidence used against a suspect in a trial reveal that each country prefers to respond to terrorism planning differently. A review of the implications of this difference suggests that authorities in the U.S. may have grounds to interpret this difference as a reason to terminate Sweden from the Visa Waiver Program. The study concludes with a discussion of the importance of focusing on more than written law when drafting international laws that intend to increase international cooperation and security drafting.

Can Counter-Terrorist Internment Ever be Legitimate?

by Fiona de Londras

(2011) 33(3) Human Rights Quarterly 593-619

Counter-terrorist internment is generally rejected as illegitimate from a human rights perspective. However, while the... more Counter-terrorist internment is generally rejected as illegitimate from a human rights perspective. However, while the practice of counter-terrorist internment has long resulted in the infringement of human rights, this article argues that the concept of internment holds some potential for legitimacy. This potential can only be realized if four legitimacy factors are fully embraced and complied with: public justificatory deliberation, non-discrimination, meaningful review, and effective temporal limitation. Outlining these factors, this article imagines a system of internment that is legitimate from a human rights perspective and can serve both real and pressing security needs, and rights-based legitimacy needs.

Countermeasure Policies Against Terrorism of the United States and the United Kingdom and their Implications to Democracy

by Marco Angelo Eugenio

A graduate research paper on Comparative Politics

After the September 11 (henceforth 9/11) terror attacks to the United States, world politics changed its course and... more After the September 11 (henceforth 9/11) terror attacks to the United States, world politics changed its course and left the world’s fate to the hands of the powerful democracies to defend each vulnerable state. 9/11 marked the birth of a new breed of enemies; that are, not confined to the common boundaries of a state but performs its masterful orchestration of terror within their enemy’s domicile. Financial, moral, civil, and even religious support towards the alleged “freedom fighters” of godless and ruthless belief that goes beyond any religion existing comes from states, communities, and individuals all over the world; thus, the concept of territorial boundaries declined. Many theories and speculations were made as to why do these “freedom fighters” commit such acts of terror – anti-Zionism, economic envy, politico-economic difference, to name a few. States all over the world were awaken, or even shocked, by how damaging these terrorist could be by using immoral, unethical, and seemingly illogical means of conveying their rebellion. It forced democracies to collect sticks and drop their carrots for their enemies are not rabbits enticed to the crops grown on Western soil – they are anti-democracy, anti-capitalism, and anti-Christianity.
Democracies geared themselves on a war beyond the moral restrictions of what a conventional society has. Their enemy knows no moral standards parallel to what the American, European, and Asian democracies. To be able to win this war, stricter, stronger, and more unconventional countermeasures must be used; thus, there will be no vestiges for the enemy to act freely and feel invincible.
But terrorism is primarily, as this research would prove, not against western religion and western economic prominence per se. Terrorism is used by non-democratic entities to prove that democracy, product and pride of the Western civilization, can fail. In anticipation for the reverse wave and of the fourth wave of global democratization, 9/11 and the attacks thereafter, terrorist groups were able to challenge democracy’s stability and effectiveness. Though these groups aren’t offering any alternative to democracy, it provides an acid bath to the widely accepted concept of governance and let the world see how it will survive. It is both an opportunity and a threat. To be able to expand democracy’s wingspan, established democracies must elicit a democracy that works.

Struggling with the Challenges of Right-Wing Extremism and Terrorism within Democratic Boundaries: A Comparative Analysis

by Ami Pedahzur

Studies in Conflict and Terrorism, 2001.

A Tertiary Model for Countering Terrorism in Liberal Democracies: The Case of Israel

by Ami Pedahzur

Terrorism and Political Violence, 2001. Co-authored with Magnus Ranstorp