Human Rights Dilemmas in Using Informers to Combat Terrorism: The Israeli-Palestinian Case

ABSTRACT

Using informers is a basic tool in preventing terror attacks and the nature of current terror threats makes it even more crucial. This use, however, often leads to human rights violations, both of the informers and by them, and to many problematic ethical questions. Drawing on the Israeli–Palestinian example—where a main strategy of Israeli intelligence activity in the Palestinian areas has been an extensive use of informers—this article presents the main human rights dilemmas in the field, divided into three stages: recruitment, operation and post-operation obligations, and also points to the possible counter-productive consequences of such a use.     

“These People Have an Irrevocable Right to Self-Government”: United States Policy and the Palestinian Question, 1977–1979

Upon entering office, Carter Administration officials placed a heavy emphasis on integrating human rights into United States foreign policy. They also sought to contain festering Arab–Israeli tensions in the Middle East. The intersection of these two issues was the Israeli–Palestinian conflict. This article examines the Administration's attempts to solve that conflict and to bring peace to the region. It argues that policymakers developed a sincere dedication to safeguarding Palestinian rights, but that their understanding of those rights was limited in scope and defined through the lens of United States security and strategic interests. In spite of a good-faith effort to satisfy Palestinian desires while maintaining a constructive relationship with Israel, the Administration ultimately failed to alter the status quo because of regional developments. As Washington's strategic thinking changed, so did the urgency of Palestinian rights.     

The intifada: Palestinian adaptation to Israeli counterinsurgency tactics

In December 1987 the uprising in the West Bank and Gaza Strip significantly changed the nature of the Palestinian threat to Israel and pushed the West Bank and Gaza Palestinians into the forefront of the Palestinian‐Israeli conflict. This article examines the effects of the Israeli counterinsurgency tactics on the Palestinian strategy from the period of 1967 through 1987. It proposes that the implementation of Israel's counterinsurgency policy since 1967 was a crucial factor in creating the conditions for revolution and influencing the Palestinians’ adaptation of their tactics, culminating in the intifada.     

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.     

Human (in)security: Palestinian perceptions of security in and around the refugee camps in Lebanon

Based upon over 20 hours of focus groups and in-depth interviews with diverse representation from three Palestinian refugee camps in Lebanon, the authors analyse Palestinian perceptions of both Lebanese and Palestinian security institutions, detailing the ways in which conventional, state-centric approaches to security by both parties have been insufficient. Special attention is paid to the new security regime in the Nahr al-Bared camp, which was destroyed in 2007 during a protracted battle between the Lebanese army and the militant Islamist group Fatah al-Islam. This is because the Government of Lebanon has made clear its intention that this regime serve as a model for the country's other 11 camps. Ultimately, the authors argue, Palestinian human security is inextricably linked to Lebanese sovereignty and national security, and the improvement of Palestinian human security will yield tangible security benefits for Lebanese and Palestinians alike. Rather than presume to speak on behalf of all Palestinians in Lebanon, the authors have instead opted to present detailed—and sometimes contradictory—quotations from Palestinians interviewed on such subjects as arms, violent extremism, Lebanese–Palestinian relations and the protection of human rights.     

Canada,the Palestinian Liberation Organisation (PLO) and the flexibility of terror identities

ABSTRACT

Security governance practices are contingent on the imagination of future threats. The “war on terror” has produced a very narrow imagination of threats, almost singularly focused on suspect communities that are Arab, Muslim, or perceived to be Middle Eastern. Discussing how immigration practices in Canada have been influenced by counter-terrorism trends, we argue that “terror identities” are mutable and highly racialised imaginaries that cast indelible marks of suspicion on subjects who are deemed as security threats. Examining the case of a journalist deemed inadmissible to Canada because of her “membership” in the Palestinian Liberation Organisation (PLO), we argue that terror identities impose authoritative control over the status and lived experiences of individuals who are cast through these racialised labelling practices. Focussing on the shifting characterisation of the PLO by Canadian officials as both political interlocutor and terrorist organisation, our purpose is to highlight how racialised imaginations of terror identities enact punitive and discriminatory practices.     

Suicide Bombing as a Strategic Weapon: An Empirical Investigation of Hamas and Islamic Jihad

Using twice-yearly data from 1991 to 2003, we analyze the incidents of suicide attacks by Hamas and Islamic Jihad within Israel and the Palestinian territories of the West Bank and the Gaza Strip. Given the exploratory nature of the question, we have first estimated the relevant coefficients by using a Quasi-Maximum Likelihood Ratio and then checked their robustness by reestimating the model with the help of a Seemingly Unrelated Regression (SUR) as an interrelated system. The results indicate that the two groups deliberately use suicide bombings as strategic weapons within the larger Israeli-Palestinian political milieu. With the Western world locked in an armed struggle with the militant extremists of Islam based on millenarian ideologies, this study emphasizes the need to develop appropriate analytical capabilities to distinguish among terrorist groups and their motivations, ideologies, and tactics.     

The Malaysian “Islamic” State versus the Islamic State (IS): evolving definitions of “terror” in an “Islamising” nation-state

ABSTRACT

This article provides a study of how the Malaysian state defines and redefines “terror” as the nature of militancy changes from the Communist insurgency to present day’s Islamist jihadism. Tracing such definitional changes, the article demonstrates how the portrait of a terrorist not only is inherently political (and at certain junctures, politicised), but also reflects the changing nature of the state. While able to ethnicise and externalise the Communist Terrorists (CTs), the rise of Islamist militancy forced the Malaysian state to shelve the term “terrorist” in favour of religious “deviancy” until the advent of the “war on terror”. Advancing along a state-driven Islamisation project, the discursive ideal that is the “Islamic state”, was securitised (1980–2001), normalised (2001–2013), and resecuritised (2014–2016) as a balancing act not only to neutralise the security threat but also to augment the state’s “Islamic” credentials for domestic political gains. Following the emergence of the Islamic State (IS), I argue that the Malaysian state is now embroiled in an “Islamic state versus Islamic State” dilemma, where in the face of a far enemy it cannot decisively eliminate, the state has no choice but to defend itself as a sovereign nation-state as well as an “Islamic” one, further problematising Islam in discourses of security and violence.     

The unlikely terrorist: women and Islamic resistance in Lebanon and the Palestinian territories

Islamic resistance groups in Lebanon and the Palestinian territories have been accused of using terrorist tactics to achieve their aims. Although some critics suggest that such groups may also have hijacked the democratic agenda in ways that disadvantage women, their supporters claim that they are promoting a model of modernity that is empowering women. This article examines the reasons why some Lebanese Shi'i and Palestinian women support the resistance against Israeli invasion and occupation that is justified in terms of religion. Far from seeing the actions of Hizbullah in Lebanon and Hamas in the Palestinian territories as acts of terrorism, many women welcome the resistance as it brings dignity and meaning to their lives and enhances feelings of national identification.     

The demise of Oslo and Hamas’s political engagement

Abstract

This article explores the consequences of the Oslo Accords on the Palestinian Islamic Resistance Movement, Hamas. It shows how the movement positioned itself from the onset in opposition to the treaty and ensuing peace negotiations, rejecting the changes which took place within the Palestinian political establishment; namely, the creation of the interim self-governing Palestinian Authority. It demonstrates how Hamas’s refusal to grant the Oslo Accords any legitimacy was a primary factor in its decision to boycott the first Palestinian Legislative Council (PLC) elections in 1996. With the failure of the peace negotiations and the subsequent eruption of the Second Palestinian Intifada, the framework for the implementation of the Oslo Accords was seen to have effectively collapsed. This article argues that it is this perceived ‘demise’ of the peace process which—to a large extent—underpinned Hamas’s decision to participate in the PLC elections a decade later, in 2006. In mapping this transition, the article explores the factors motivating Hamas’s subsequent entry into the Palestinian political establishment.     

Securitised development and Palestinian authoritarianism under Fayyadism

This article analyses perceptions of the Palestinian Authority’s post-2007 state-building project—popularly known as ‘Fayyadism’—by assessing academic and practitioner literatures on the topic, and by drawing on the findings of ethnographic fieldwork conducted at two sites in the West Bank: Balata and Jenin refugee camps. It argues that the ethnographic data reveals that despite the self-proclaimed institutional successes of Fayyadism, its achievements have failed to have a meaningful impact on the basic rights of Palestinians. These voices from below articulate the detrimental effects that Fayyadism has had on their resistance against Israel’s occupation, and by extension on their own protection and security. Criticisms focus on the absence of local legitimacy and accountability, and question the agenda of Fayyadism, its political basis and its trajectory as they relate to the Palestinian struggle for freedom.     

Widening the Protection Gap: The 'Politics of Citizenship' for Palestinian Refugees in Lebanon, 1948-2008

Lebanon has been a reluctant host to Palestinian refugees since1948. A mainstay of Lebanese policies vis-à-vis the Palestinianrefugees has been preventing their permanent integration andsettlement in the country. The question of naturalizing refugeesis one of the most contentious political issues in Lebanon today.Palestinian refugees tend to live in conflict-ridden environments,often at the margins of the host society. This first of allapplies to the camp-based refugees, who languish in dilapidatedand overcrowded camps. Unable to return to Palestine and marginalizedby the host society, they are caught in a legal limbo. In orderto understand the complex legal regime that governs their refugeestatus, it is necessary to examine their rights as refugeesin international law, regionally as hosted by Arab League statesand nationally as residents of Lebanon. The rights regime iscomplex and contributes to a critical ‘protection gap’for the refugees. This article demonstrates how this protectiongap was created and widened by historically contingent, international,regional and national legal rights regimes.     

Corporate security practices and human rights in West Papua

This article explores the intersections between large extractive companies, security governance and human rights. It contributes to understandings of how extractive companies can influence human rights protection in their areas of operation. Drawing on a case study of West Papua, the article argues that extractive companies have important opportunities to promote human rights through their security practices. However the power of extractive companies to determine human rights outcomes is limited by a variety of factors. Examples include: state narratives of nation-building, the financial interests of security personnel and the history of the company's involvement in the area.     

The Eu's Response to 9/11: A Case Study of Institutional Roles and Policy Processes with Special Reference to Issues of Accountability and Human Rights

ABSTRACT

The challenges of 9/11 required a wide ranging response across all three of the broad divisions of EU policymaking competence: the economic and monetary union, common foreign and security policy and internal security. These policy divisions make up the ‘three pillars’ of the EU's political architecture. This article reviews general issues of accountability and human rights protection in the EU's policymaking and implementation process, the evolution of the EU's response to terrorism, and the general response to 9/11. It then considers, in detail, the implications of the various response measures adopted under each ‘pillar’. The article demonstrates the emphasis that the Member States have placed on security measures and the wider concerns that their content and speed of adoption left little scope for other views to be heard. The article lays stress upon the fact that the effectiveness of the response measures are crucially dependent on the variable implementation capacity of the Member States. The article concludes by noting how the 2004 EU Constitution [Article I-42] requires Member States to ‘…?act jointly in a spirit of solidarity if a Member State is a victim of a terrorist attack….’     

Regulating the Media: Some Neglected Freedom of Expression Issues in the United Kingdom's Counter-Terrorism Strategy

ABSTRACT

In the wake of the first ever Al Qaeda-inspired bombings in Britain in July 2005, there has been much discussion about the appropriate form(s) of counter-terrorism response. This article focuses on one aspect of the “war on terror” usually afforded less prominence than other counter-terrorist measures; namely a range of existing and proposed constraints on media freedom and the constitutional/human rights issues provoked. The United Kingdom is the focus because terrorism laws intended for the ethno-nationalist conflict in Northern Ireland have been replaced by legislation in 2000 and 2001 claimed to reflect the changed nature of terrorism and that arguably has serious implications for freedom of expression. Measures that would impact adversely on speech are being debated in Parliament presently, measures that go considerably further than the previous bans on the direct broadcasting of Sinn Féin representatives and their sympathisers.     

Parting the Black Sea (Region): Geopolitics,Institutionalisation and the Reconfiguration of European Security

Abstract

This article examines critically one of the most active regional dynamics of European security, centred on the Black Sea. Recently, the Black Sea region has received increased attention from a variety of political actors, who seek to increase the profile of the region in order to develop a common regional identity and an integrated approach to the security problems of the Black Sea region. This resurgence of the Black Sea region can be understood as the combined product of local interests, European integration and the ‘global war on terror’. The main argument of the article is that Black Sea security integration is characterised by a fundamental contradiction between two different logics of security—geopolitical and institutional. Three other problems—transposition, fragmentation, and duplication—are also discussed. In the conclusion, the article examines the significance of the efforts to build the Black Sea region for the future of regional integration in European security.     

American military presence in Europe

Despite the efforts put into negotiations, they have created a self-perpetuating cycle of disappointment, frustration and empty dialogue. With contradictory Palestinian and Israeli agendas – Palestinians negotiating for an independent state, an end to occupation, etc., and Israel negotiating primarily over security concerns – one must question the reason behind prolonged negotiations. Is US mediation, accused by many of extreme bias towards Israel, to blame? Or are negotiations an Israeli objective to execute a particular political agenda? In spite of the international community's recognition of establishing an independent Palestinian state, the current reality on the ground undermines any creation of one. This reality was allowed only by the strategic prolonging of negotiations. A particular focus on the proceedings following the Oslo Accords explains how Palestinian--Israeli negotiations have been used to pursue a specific objective.     

Curious Victory: Explaining Israel's Suppression of the Second Intifada

The article examines Israel's successes and failures during the Second Intifada. It argues that Israel's advances came from an effective counterterrorism campaign involving a mix of military operations, defensive measures, and in particular improved intelligence gathering. Domestic resilience also proved strong in the face of a brutal terrorism campaign. Yet long-term victory remains elusive for Israel. Deterrence, always difficult against terrorist groups, is growing harder for Israel. Hamas's control of Gaza, and the mistrust and hatred sown during the Second Intifada, have hindered a political deal between Israel and moderate Palestinians. Much of what went into successful counterterrorism, notably the security barrier and the aggressive campaign of raids and arrests, does not jibe with most visions of what peace would look like and makes a deal harder to achieve. To make a peace deal work, Israeli counterterrorism must change, with measures including relocating parts of the security barrier, bolstering moderate Palestinian politicians, and working with, as opposed to undermining, Palestinian security forces in the West Bank.     

National heroes or coming anarchy? Vigilant youth and the “war on terror” in Nigeria

In this article, I explore analytically how local youth vigilante groups in terror-stricken northeastern Nigeria – locally known as the Civilian Joint Task Force or yan gora (“youth with sticks”) – are responding to threats to their communities posed by the terrorism of Boko Haram and the human rights abuses of the Nigerian security forces. The article argues that vigilantism has been a way for victimised local youth to reclaim a sense of control and agency in a context of risk, radical uncertainty, powerlessness and heightened fear. While one group of victimised and angry youth (Boko Haram) in northeastern Nigeria are violently resisting the state, another group of victimised and angry youth (yan gora) from the same region are joining forces with the state to protect members of their local communities and to restore peace to their troubled region. However, growing concerns that the yan gora are a “coming anarchy” have compelled state-endorsed youth empowerment schemes geared at integrating the militia into Nigerian security service, while regulating their actions and instilling patriotism and discipline in its members. Yet, such hybrid security arrangements may end up reproducing the very insecurity they were meant to forestall.     

Researching rendition and torture in the War on Terror: lessons from a human rights organisation

This article describes some of the main methods and challenges of researching rendition and torture in the war on terror by a Muslim human rights organisation in the United Kingdom. It describes some of the main lessons learned from the past few years of such investigations and reflects on how such lessons might offer insights to academic research in the area.