The Student Dormitory in the "Period of Stagnation" : The Erosion of Regulatory Processes

First, let us talk about definitions. After the events of 11 September, the theme of terrorism moved to the fore. Unfortunately, a confusion of concepts often takes place: political assassinations, genocide, intertribal strife, and many other things are now all being referred to as terrorism.     

An Immunological Approach to Counter-Terrorism and Infrastructure Defense Law in Electronic Domains

The West’s increasing dependence upon telecommunicationsand information infrastructures puts at risk the economic, political,and military security of the free world. The purpose hereinis to gauge the extent to which the law properly supplementsand coordinates the defense of that information infrastructure. First undertaken is an overview of the telecommunications vulnerabilitiesand dependencies of the West. The nature of terrorism is thenexplored, and principles of counter-terrorism are examined andapplied specifically with reference to electronic domains. Thereafter,Immunological modeling and principles are surveyed. The analysis continues with an examination of the current postureof Western legal systems, and a comparison of the laws relatingto counter-terrorism in electronic domains before and afterthe events of 11 September. An exploration of continuing vulnerabilitiesthen follows. Finally, recommendations for future defensiveactions are promulgated with the aim of optimizing the roleof law in information infrastructure defense.     

Terrorism Preparation by Michigan Law Enforcement Agencies

The terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, compelled most Americans to imagine the unimaginable. Increased interest was focused on lessons learned, specifically if local law enforcement agencies had made appropriate organizational changes to manage potential terrorism events. The purpose of this study was to assess perceptions of law enforcement officers in the state of Michigan regarding organizational changes post 9/11. A total of 247 law enforcement officers participated in the study by completing three instruments, the Police Unit Assessment of Terrorism (PAT) Scale, Domestic Unit Assessment of Terrorism (DAT) Scale, and a short demographic survey. The officers who perceived their work load had increased since 9/11 were more likely to have more positive perceptions on both the PAT and DAT.     

The Duty to Bring Terrorists to Justice and Discretionary Prosecution

In Res. 1373 (2001), the Security Council laid down the dutyto bring terrorists to justice and to deny them safe haven.Whereas such duty expressed a clear political imperative inthe aftermath of 11 September 2001, it is less clear how nationalauthorities are supposed to translate it into a set of enforceablelegal obligations. If it is interpreted as ‘obliging’states to prosecute and try terrorists, as the Security CouncilCounter Terrorism Committee seems to suggest, the power of prosecutorsto decide whether or not to bring a case to court may be severelyimpaired. An unconditional obligation to bring terrorists tocourt would not necessarily strengthen states’ judicialresponse to the threat of international terrorism. A sensibleexercise of prosecutorial discretion may be instrumental inarticulating a flexible and more effective response in variouscircumstances. Moreover, a rigid interpretation of the requirementto bring terrorists to justice does not find support in SecurityCouncil and General Assembly resolutions on terrorism. Far frommandating that alleged offenders be unconditionally broughtto trial, the universal counter-terrorism conventions and protocolslimit themselves to requiring that the jurisdiction of nationalcourts be established, which is conceptually different fromimposing its actual exercise.     

The Media’s Coverage of Domestic Terrorism

Scholarly interest in terrorism has grown dramatically since September 11. One important line of inquiry within this body of research has been the media’s coverage of terrorism. Although there have been several important studies published on this topic, there has been little research examining media coverage of domestic terrorism. This study fills this gap by examining the media’s coverage of terrorism in the United States from 1980 until September 10, 2001. The analysis is based on a list of terrorist‐related incidents and New York Times articles pertaining to each incident. This study documents the amount and type of coverage received by domestic terrorism incidents, and identifies the variables influencing whether an incident is covered and how much space it receives. The results indicate that most terrorism incidents receive little or no coverage in the news, but a few cases are sensationalized in the press. There are several characteristics that consistently explain which incidents are covered and receive substantial news space. Incidents with casualties, linked to domestic terrorist groups, targeting airlines, or when hijacking is used as a tactic are significantly more likely to be covered and have more articles and words written about them. This study concludes with a discussion of the policy implications of these findings for the understanding of terrorism as a social problem.     

Precursor Crimes to Terrorism and the Local Prosecutor's Role in Disruption

Much of the discussion of terrorism prosecution focuses on the federal judicial system or the use of military tribunals. The passage of state anti‐terrorism legislation in response to September 11, 2001, raises the issue of what role local prosecutors might play in responding to terrorism. Of particular interest is the role that local prosecutors have in identifying offenders who have committed crimes that may be precursors to terrorism and how they gather and share information. Using data from a survey of the 112 largest prosecutors’ offices in the country and information gained from case studies, this study explores the local prosecutor's role in responding to terrorism, how they are involved in the identification and prosecution of precursor crimes, and the overlap between federal and state prosecution.     

析国家作为恐怖主义的主体问题

恐怖主义主体是否包含国家的问题是困惑恐怖主义法律定义的一个现实障碍。对此问题,发展中国家与西方发达国家认识不一,从历史看,国家恐怖主义是个人或组织团体恐怖主义的根源,而且国家恐怖主义的危害与当量是个人及团体恐怖主义所无法比拟的;学者的学说、国家和联合国内的反国家恐怖主义的努力也说明了国家恐怖主义犯罪的存在;国家的恐怖主义刑事责任追究可依公约以特殊方式进行;国际关系与国际政治行为的民主化与文明化,也要求坚持公理、正义与法律,要求反国家恐怖主义。     

Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.     

“Shaping history” or “Riding the wave”?: President Bush's influence on the public opinion of terrorism, homeland security, & crime

The theory of presidential influence over public opinion is used to predict the impact of presidential rhetoric on the public's concern for terrorism, homeland security, and crime as the “most important problems facing the country.” Using OLS time-series regression, the authors find consistent results that President Bush influenced public opinion in relation to terrorism, homeland security and crime, despite the overwhelming events of September 11th and its impact. The article concludes by discussing the president's ability to shape events and how some events shape the presidency.     

A Time-Series Analysis of Terrorism: Intervention,Displacement, and Diffusion of Benefits

This paper discusses the perception that displacement in terrorism is inevitable; that antiterrorism efforts merely relocate terrorism in some way. Using quarterly time-series data from the Global Terrorism Database (1994–2013) and the vector autoregression framework, we test the following hypothesis: the target-hardening efforts within the United States (US) after September, 11, 2001 reduce attacks on domestic US targets, but increase attacks on US targets abroad. To provide a more comprehensive test, we also provide dynamic impact factors and variance decompositions. The results of this intervention analysis show no support for displacement, and instead provide support for a diffusion-of benefits hypothesis. We also discuss how criminological and especially crime-prevention knowledge can guide and encompass the study of terrorism.     

Hope, meaning, and growth following the September 11, 2001, terrorist attacks

Positive psychologists found the increase of seven character strengths that encompass the so-called theological virtues, including hope and spirituality, in Americans after the September 11, 2001, attacks. Little is known about how they may affect post-September 11, 2001, mental health. Using multivariate analysis, this study investigated the relationship of hope and spiritual meaning with depression and anxiety in a sample of 457 students 3 months after September 11, 2001. Both characters contributed to lower levels of symptoms. In qualitative analysis, of 313 answers to an open-ended question regarding personal change, four categories emerged. The first three were consonant with other studies on posttraumatic growth (PTG), including changes in the self or behavior, relationships, and worldviews. The fourth category unique to September 11, 2001, was changes in political views. These findings offer further credence to the study of positive aspects resulting from violence-related trauma and highlight the needs for addressing the nature of traumatic events and PTG.     

Definition of "Terrorism" in the UN Security Council: 1985-2004

International debate about the problems of defining terrorismhistorically centred on the General Assembly. Yet, between 1985and 2001, the Security Council adopted a range of measures addressingterrorist threats to peace and security, and analysis of theincidents involved reveals much about the Council's understandingof "terrorism". After September 2001, problems of definitionbecame acute, since the Council adopted general legislativemeasures against terrorism—with serious legal consequences—withoutdefining it. The Council has encouraged States to unilaterallydefine terrorism in national law, permitting wide and divergentdefinitions. A non-binding Council definition of late 2004 failsto remedy the serious difficulties caused by the lack of anoperative definition in Council practice.     

论法治的政治生态文明功能

政治生态文明是政治文明的重要构成要素,是指一个国家政治运行的内外部环境的和谐状态。政治生态文明有一个综合评价指标体系,法治可以作用于每一个指标而体现其功能。总的来说,法治的政治生态文明功能具体表现在政治和平功能、政治发展功能、政治稳定功能、权利保障功能、权力制约功能等五个方面。     

Pathway to terrorist behaviors: The role of childhood experiences,personality traits,and ideological motivations in a sample of Iraqi prisoners

Radicalization to terrorism is a multifaceted process with no single theory or approach to explain it. Although research has focused on understanding the process, there is still a dearth of studies that examine an empirically driven pathway to terrorism behavior. This study examines a cross-sectional sample of incarcerated men convicted of terrorism in Iraq (N = 160). A questionnaire-guided interview included adverse childhood experiences (ACEs), conduct disorder (CD), antisocial personality disorder (ASPD), religious and political ideology, views about causes of terrorism, and the severity of terrorist acts. Path analysis was employed to examine the relationships between these factors and to identify the model with the best fit. After adjusting for age, employment, and location, results indicated that ACEs positively impacted CD, ASPD, religious guidance, and terrorism attitudes. ASPD positively affected political commitment and terrorism attitudes, but inversely affected current religious commitment. Political commitment inversely influenced terrorism attitudes. Religious commitment positively influenced the prioritization of religion in life, which subsequently impacted terrorism attitudes and behavior severity. Additionally, attitudes toward terrorism directly affected the severity of terrorism behavior. All paths in the final model were statistically significant at p < 0.05. Although these findings may be limited in generalizability due to the unique sample, results support the complex and interdependent nature of childhood and adult experiences on the development of both terrorism attitudes and the severity of terrorism behavior.     

International Political Terrorism A Challenge for Comparative Research

International political terrorism poses special problems for researchers because of the kind of phenomenon it is. Being international, it occurs in many different sociopolitical and cultural contexts; and, being political, it has direct relevance to practical issues, most notably prevention and control. Comparative, interdisciplinary research which can bridge the gap between theory and practice is essential in dealing with the phenomenon. This paper looks at the special problems which international political terrorism poses for research. Problems related to defining the research problem, conducting the research, and applying the research findings are discussed in turn. Issues discussed include the role of the researcher, the definition of terrorism, data collection and information exchange, self-fulfilling prophecies, and generalizability of results.

A list of specific research strategies and topics pertinent to the study of international political terrorism is given to show the kinds of methods and models which researchers can be expected to encounter. Finally, in recognition of the fact that many research projects on international political terrorism will be funded by agencies interested in prevention and control, a specific section is devoted to analyzing different prevention and control strategies. Three conceptual models are examined: the war model, the criminal justice model, and the communications model. While all three generate fruitful avenues for research, the war model has been the most successful and the most widely applied, the criminal justice model has been the least successful, and the communications model has been the least applied. This condition reflects a narrow focus on short-term, incident-oriented, reactive strategies as opposed to long-term, preventive strategies focused on root causes. It is suggested that a comparative, interdisciplinary approach could generate fruitful new avenues within the communications model and a broader and potentially more profound understanding of the phenomenon of international political terrorism.     

Enemies Everywhere: Terrorism, Moral Panic, and US Civil Society

Since the attacks of September 11th, 2001, terrorism has experienced a prominence in discourse across the U.S. The representations of terrorists and terrorism by the news media and politi have contributed to the edifice of terrorism as a moral panic. This treatise examines the social effects that have or may occur due to the social construction of a moral panic of terrorism. The thematic frame is situated within Cohens stages of a moral panic. We offer an analysis of the medias depiction and coverage of acts of terrorism, and legislative, political and legal responses in the form of social and cultural changes occurring from the creation of a moral panic. In addition, we offer an analysis of the states vested interest in the social construction of this panic, leading to increased levels of fear, targeted at the general publics consciousness. This article concludes that the presentation of terrorism and terrorists by the media and politi have contributed to unnecessary levels of panic and fear, misguided public consciousness, and the development of legislation creating negative social ramifications yet be seen.     

A Note on Taiwan's National Security Council and its Role in Antiterrorism

While the U.S. struggled to quickly mobilize a coordinated national homeland security office after the September 11 attacks, the National Security Council (NSC) has been responsible for monitoring security in the Republic of China since the Nationalists moved to Taiwan in 1949. Although its primary mission has been to prevent Taiwan from being invaded by Mainland China, recent world events have awakened us to a need for security, a need that seemed to have faded away after the end of the Cold War. Although not a strong probability, Taiwan is still a possible target of terrorism because of its close relationship with the U.S. Thus, it is worthwhile to explore the role of NSC in antiterrorist efforts. The NSC plays a vital role in coordinating executive agencies in antiterrorism efforts. The NSC's antiterrorist measures cover the whole spectrum of the executive branch ranging from law enforcement to non‐law enforcement efforts. The tradition of collaboration among the military, police, and private security in Taiwan may help the NSC to smoothly coordinate these three parties.     

All Citizens are Created Equal,but Some are More Equal Than Others

Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwise—such as by naturalisation—and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.

     

The War on Terrorism: When the Exception Becomes the Rule

This article argues that the semiotics of the war on terrorism points at a significant shift in United States' discourses on security. This shift can best be described as a move from defence to prevention or from danger to risk. Whereas the notion of defence is closely connected to the state of war, this article claims that the war on terrorism instead institutionalises a permanent state of exception. Building upon Agamben's notion that the state of exception is the non-localisable foundation of a political order, this article makes two claims. First, it argues that semiotic shifts in United States' security politics point at a general trend that, to some extent, structures international American interventions. In a sense, the semiotic shifts in American security discourse declare the United States as the sovereign of the global order: they allow the United States to exempt itself from the (international) framework of law, while demanding compliance by others. Second, it claims that this production of American sovereignty is paralleled by reducing the life of (some) individuals to the bare life of homo sacer(life that can be killed without punishment). In the war on terrorism, the production of bare life is mainly brought about by bureaucratic techniques of risk management and surveillance, which reduce human life to biographic risk profiles.