International Law, Terrorism, National Security, Criminology, Economic Law, Administrative Law, Ethics, Existentialism, Philosophy of Law, Philosophy of Religion, Rules of War.
The Vietnamization of the Long War on Terror: An Ongoing Lesson in International Humanitarian Law Noncompliance
Boston University International Law Journal, Forthcoming
This essay rejects the conventional wisdom that post Vietnam military reforms adequately addressed the problem of U.S.... more
This essay rejects the conventional wisdom that post Vietnam military reforms adequately addressed the problem of U.S. noncompliance with international humanitarian law. Just as My Lai and Son Thang defines the nadir of America’s counterinsurgency in Vietnam, and the trio of Haditha, Abu Ghraib, and Operation Iron Triangle evoke our worst behavior in Iraq, the recent events of the 5th Stryker “kill team” brigade may come to symbolize our greatest failings in Afghanistan. The premeditated and deliberate killing of Afghani civilians reveals an indifference to human life that is utterly inconsistent with the premises of International Humanitarian Law and the deeply held values of the American military. In this short piece, I examine the Stryker kill team’s behavior to help build the knowledge and insight necessary to develop further reforms for military practices during the long war on terror.
The essay situates the 5th Stryker brigade’s troubling behavior within the military’s recent shift to counterinsurgency and highlights the suboptimal compliance conditions likely to bedevil the U.S. military during the long war on terror. Though the U.S. military successfully restructured its goals and reformed its behavior after Vietnam, at least three notable similarities remain. In particular, the military still: (a) abandons effective sorting strategies to exclude high risk soldiers when the demand for troops rises; (b) lacks adequate safeguards against leadership failures that allow a culture of disrespect for human life to fester; and lastly (c) faces only weak checks on its behavior as the result of domestic pressure. In identifying these factors, this essay seeks to help the military and other actors better target efforts to improve international humanitarian law compliance.
Keeping down the weeds: cannabis eradication in the developed world
by Gary Potter
Potter, G. (2011) “Keeping down the weeds: cannabis eradication in the developed world” in Tom Decorte, Gary Potter and Martin Bouchard (eds.) World Wide Weed: global trends in cannabis cultivation and its control. Ashgate: Aldershot.
The aim of this chapter is to consider the challenges to the eradication of cannabis cultivation around the world. We... more The aim of this chapter is to consider the challenges to the eradication of cannabis cultivation around the world. We pay particular attention to the challenges posed by indoor cultivation in the developed world, drawing on the situation in the UK as a case-study. We start (section two) with a brief consideration of the literature on cannabis cultivation around the world, focusing on the problems associated with the policing of cultivation. Section three draws on ongoing empirical research to explore cannabis cultivation in the UK. In both the literature and the empirical research we find that certain aspects inherent to the nature of cannabis cultivation make detection and eradication problematic. These difficulties are exacerbated by the various “adaptive responses” employed by cannabis growers to avoid or minimize the impact of law enforcement efforts (Farrell 1998). Section four considers these findings to illustrate the difficulties inherent in cannabis eradication efforts, whether in the developing or developed world, arguing that the difficulties involved in cannabis eradication are inherent in the act of cultivation, not the geographical or socio-economic context in which it occurs. The conclusion (section five) considers the implications of this analysis – the essence being that cannabis eradication efforts, especially if measured in absolute terms (i.e. against the stated goal of elimination of all illegal cultivation), are unlikely to ever be anything more than moderately successful.
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Seen by:Rendered Subjection: Representations of the neo-Oriental in Call of Duty: Modern Warfare 3
Beginning in late October 2003, and spanning a series of 8 games and counting, the Call of Duty franchise has... more
Beginning in late October 2003, and spanning a series of 8 games and counting, the Call of Duty franchise has established a reputation as the premier First-Person Shooter (FPS) on both PC and console platforms. Traversing a history from WWII to the modern "War on Terror," the Call of Duty franchise highlights significant global conflict from a vantage point of the exceptional American combatant. The franchise recently released Modern Warfare 3 (MW3) in November 2011, selling over 6.5 million copies on launch day and grossed $400 million in the U.S. alone in its first 24 hours. Modern Warfare 3 went on to gross $1 billion throughout the world in just 16 days of availability, making it the biggest entertainment launch of all time. Thus, Modern Warfare 3 represents a potent example of global military-entertainment consumption, and certainly seems to have more to say about the current economic, political, and international relations between nations and states. Through a close reading of MW3 as a text, I will explore questions including: How does MW3 represent the embodied “Other”? How are terrorist bodies corporealized in virtual spaces? How are these bodies rendered both visible and invisible? What spaces does the game privilege? Who has access to this structure of power? With these questions framing my research, I will look into the virtual geography that frames the logic of the game itself. I will engage various texts including The International Journal of Computer Game Research, Roger Stahl's book Militainment, Inc: War, Media, and Popular Culture, and Marcel O'Gorman's book Angels in Digital Armor: Technoculture and Terror Management, among many others. Through these texts I will begin to explore the intersections of technology, culture, the military, cultural economy, and border studies. Further, I will maintain a specific sensitivity to "neo-Orientalism," as the Middle-East has arguably been the primary focus of American economic and military interests since the end of the Cold War. Therefore, the purpose of this study is to examine how MW3 (re-)constructs the East, the Oriental, and the terrorist within its virtual game space, as well as the spatiality between reality and “virtuality,” and what this has to say about the current social, political, and economic agendas surrounding global conflict.
Keywords: American Empire, Orientalism, US Imperialism, Globalization, War-on-Terror, Bodies, Virtual Reality
"War in Pieces: AMIA and the Triple Frontier in Argentine and American Discourse on Terrorism"
The bombing of La Asociación Mutual Israeli-Argentina (AMIA) in Buenos Aires on July 18, 1994 was the deadliest... more
The bombing of La Asociación Mutual Israeli-Argentina (AMIA) in Buenos Aires on July 18, 1994 was the deadliest terrorist attack in modern Latin American history. Argentine journalists commonly refer to the event as the “greatest crime in Argentine history” and it remains unsolved. “La pista siria” or “the Syrian lead” is unique to Argentine media. This theory has concentrated on the role of corrupt local officials acting in conjunction with a notorious international crime syndicate from President Carlos Menem’s ancestral home in Syria. “La historia oficial” or “the official story” posits that an Iranian backed Hezbollah cell operating out of the Tri-Border Area carried out the attack. Introduced by US intelligence, this theory has remained the sole focus of American media. From interviews and archival research at AMIA and the municipal government offices and library of La Ciudad del Este, Paraguay, this article explores the discursive modes of inquiry behind these two leading theories and attempts to provide important background for this increasingly urgent topic of global interest.
11,000 words.
Fall 2010
In A Contracorriente
Slavery and Colonialism: The Worst Terrorism on Africa
by Mohamed Eno
Co-authored with Omar A. Eno, Mohamed H. Ingiriis, and Jamal M. Haji; Published in African Renaissance, Vol. 9, No. 1, 2012.
Humans need not justify terrorism of any kind, regardless of whether one is Muslim, Christian or Jew, because it is... more Humans need not justify terrorism of any kind, regardless of whether one is Muslim, Christian or Jew, because it is the axis of evil and devastation of mankind. However, the deliberate use of the term terrorism in recent decades was carefully selected, mainly, against a certain religion (Islam). The idea was then globally politicized by the Western world. Leaving that scholarly view in its own right, we disagree with the opinion raising terrorism as the devil’s just-born child of evil, when in reality Africans had been terrorized for centuries as slaves and human chattel. Hence the basis for the concept of this thesis: conceptualizing the episode of ‘terrorism’ and ‘terrorist’ from the broader perspective of its practice from the Middle Passage or the Atlantic Slave Trade. To portray that argument and broaden the scope of the debate over this critically sensitive subject, we divided the discussion into three sections: an examination of what constitutes terrorism and terrorist; history of terrorism and terrorists from an Africa perspective; and the ideological constraints within the subject of terrorism as practiced by the US and its Western allies.
Frederick, B. J. (2012). The marginalization of critical perspectives in public criminal justice core curricula. [in press at Western Criminology Review]
First presented at the Western Society of Criminology in Vancouver, B.C., February 2011
Although critical perspective courses in criminal justice programs have grown considerably since the 1960s, the... more
Although critical perspective courses in criminal justice programs have grown considerably since the 1960s, the failure of contemporary public criminal justice programs to require critical perspectives in their undergraduate core curricula threatens to leave students without a framework for discussion of these issues within the greater context of their degree programs. Students must thus look to the other social sciences to further their knowledge in these areas, thereby perpetuating the neglect of criminal justice departments to present these views. Within most academic criminal justice programs, preference is given to the administrative facets of the criminal justice system and the theories and methods of social scientific research; for this reason, even general discussions of critical topics are limited. Furthermore, because many elective courses
also focus on various aspects of the administration of justice, critical perspectives are conspicuously absent overall. This paper reveals the extent to which core, cognate, and other required critical perspective courses are marginalized within public criminal justice programs, and how, on average, private institutions require more of these courses.
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Seen by:Who Gives the Orders in the New Russian Military?
by Keir Giles
March 2012
The process of transformation of the Russian military, under way since 2008, is intended to turn the Armed Forces of... more
The process of transformation of the Russian military, under way since 2008, is intended to turn the Armed Forces of the Russian Federation from the atrophied remnant of the Soviet Armed Forces into a usable military tool for the 21st century. This includes radical reform of command and control systems at all levels up to the supreme command.
Previous conclusions on the nature of post-Soviet Russian military command and control systems may therefore no longer be valid. This is significant for Russia's overseas partners who wish to understand the nature of a potential Russian reaction to any challenge which can be interpreted as a military threat.
In particular, understanding of the division of responsibilities between the Ministry of Defence and the General Staff needs to be updated following the dramatic contraction of both bodies and redistribution of their functions.
The emergence of the Security Council of the Russian Federation as an additional body exerting control over the military also needs to be considered, when examining how decisions affecting the Armed Forces are made at the highest level.
Lower down the chain of command, the creation of the new Joint Strategic Commands also bears directly on the nature of decision-making on employment of forces, in ways which appear still debatable even within Russia but which are of critical importance for close neighbours of Russia.
The example of the early stages of armed conflict in Georgia in August 2008 could suggest that the Joint Strategic Commands are in part intended to ensure closer control over small units, in order to reduce the potential for independent and uncontrolled activity.
This paper seeks to introduce the new landscape of military decision-making in Russia, in order to raise key questions over the nature of the new command and control systems which are critical for a full understanding of how, when and in what manner Russia's Armed Forces may be used in the future.
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.
Surveillance Ethics
Article for Internet Encyclopedia of Philosophy
Introduction to history, terminology and concerns of surveillance ethics. Introduction to history, terminology and concerns of surveillance ethics.
Unblinking eyes: the ethics of automating surveillance
Published in Ethics and Information Technology
In this paper I critique the ethical implications of automating CCTV surveillance. I consider three modes of CCTV with... more In this paper I critique the ethical implications of automating CCTV surveillance. I consider three modes of CCTV with respect to automation: manual (or non-automated), fully automated, and partially automated. In each of these I examine concerns posed by processing capacity, prejudice towards and profiling of surveilled subjects, and false positives and false negatives. While it might seem as if fully automated surveillance is an improvement over the manual alternative in these areas, I demonstrate that this is not necessarily the case. In preference to the extremes I argue in favour of partial automation in which the system integrates a human CCTV operator with some level of automation. To assess the degree to which such a system should be automated I draw on the further issues of privacy and distance. Here I argue that the privacy of the surveilled subject can benefit from automation, while the distance between the surveilled subject and the CCTV operator introduced by automation can have both positive and negative effects. I conclude that in at least the majority of cases more automation is preferable to less within a partially automated system where this does not impinge on efficacy.
Soccer in Guantanamo – a duel between Republicans and Democrats
By James M. Dorsey
A row in the US Congress over Pentagon spending on a soccer pitch for suspected... more
By James M. Dorsey
A row in the US Congress over Pentagon spending on a soccer pitch for suspected terrorists incarcerated in Guantanamo focuses attention on the importance of the beautiful game to both the militants and their counter-terrorist detractors.
The $744,000 pitch outside a $39 million penitentiary-style building known as Camp 6 at the U.S. Navy base at Guantanamo Bay, Cuba is intended to reward the most cooperative of the facility’s 120 171 inmates. It builds on US efforts to employ soccer over the past decade as evidence that it complies with the Geneva Conventions and to reduce tensions between the militants and their wardens.
The pitch, set to be inaugurated next month once contractors have installed latrines and goals, is surrounded by guard towers and surveillance cameras and accessible by a secure walkway to reduce contact and conflict between the inmates and their captors.
It is also yet another example of the US government’s use of soccer in its battle for the hearts and minds of militants and their potential supporters. If soccer was a bonding and recruitment tool for jihadists across the globe, it could well serve to reinforce rehabilitation.
That is a notion that doesn’t go down well in an election year and at a time of economic crisis with President Barak Obama’s Republican opponents in the US Congress.
"Seven hundred and fifty thousand dollars for crying out loud? Our deficit this year is $1.2 trillion and we're spending this kind of money on terrorists?" asked Florida Republican member of the House of Representatives Gus Bilirakas in a television interview.
Dennis Ross, another Florida Republican went a step further. He introduced in Congress what he dubbed the ‘NO FIELD Act’ or None of Our Funds for the Interest, Exercise, or Leisure of Detainees Act, which would reduce the Defence Department's 2013 budget by $750,000 – the soccer pitch’s price tag.
Guantanamo "should not be a place of comfort. It should house the worst of the worst of the world's terrorists, not be a training ground for the World Cup,” McClatchy Newspapers quoted Mr. Ross as saying.
“Though it’s a tough choice to say who deserves more blame for such apparent waste, fraud and abuse, the genius who thought up the soccer field in the first place, or the contractor fleecing Uncle Sam for a small dirt field surrounded by a green fence, one thing is certain – this episode shows President Obama’s priorities in action,” said retired Navy Commander and former Pentagon spokesman J. D. Gordon who served as an advisor to Herman Cain’s failed 2012 Republican presidential campaign in an op-ed on Fox News.
Guantanamo commander Rear Admiral David B. Woods told McClatchy that construction costs were high because all equipment and supplies had to be imported to the 116-square-kilometer base in southeast Cuba.
"That's probably the biggest misperception and lack of understanding of the expense of doing things down here. It's unlike any place else in the world mainly because we don't have the opportunity to capitalize on the local economy,” Admiral Woods said.
Over the past decade, soccer has constituted part of the United States’ soft power tools in seeking to win hearts and minds. The US administration in Iraq in the wake of the overthrow of Saddam Hussein made the construction and rehabilitation of soccer stadiums and clubs a priority in a bid to counter efforts by militants to make inroads among the country’s youth.
US military and civilian officials argued that reopening soccer stadiums and encouraging people to play free of fear or persecution would win hearts and minds among those scarred by regimes for which soccer was either the enemy or a weapon of terror.
Members of the US 87th Infantry's 1st battalion were thrashed 9:0 a few years ago when they played the Sons of Iraq, a team made up of former insurgents, on a makeshift pitch on a dirt field in northern Iraq. As far as the Americans were concerned, their thrashing contained an important message: soccer balls can be more powerful than bombs. "You lose a game, but you win a lot of friends," said Maj. Gen. Mark Hertling, the then commander of the 1st Armored Division and Multi-National Division North.
Before US-led coalition troops entered Baghdad in 2003, Saddam Hussein's men went into the neighbourhoods and passed out guns and stored weapons in schools. Because it was too dangerous to drive the trailers away through the streets, American forces blew them up - and in the process, damaged schools and surrounding homes. Though the US military returned to clear away the debris, distribute soccer balls and help set up teams and leagues in tense towns like Ramadi and Sadr City, unexploded shells remain in fields and school-yards where children kick their balls.
With an estimated 42 million land mines or two landmines per person in Iraq in a nation of 24 million, US Provisional Reconstruction Teams partnered with Spirit of Soccer, a Johnstown, Pennsylvania NGO that employs soccer to educate youth about the risk of mines. Trained by Spirit of Soccer, Iraqi coaches, including women, discussed fair play, avoiding dangers from land mines and other unexploded munitions, sportsmanship, tolerance and the need for non-violent conflict resolution while dribbling and kicking penalties. Participants returned to their communities as coaches and organizers of Youth Soccer and Mine Awareness Festivals.
In Afghanistan, US-led international forces played shortly after their 2001 overthrow of the Taliban soccer against an Afghan team in Kabul’s Ghazi Stadium to highlight the change they were bringing to the war-ravaged country. The stadium had been used by the Taliban for public executions, stonings and amputations. Americans and Iranians competed in Iran in the reconstruction of soccer pitches as a way of earning brownie points.
Soccer may seem an odd foreign policy tool or military priority. But with at least half the population of Iraq and Afghanistan under the age of 18, soccer balls and shoes are as basic to mending the two countries’ social fabric as beams and girders are to mending the damaged buildings. Indeed, the future of Iraq as well as Afghanistan and US relations with both countries may well in part depend on soccer paraphernalia and US efforts to prevent political interference and sectarian strife from undermining the two nations’ soccer performance.
Clearly, it will take more than a soccer training, a soccer league and a successful national team to overcome Iraq' and Afghanistan’s ethnic, religious and social divisions. Yet sociologists suggest that soccer can play a role in strengthening feelings of unity and national identity. Sports can also have a cathartic effect by channelling human aggression away from violence and into more healthy channels. Nelson Mandela used a racially integrated national rugby team to unite South Africa in the wake of apartheid -- a story now made famous by the movie Invictus. South Africa went on to become the first African nation to successfully host the World Cup.
These are lessons that may be lost on the Republicans but they are certainly not lost on militants. The most radical militants including Al Qaeda’s Somalia affiliate as well as some Saudi and Egyptian Salafi sheikhs denounce soccer as the infidel’s game because it was introduced by British colonialists and because of its potential to compete with Islam, particularly as a release valve in autocratic environments. Saudi Arabia recognized soccer’s competitive power during the 2010 World Cup when it, afraid that believers would forget their daily prayers during matches broadcast live on Saudi TV, rolled out mobile mosques on trucks and prayer mats in front of popular cafes where men gathered to watch the games.
More mainstream militants like the late Osama Bin Laden, Hamas leader Ismail Haniyeh and Hezbollah chief Hassan Nasrallah are fervent soccer fans who use the game as a bonding and recruitment tool. Soccer brought recruits into the fold, encouraged camaraderie and reinforced militancy among those who had already joined. The track record of soccer-players-turned suicide bombers proved their point.
James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies at Nanyang Technological University in Singapore and the author of the blog, The Turbulent World of Middle East Soccer.
Le misure di prevenzione del terrorismo e dei traffici criminosi internazionali ("The Measures of Prevention of International Terrorism and Criminal Trafficking")
Versione definitiva in italiano della mia tesi di dottorato. Vietata ogni distribuzione o riproduzione non autorizzata (Final italian version of my Ph.D. dissertation. Do not distribute or copy without permission)
Università degli Studi di Trento (University of Trento)
Relatore (Tutor/Supervisor): Prof. Silvio Riondato
Obiettivo della presente ricerca è stata la ricognizione, la sistematizzazione e la critica delle misure di... more
Obiettivo della presente ricerca è stata la ricognizione, la sistematizzazione e la critica delle misure di prevenzione negative praeter delictum del crimine globale previste dal diritto internazionale e sovranazionale. Si è cercato di adottare un metodo rispondente al carattere, appunto, globale della materia, nonché all’esigenza di offrirne una lettura sistematica universale. In questo senso, si è fatto largo uso della comparazione giuridica, al fine di individuare principi, categorie e prassi comuni, con cui interpretare anche il diritto internazionale e sovranazionale.
Il lavoro si è strutturato in quattro parti. Nella prima si è introdotto il problema della possibile confusione fra pene e misure preventive predelittuali, che, applicate senza idonee garanzie di certezza legale, si prestano a fungere da pene del mero sospetto. Nella seconda parte si è affrontata l’evoluzione della prevenzione negli ordinamenti contemporanei, con particolare riferimento all’impiego di misure negative da parte del potere politico in tempi di emergenza. Nella terza parte sono state esaminate, in un quadro d’insieme, le esperienze e le categorie maturate da vari ordinamenti nazionali in materia di prevenzione. Nell’ultima parte si è cercato di interpretare alla luce di tali strumenti i modelli di prevenzione di diritto internazionale e sovranazionale.
All’esito della nostra ricerca è emerso come il ricorso a misure di prevenzione negativa praeter delictum sia prerogativa comune ad ogni ordinamento giuridico, se non altro nei casi in cui vengano meno l’efficacia deterrente della pena e l’efficacia di interventi di prevenzione positiva. In certi paesi tali misure sono uno strumento ordinario di lotta alla criminalità pur sempre riconducibili ai principi garantistici del diritto penale, in altri contesti esse vengono usate quali misure eccezionali o di guerra, in una concezione utilitaristica che, in nome della ragione politica, tende a giustificare indiscriminati sacrifici delle libertà e dei diritti individuali, come la tortura e i “targeted killings”.
Nonostante alcuni significativi interventi della Corte di Giustizia dell’Unione europea, la disciplina delle misure negative adottate dagli ordinamenti internazionali e sovranazionali risulta ancora troppo legata a logiche politiche e troppo svincolata da principi e garanzie in grado di tutelare, quanto meno, un nucleo inderogabile di diritti e libertà fondamentali.
The Rise of China is likely to result in military conflicts in East Asia
by Owais Rajput
The East Asian region is the most economically dynamic in the world. China, a major nuclear power and possessing the... more
The East Asian region is the most economically dynamic in the world. China, a major nuclear power and possessing the largest army in the region, is experiencing explosive economic growth coupled with an increase in military modernization; this situation has created concern among her neighbours. There is the complex pattern of rising tensions between china and Taiwan; increasing militarism in the South China Sea; ongoing hostilities between North and South Korea and anxiety over North Korea’s stability and its nuclear capability.
Thus the nations in this region face many obstacles over disputed territories that could hinder their co-operation in regional economic and security problems; these disputes remain sources of tension, suspicion, and misunderstandings. China’s rapid economic development is accompanied by an increasingly active foreign policy and growing military might. Because of the defence modernization, the increase of the defence budget and disputes in the region, for some China is a military threat.
In this paper I will look at whether the rise of china will increase the risk of conflict or whether it would improve stability in the region. I will look briefly at the disputes in this region, the arms build-up and better relationship institutions.
Account for the difficulty in achieving a universally-accepted definition of a ‘terrorist’ and ‘terrorism’.
by Owais Rajput
Terrorism is the unlawful or threatened use of force or violence on people or property to compel or intimidate... more Terrorism is the unlawful or threatened use of force or violence on people or property to compel or intimidate governments or societies, often to achieve political, religious, or ideological objectives. However it is difficult to define terrorism because all acts of terrorism are open to interpretation.

