The United Nations and Terrorism: Rethinking Legal Tensions Between National Security, Human Rights, and Civil Liberties

As the international community responds to the September 11 attacks and the general war on terrorism, member states in the United Nations (UN) must continue to address the balance between the rights of the individual and the security of the state. This study highlights the various roles that the UN plays in combating transnational terrorism through norm setting, codification of human rights law, as well as the drafting and effective implementation of 12 key multilateral agreements aimed at counter-terrorism. In these ways, the UN provides direction and guidance for implementing human rights rules and the ways in which they should be enforced. Even so, national governments must make these rules work. In a system of sovereign states, the role of the UN organization in checking or reversing these human rights abuses remains severely limited and largely dependent upon the political will of the member states. As a consequence, part of the price paid for protecting national security against threats posed by terrorism may well be the curtailment of some human rights and civil liberties within the liberal democratic state.     

Medico-political metaphors of counter-terrorism: The case of Turkey

ABSTRACT

Medico-political metaphors can be defined as the organic imagining of a society (re)creating a normative distinction between identity and difference and mobilising specific types of political answers in which threats are constructed through organic language. Accordingly, society is made to resemble a body, thus creating a sense of unity, integrity and finitude, while terrorism is made to resemble a “pathology” that “infects”, weakens and ultimately destroys the healthy social body. In this narrative, “terrorists” are rendered as abnormal and external, and thus terrorism is depoliticised. It is fictionalised as a “technical” issue necessitating expert intervention, in a manner resembling the doctor-patient relationship. To date, there has been little research on the interaction between this organic understanding of society and the Turkish experience of counter-terrorism practices. Therefore, taking as its context the Syrian civil war, this article aims to analyse how medico-political metaphors in the counter-terrorism discourse of the Turkish government function as boundary-producing practices. The article critically assesses how medico-political metaphors in terrorism discourse (re)constitute a power relationship through abnormalisation, externalisation and depoliticisation, and thus contribute to Critical Terrorism Studies by highlighting how policy makers use medico-political metaphors to constitute a reality about terrorism in order to mobilise certain political responses.     

A Critical Perspective on Terrorism: Case Study of Jundallah and Jeish ul-Adl in Iran

ABSTRACT

An extensive body of traditional terrorism research exists where the focus is on Iran as a terrorist state and a terrorism sponsor. This article explores an alternative terrorism narrative by examining the non-state actors, Jundallah and Jeish ul-Adl. The deficiency of information in the literature is addressed by applying the first and second-order critique approach of Richard Jackson’s knowledge, power and politics theoretical framework in contrast with the traditional terrorism studies approach. A first-order critique seeks to destabilise the accepted knowledge that Iran is both a terrorist state and a terrorism sponsor. This provides the grounds to study other aspects of “knowing” in relation to the second-order critique, where a critical ground outside the discourse suggests that Iranian officials have declared that the non-state terrorist actors of Jundallah and Jeish ul-Adl constitute a threat to Iran’s political stability. The outcome of the analyses here bridges the gap between the new aspect of terrorism, the non-state actors, and critical terrorism studies in order to contest the traditional discussion of terrorism in Iran. The rationale behind new terrorism varies and necessitates that new meanings and strategies be adopted in relation to Iran.     

Hashim,Ahmed S. Insurgency and Counter-insurgency in Iraq

The paper argues that violent Uighur separatism and terrorism conforms in a number of important respects to the human security theory of terrorism, particularly in the realm of political and civil rights. However, it argues that impetus has been given to the various separatist organisations in the region by the development of interconnections between the largely internal aspects of China's policy of integration in the region and the wider Central and South Asian dynamic of Islamic radicalism since 1990.     

Civil society,political stability,and state power in Central Asia: cooperation and contestation

This article develops a concept of civil society in Central Asia distinct from that which emerged from the East European communist societies of the late 1980s. Kazakhstan presents a case study of a civil society that conceptually can be located between the vibrant civil society of the Baltic democracies and the civil society of the strongly repressive environments of Belarus or Uzbekistan. Kazakhstan's authoritarian structures and cultural traditions make it difficult to develop strong independent civic organizations – cooperation tends to mark state-civil society relations more than contestation, which shaped much of Eastern Europe's experience. Even in a context of relative affluence where civil society organizations are allowed some space to engage in critical activities, contestation tends to be minimized. This is only partially related to state suppression and cooptation; a political culture that views democratic processes as potentially destabilizing is also a significant factor. Kazakhstan represents a distinct Central Asian model of civil society, comparable to Russia but qualitatively different from that found in either Eastern or Western Europe, where civil society is less willing to confront the state, more cooperative with the authoritarian system, and wary of the potential for civic activism to degenerate into instability. Differentiating types of civil society is important because a key component of Western democracy assistance programmes has been providing assistance to build and strengthen civil societies. By refining our understanding of distinct civil society patterns in Central Asia, we can enhance our knowledge of political processes in this critical region, and we may improve the effectiveness of democracy assistance programmes. The study is grounded in field research, interviews, civil society workshops, survey research, and government documents.     

A. Lentin,The Last Political Law Lord: Lord Sumner (1859–1934)

ABSTRACT

Non-governmental organisations [NGOs] sought to expand American conceptions of human rights and contributed to shaping the American debate over Nicaragua policy in the 1980s. Progressive NGOs interpreted human rights to include political and civil liberties along with social and economic ones, an interpretation similar to that of the Nicaraguan government and embodied in Nicaraguan democracy. The Ronald Reagan Administration interpreted human rights narrowly to include only political and civil ones whilst recognising electoral politics as the essential ingredient of democracy. The Administration also considered the defeat of communism as its highest priority. Calling the Sandinistas, which controlled the Nicaraguan government after July 1979, both communist and allies of the Soviets and Cubans, Reagan’s anti-communism led him to support a counterrevolutionary force in Nicaragua—the Contras. NGOs and members of Congress regularly accused the Contras of human rights abuse; and NGOs used a lexicon of human rights to oppose Reagan’s Nicaragua policy and challenge the Cold War construct.     

The limits to judicial independence: Cambodia’s political culture and the civil law

Distinctions between the common and civil law are crucial when considering the rule of law and judicial independence in a political system. The 1993 Constitution of the Kingdom of Cambodia provides for a democratic government with separation of powers, judicial independence and human rights guarantees consistent with international legal instruments. However, Cambodia ranks poorly in international indices of political interference and corruption in the judiciary and for the rule of law. Drawing on interviews with Cambodian state officials and legal practitioners, the article situates the domestic judiciary within the socio-political environment and constitutional arrangements in which it must operate and examines the limits to judicial independence in the country. The article argues that the lack of judicial independence in contemporary Cambodia is not only attributable to its neopatrimonial political culture but also to the legal-institutional framework established during the United Nations Transitional Authority in Cambodia (UNTAC) period. The legal-philosophical underpinnings of civil law, the nature of the civil law system operating in Cambodia, and how it is interpreted locally, are crucial to understanding the limits to judicial independence in the country.     

“Any press is good press?” Rebel political wings,media freedom,and terrorism in civil wars

As part of a recent effort to bridge the studies of terrorism and civil war, new research has begun to emerge on the use of terrorism by rebel groups as a strategy of war. Building on these findings, we examine the role of affiliated political wings in shaping the use of terrorism by rebel groups during civil wars. We contend that the presence of an affiliated political wing during the civil war should increase the use of terrorism by rebel groups only in countries where there are relatively few restrictions on the freedom of the press. As political wings are often designed to engage with the civilian population through the dissemination of information, these apparatuses are in a key position to frame the use of terrorism as part of the rebel’s broader war effort. To test this proposition, we examine the use of terrorism by all rebel groups from 1970 to 2011. The results from the analysis provide strong support for our argument that political wings increase the use of terrorism by rebel groups only when the press is allowed to independently cover terrorist attacks.     

Human rights and companies in conflict zones

Companies appear to be taking the business ramifications of conflict far more seriously, yet with limited consideration of the full extent of their responsibilities. Certainly, they see conflict resolution as primarily the responsibility of government yet find themselves in context specific situations where they are nevertheless expected to work actively to protect and promote human rights. In addition to “traditional” civil and political rights, companies' human rights responsibilities are increasingly also recognised. It is not impossible to apply human rights principles to conflict situations or to integrate them with a policy of conflict management. The process of managing human rights and a company's economic performance in conflict zones are directly related.     

Disregard for Security: The Human Rights Movement and 9/11

ABSTRACT

International human rights NGOs have warned that human rights have been threatened since September 11. However, the matter is complicated since what is involved is in reality a relationship between two concepts: human rights and security against terrorism. This article demonstrates that there is a tendency for international human rights NGOs to brush aside questions on security against terrorism. NGOs have stipulated that human rights values should be superior, or they have maintained, but failed to show, that there is no goal conflict between security and human rights—even that human rights fulfil a considerable instrumental function with respect to freedom from terrorism.     

Uncertainties at the European Union's southern borders: actors,policies, and legal frameworks

A multiplicity of legal and political arrangements regulate the European Union's external borders. With borders representing the intersection between national and international law and politics, the EU also acquired some legal competences in this realm. The resulting triple set of rules coincides with the growing disaggregation of the classical functions of borders. This state of affairs generates legal and procedural uncertainties and results in a growing ambiguity and lack of transparency, in terms of competences and accountability. Due to the EU's concerns with transnational terrorism, and the growing securitization of migration, the EU's borders with the states of the Middle East and North Africa are particularly relevant in this regard, with the resulting uncertainties touching upon fundamental rights. This article discusses the conceptual starting point of the growing institutional, legal, and political complexity at the EU's southern borders, together with relevant aspects and developments, thus also providing the background to the different contributions in this special issue.     

Bringing the Leader Back In: Internal Threats and Alignment Theory in the Commonwealth of Independent States

Traditional alignment theories, such as balance-of-power and balance-of-threat theories, suggest that states confronted by more powerful or threatening states are more likely to balance against those states than to bandwagon with them. Yet in the context of the newly independent states of the Commonwealth of Independent States (cis), this proposition has not held true. A refinement of Steven David's theory of omnibalancing sheds light on this empirical puzzle. Using in-depth case studies of Ukraine and Uzbekistan, the authors argue that the alignment calculations of cis leaders have been driven more by internal threats to those leaders' political survival than by external threats to the state. These internal threats include the more traditional variants, such as assassination attempts, coups, and civil war, but also include opposition leaders and parties that may be perceived as challenging a leader's political survival. The post–September 11 security environment and the u.s.-led war on terrorism has also fundamentally changed the strategic calculations of cis leaders, as the United States is now willing to assist leaders against Islamist extremism and terrorism, taking over a role formerly played by Russia. The theoretical nuances offered here provide a more robust and accurate understanding of alignment motivations in the cis, especially in light of recent revolutions in Georgia, Ukraine, and Kyrgyzstan.     

Drones,state terrorism and international law

The conventional wisdom among US foreign policymakers is that drones enable precise strikes, and therefore limit collateral damage. In contrast, critics point out that many civilian casualties have ensued, and they variously cite poor intelligence and imprecision of the strikes as reasons for this. Critics have also raised concerns that the US and its allies are engaging in “lawfare” to legitimise violations of human rights law. As such, some have questioned whether academic engagement with the legal questions surrounding targeted killings amount to collusion with state attempts to legitimise human rights violations. This article will argue that by conceptualising the targeted killings programme as a form of state terrorism, we are better equipped to provide a critical analysis of the drones programme within the context of a long history of violence and terrorism which has underpinned the imperial and neo-imperial projects of the UK and US. The article will then argue that there are important similarities between the targeted killings programme, and previous UK and US counterinsurgency operations, including prior uses of air power, and operations involving the internment of terror suspects, and the targeting of specific individuals for interrogation and torture or disappearance. Common to these programmes is that they are forms of policing aimed at crushing rebellions, stifling disorder and constructing or maintaining particular political economies, through terror. Also common to these programmes are the attempts made either to conceal illicit actions, or in the event they are exposed, to shroud them in a veil of legitimacy. The article concludes by offering some brief reflections on why we should not abandon the quest to resolve the thorny legal questions around the targeted killings programme.     

The Cost of Terrorism: The Relationship Between International Terrorism and Democratic Governance

After Al Qaeda's destruction of the World Trade Center on 11 September 2001, many democracies reacted to the event, and to international terrorism in general, by passing laws restricting civil liberties and political rights, raising questions about the balance between security and liberty. Such laws have produced alarms among civil libertarians, worldwide. Are the alarms justified? In this article we analyze the relationship between the yearly number of international terrorist attacks in 24 countries from 1968–2003 and (a) measures of civil liberties and political rights as provided by Freedom House, and (b) levels of democracy as measured in the Polity IV scales. We take the number of international terrorist events, by country, from data provided by the Memorial Institute of the Prevention of Terrorism (MIPT) http://www.tkb.org/Home.jsp. Our analysis indicates that there is, generally, no relationship between the number of international terrorist events and the levels of civil rights, political rights, or democracy as measured by the Freedom House and Polity IV indicators. When there is a statistically significant relationship, it is negative, opposite to what is predicted by the tradeoff hypothesis.     

Terrorism Analysis and Holder v. Humanitarian Law Project: The Missing Element

ABSTRACT

The decision in the case of Holder v. Humanitarian Law Project raised important issues about civil liberties in the United States (2010), including freedom of speech and freedom of association, in relation to U.S. foreign policy actions. While the decision has the potential to infringe on certain liberties, the decision itself was based on very limited information on the nature of terrorism, the foreign terrorist organizations involved, and the processes by which terrorist groups can be induced to peacefully re-enter domestic political systems. There are also concerns about what can be the arbitrary designation of groups as foreign terrorist organizations. These issues raise serious questions about the role of the Supreme Court in the overall political system and judgments in cases involving terrorism and foreign policy.     

Determinants of Domestic Terrorism: An Examination of Ethnic Polarization and Economic Development

ABSTRACT

Many scholars have sought to explain why countries with ethnically heterogeneous populations experience higher levels of political violence, but these studies have produced mixed findings. Unlike most studies that use ethno-linguistic fractionalization indices to examine this relationship, we argue that ethnic polarization is a more appropriate measure to assess the role of ethnicity as a causal factor of domestic terrorism. This paper hypothesizes that high ethnic polarization influences the incidence of domestic terrorism, particularly when intervening economic factors are present. To test three hypotheses, we use negative binomial regression to model data from the Global Terrorism Dataset, World Bank, and the Reynal-Querol (RQ) ethnic polarization index of 116 countries between 1970 and 2012. Our findings show that terrorism is more likely to emerge in societies with high ethnic polarization and economic malaise.     

Public opinion and terrorism: does the national economic,societal and political context Really Matter?

ABSTRACT

For national publics, terrorism is today one of the key policy challenges facing European governments. Yet little is known about whether and how the objective national economic, societal and political context influences public opinion about terrorism. The present article addresses this gap in the current research. Using Eurobarometer data, it is demonstrated that excluding a nation’s level of terrorism, no other objective national economic, societal or political indicator sways public attitudes towards terrorism. Objective national economic, societal and political factors are also found not to impact on the relationship between citizens’ economic conditions and public attitudes towards the same. Our results finally demonstrate that people’s perceived economic, cultural and physical (safety) insecurities tend to be a stronger predictor of these attitudes than the objective national context or (social) class differences. The article then discusses the implications of these ?ndings.     

Counter-terrorism and communities: an interview with Robert Lambert

The targeted sanctions adopted by the UN Security Council against individuals and entities suspected of association with terrorism are managed through procedures that infringe fundamental human rights, and there are no mechanisms for actual accountability. With the exception of the ECJ in Kadi, municipal and regional courts tend to consider the UN Security Council's resolutions and domestic measures implementing them outside the scope of judicial review. This article argues that the Security Council is bound to observe human rights even in the context of international security action, and that States are not exonerated from international responsibility for violations committed under the umbrella of Chapter VII resolutions.     

Responsibility to Protect in the Age of Global Terror: A Methodological Reassessment

Abstract

Ten years after its formal adoption, the R2P doctrine remains an incomplete project in a world of continuing conflicts now aggravated by the existential threat of global terrorism. The debate on the permissibility of military action to stop mass atrocities when authorisation to use force is not forthcoming from the Security Council has produced only a plurality of conflicting theories but hardly any progress at the normative level. A two-pronged approach could be used to consolidate R2P as a doctrine fully integrated into the corpus of international law. The first prong requires the revamping of the largely neglected Article 48 of the ILC Draft on State Responsibility; the second involves using R2P as a platform to initiate a reform of customary international law to make it more consistent with elementary principles of justice and universal human rights.     

Counter-terrorism in Europe: the elusive search for order

Many experts underscore a firm difference between (US) American and European approaches to combating terrorism. Other scholars contend that, since 11 September 2001, European governments have emulated the USA by “securitising” immigration and trampling on the civil and human rights of immigrants of Muslim heritage. Still other analysts discern within Europe distinct national styles of counterterrorism such as French assimilation and deportation versus British multiculturalism and conciliation. This article finds neither a coherent policy strategy nor an unmistakable political consensus in Europe regarding counterterrorism. Instead, a comparative analysis reveals a jumble of ethically inconsistent and practically contradictory measures.