In the matter of the extradition of Mahmoud Abed Atta,a/k/a “Mahmoud El‐Abed Ahmad,” Defendant

Academics and military analysts regularly attempt to distinguish terrorists from insurgents through focusing on the extent to which these adversaries (a) adopt nonviolent methods, (b) apply uncompromising forms of violence, (c) generate local support, (d) recruit and maintain manpower, and (e) control territory. In contrast, this article argues that attempts to distinguish between these adversaries inevitably fail, firstly, as they arbitrarily impose binary distinctions upon continuous variables (e.g., in levels of support, manpower figures), and secondly as there is a lack of agreement across these supposedly identifying characteristics. Thus, contrary to common wisdom, it is concluded that there is no contradiction in simultaneously labeling groups such as the Taliban and Al Qaeda as both terrorists and insurgents. Indeed, a complete understanding of these groups requires an assessment of their activities at both the tactical (as terrorists) and strategic (as insurgents) levels.