The murder in Toulouse and Montauban France this month of 7 innocent people including three school children was committed by a Wahhabi-Salafi-Jihadi-Takfiri cult member Mohamed Merah.
Even though known to authorities to be an extremist and being ‘watched’ and even though the Americans also knew of him and put him on a no-fly to US list, he could not be arrested authorities say because French Prime Minister Francois Fillon argues, “Belonging to a Salafist organisation is not an offence in and of itself…We cannot mix up religious fundamentalism with terrorism, even if we know there are elements that unite them.”
Perhaps Monsieur Fillon would do well to (take a leaf out of his mother’s book and) study history. Who was behind most of the terrorist attacks in the West since 1990? The media made it look like ‘nutters’ like the underpants bomber Umar Farouk Abdulmutallab and ‘freaks’ like Richard Reid the Shoe bomber were ad hoc potential criminals who just so happened to have a background that included coming from an Islamic background. However if one looks carefully at the global Jihadi attacks for the past 20 years and Mohammed Merah’s path into the cult behind his motivation for the attacks one will see that the same cult was behind many others radicalization that lead to terrorist attacks in the West. Then Prime Minister Fillon will know what France is up against and understand that their new foe is no less organized committed and lethal than the Nazi’s were and that their Republic is in great danger unless they deal with the extremist conveyor belt of this cult at its source and help strengthen traditional Islam which is in as much mortal danger as the French State. If Fillon does not ‘join the dots’ Toulouse will only be the beginning.
Mohamed was born in France from Algerian parents and grew up with his three brothers and two sisters in a troubled high-rise estate called ‘Les Izards’, home to a large North African population, in Toulouse, South West France. He was first arrested at 16 for stealing and again at aged 18 and 20. Even though he had a reputation for extremist tendencies on his own housing estate in Toulouse and his brother Abdelkader Merah, had links to jihadists in Libya, Mohamed’s path to radical Islam began when he was 18 in Toulouse in 2007 while serving a prison sentence for robbery.
He was like so many troubled Muslim youths approached by Salafist groups like Forsane Alizza (FA- The Knights of Pride) and encouraged to progress his study their cult which was their brand of militant Salafi ‘Islam’ from their radical mosques or private ‘prayer groups’ and if suitable for mission training Al Qaeda operatives then arranged for the acolyte go to Pakistan for deeper indoctrination into the cult and specialist weapons and bomb training when he got out.
Forsane Alizza aka ‘Sharia4France’ is ostensibly an anti-Islamophobia group but authorities say it is a terrorist organization that used the mantra of anti-Islamophobia to mask its deeper purpose of radicalizing disenchanted youth from Islamic backgrounds. They followed the rhetoric of fellow terrorists like Yemeni-American cleric Anwar al-Awlaki to recruit disillusioned youth from Islamic communities in the West away from the traditional Islamic faith of their parents who immigrated to the West and instead adopt their cult. Their cult made everything from their plight to the perceived injustice of Muslims around the world easily understood in a populist way and in the vernacular. The converts were shown a way out of their sin and into heaven by taking the express lane of radical militancy to attack all enemies of the Wahhabi-Salafi Jihadi’s (the only true Muslims) whether they be Crusader-Zionists in AF-PAK, Shia Muslims, Sufi Muslims or Moderate Sunni Muslims (all apostates in the cults eyes to be excommunicated (Takfiri) and worthy of death) or non-Sharia democracies in the West. The ultimate goal of the cult is establishing a kind of ‘Third Reich’ Salafist caliphate stretching from Chechnya to the Philippines that will restore pride and power to “Muslims” (the ones that are left after the bad Muslims have been enlightened as to the true ‘path’ or eliminated); hence their name Forsane Alizza -The Knights of Pride.
Forsane Alizza has links to other radical Islamist groups in Europe, such as al-Muhajiroun / ‘Islam4UK’ in Britain and ‘Shariah4Belgium’, ‘Muslims Against Crusades’ as well as ‘Revolution Muslim’ in the United States. Al-Muhajiroun means “the Emigrants”. The name comes from their ‘target market’, the children of traditional Islamic parents who immigrated to the West. These Islamo-Fascist cult’s modus operandi is not unlike the Hitler Youth movement of the Nazi’s, brainwashing the youth with magazines, and sending them to specialized indoctrination schools and camps with their ‘brothers’ and SS style (Mujahedeen) elite training, how to be ‘good Muslims’ just like the Nazi’s did in the 1930’s by teaching the ‘jugend’ how to be ‘good Germans’. The devotees would then have no qualms about the war ahead and what had to be done to the ‘untermench’ (Jews, Crusaders and Takfiri or moderate/traditional Muslims). The allies upon liberating Eastern Europe could not believe how civilized people could commit the atrocities that the Einsatzgruppen did especially against women and children. These Hitler Youth graduates were formed into heartless death squads responsible for the murders of over 1,000,000 people, mainly Jews including women and children in occupied Eastern Europe between 1939 and 1944.
It is no surprise then that when today’s Wahhabi Salafi Takfiri Jihadi’s strike whether its Bali, Beslan or Toulouse, they do so without mercy and show no remorse afterward if they survive. Indeed they often laugh and smile chanting “Allahu Akbar” like the Bali mass murderer Amrozi bin Nurhasyim did when sentenced by an Indonesian Court rejecting his defence that his actions in 2002 planting bombs that indiscriminately killed 202 tourists because he was seeking to ‘strike at America and its allies, especially Israel’ were justified under Islam.
Similarly, the Chechen war of nationalism against Russia turned into an Islamist cause and with it came the Islamo-Fascist propaganda that could justify any form of atrocity on ideological grounds. From the mid 1990’s Saudi charities like Al-Haramain , Benevolence International Foundation (BIF was started by OBL’s brother-in-law Mohammed Jamal Khalifa who also funded 9/11’s precursor the Bojinka Plot), and Wahhabi extremist commanders like Ibn al-Khattab poured millions of dollars and thousands of human resources into establishing several military training and religious indoctrination camps in Chechnya. After the US launched its war in Afghanistan even more Mujahedeen troops and preachers poured into Chechnya subsidizing and thereby taking over traditional Chechen Sufi mosques and Islamic schools spreading Wahhabi-Salafi extremism. This culminated in the 2002 Moscow theatre siege and then the even more devastating and heartless 2004 Beslan massacre in which Wahhabi-Salafi-Takfiri-Jihadi’s took hostage and murdered 335 innocent Russian school children. The message sent by the terrorist cult is that there are no moral boundaries for them.
Groups like AF and Al- Muhajiroun have apart from their proselytizing role for the Wahhabi-Salafi-Takfiri-Jihadi cult have also been involved in many public confrontational incidents including wild demonstrations against the West.
In the UK al Muhajiroun has many modern incarnations/name changes to stay out of the slow moving UK Terrorist Legislation definitions of proscribed Terrorist Organization (such as al-Ghurabaa (AG), the Saviour/Saved Sect (SS), Ahlus Sunnah Wal Jama’aah, Call to Submission, Islamic Path, London School of Shiria, Muslims Against Crusades, Supporters of Sharia and Islam4UK and has been closely linked with Hizb ut-Tahrir). Al Muhajiroun has been associated with the radicalization of Muslim communities away from their traditional moderate beliefs to the Wahhabi-Salafi-Takfiri-Jihadi cult.
Abu Hamza (al-Masri)
Prominent figures include ex-Imam of the radical Finsbury Park Mosque, Abu Hamza al-Masri who discipled the shoe bomber Richard Reid and Anjem Choudary al-Masri’s successor.
It was Finsbury Parks 2ic Choudary who in 2006 arranged a notorious demonstration in London against the Danish cartoons stating “Behead those who insult Islam…Europe take some lessons from 9/11…you will pay demolition is on its way.”
According to surveys carried out by respected Centre for Social Cohesion (CSC), a significant number of UK nationals convicted of Al-Qaeda related terrorist offences had links to FA’s British ‘sister group’, al Muhajiroun (Islam4UK) as a ‘gateway’ into terrorism, providing ideological indoctrination at the beginning of the Salafist extremist “path” and later access to Al-Qaeda recruiters in their Wahhabi funded Mosques who would then prepare them for terrorist ‘finishing schools’ in Khyber Pakhtunkhwa province, North West Pakistan and ‘blooding’ in FATA with Afghanistan insurgents.
In France it can be about the French laws banning women from wearing a full veil (niqab) in public places and posted a number of well-produced videos of its protests in French cities. Forsane Alizza promoted on its website the Wahhabi- Salfai-Takfiri-Jihadi group Al Qaeda’s English-language magazine ‘Inspire’ which has a section dedicated to helping terrorist sympathizers in the West carry out attacks on Western targets.
AF has since been banned by French Interior Ministry for inciting racial hatred in January 2012.
FA’s Mohammed Achamlane, aka Abu Hamza
FA’s leader Achamlane then simply changed its name to ’Force de Défense Musulmane sur Internet’, which says its only mission is to have so called “Islamophobic” material removed from French websites.
The main thing to note about the Islamic Clerics that propagate the Wahhabi-Salafi-Takfiri-Jihadi cult’s beliefs is that they legitimize notions of murder as acts of divine Islamic ordinance and so are direct causal links to the acts of terrorism that follow.
Mohamed Merah’s ‘path’ in the cult was not unlike his fellow countryman, Zacarias Moussaoui (involved in 9/11). He too was from parents who had a traditional Islamic faith from their homeland (Morocco for the Moussaoui family). Unlike Merah, Zacarias Moussaoui had intellect having a master’s degree in International Business from South Bank University in London, having enrolled in 1993 and graduated in 1995. However that intellect did not stop Moussaoui from being proselytised by al Muhajiroun who radicalized him as thoroughly as Forsane Alizza messed with Mohamed Merah’s mind.
Mohamed Merah went to Afghanistan and Pakistan several times between 2008 and 2011 to further his ‘studies’, as they all do. On his first trip in 2008, Mohamed went to Pakistan to be further radicalized before being sent to al Qaeda insurgency operations group in Afghanistan under the leadership, Hamza el Alami, a French Moroccan.
In fact in 2008 he was captured fighting against the US and coalition forces with Al Qaeda insurgents and imprisoned in Kandahar but escaped in a mass breakout in 2008.
In 2011 he may have met with Umar Patek, an Indonesian Salafist terrorist involved in the Bali bombings just before he was caught in Abbottabad Pakistan (the same town OBL was killed later that same year by US Navy Seals). If so then what happened in Toulouse may well have had direct Al Qaeda support and sanction in addition to local sign off from the Wahhabi-Salafi-Takfiri-Jihadi’s in France.
Upon his return it was obvious that he had been brainwashed AF-PAK, he tried to indoctrinate Muslim youngsters in his neighbourhood by showing them video footage of men being decapitated (perhaps it was the beheading of Wall Street Journal reporter Daniel Pearl in Pakistan in 2002 by the self-confessed fellow Wahhabi Salafai Takfiri Jihadi, Khalid Sheikh Mohammed the 9/11 mastermind).
Mohamed Merah went about his killing in Toulouse school playground without remorse and in fact filmed all three attacks as he was doing them (just like his hero Khalid Sheikh Mohammed did when he gruesomely videotaped beheading Daniel Pearle).
Mohamed Merah despite the fact that both he and his brother were on the police ‘radar’ for involvement with Jihadist causes was not put under surveillance and so was able to amass a huge stock pile of weapons and began to plot his ‘glorious heroic martyrdom’ by murdering school children.
In 2008, the Frenchdomestic intelligence service, the DCRI (Central Directorate of Interior Intelligence) was formed as a merger between the Central Directorate of General Intelligence (RG) and the Directorate of Territorial Surveillance (DST). The Toulouse massacres just goes to show that merely creating a bureaucracy without addressing the legal definitions of who a terrorist is, will not stop these atrocities in the future.
French authorities (including Bernard Squarcini chief of domestic intelligence service, the DCRI (Central Directorate of Interior Intelligence) faced justifiable criticism as to why the convicted Jihadist had not been more closely watched and allowed to amass such a large arsenal of weapons. Perhaps it was Mohamed’s close association with a so-called ‘anti-Islamophobia’ group that used the media that caused ‘political correctness’ to turn their gaze away in fear that they may unleash controversy in an election year.
Anti-terrorism chief Francois Molinssaid Mohamed Merah had trained with Al Qaeda terrorists in the Pakistani militant stronghold of Waziristan, and had been planning to kill two soldiers and a policeman. Merah, described himself as an “Islamic warrior” who wanted to take revenge for what was happening to Muslims in the world.
His first murder was on March 11 in Toulouse where he killed an off duty soldier Sgt Imad Ibn Ziaten outside a gym.
Then on March 15 in nearby Montauban he killed two off duty but uniformed soldiers, Corporal Abel Chennouf, 24 and Private Mohamed Legouad, 26 and seriously injured a third 28-year-old Corporal Loic Liber who is still in a coma. In the attacks on the two soldiers in Montauban after shouting out “Allah Akbar”, he acted calmly, stopping to change the magazine of his pistol. Witnesses described how he had turned over one of the wounded men who was trying to crawl away, and fired three more shots into him.
Then on March 18 he dined out with his brother Abdelkader (who as well known to police because in 2007 he was arrested for supporting Salafi jihadists travelling to Iraq to push out Christians and Shia’s and establish their own Islamic Republic based on their cult. But there was insufficient evidence to charge him). One wonders what topics were discussed on the eve of the horrors that were to befall the children at the local Jewish school the next day.
The next day March 19 this self-professed ‘Islamic warrior’ decided to “bring France to its knees” as he later told police during the siege at his flat and so he set off for a Jewish school in Toulouse.
Reminiscent of what his Wahhabi-Salafi-Takfiri-Jihadi ‘brothers’ did in Beslan with such monstrous lack of feeling for children, he set upon a killing spree at the school. Mohammed Merah casually killed Rabbi Jonathan Sandler, 30, who tried in vain to shield his sons from Mohamed. Their father dead, Mohamed took his time and murdered at close range Mr Sandler’s two young sons, 4 year old Gabriel and 5 year-old Arieh. He actually had only wounded Arieh with his first shot so walked after him as the five year old was desperately crawling away and then came up to him and shot him.
Then he turned his attention to a beautiful little eight year old girl Miriam whom he chased into the courtyard, caught her by her hair and raised a gun to shoot her. The gun jammed at this point and Merah changed weapons from what the police identified as a 9-mm pistol to a .45 calibre gun, and having time to think about what he was doing to this poor little girl nevertheless shot 8 year old Miriam in her temple at point-blank range.
Mohammed Merah was shot dead by Police after a two day siege in his flat on March 22, 2012.
During the siege he wanted “to die as a mujahedeen with a weapon in his hands and he would therefore go to paradise. Whereas if it was policemen who were killed, for them it would be too bad…. he had expressed no regrets other than “not having claimed more victims” and was proud of having “brought France to its knees.”
The French authorities need to see this tragedy in context of how the Wahhabi-Salafi-Takfiri-Jihadi’s operate at source and upon execution and change their laws to interdict terrorist instigators before these tragic mass murders take place.
‘Unprecedented terrorist violence’ in West Africa, Sahel region
The top UN official in West Africa and the Sahel updated the Security Council on Wednesday, describing an “unprecedented” rise in terrorist violence across the region.
“The region has experienced a devastating surge in terrorist attacks against civilian and military targets,” Mohamed Ibn Chambas, UN Special Representative and Head of the UN Office for West Africa and the Sahel (UNOWAS), told the Council in its first formal meeting of the year.
“The humanitarian consequences are alarming”, he spelled out.
In presenting his latest report, Mr. Chambas painted a picture of relentless attacks on civilian and military targets that he said, have “shaken public confidence”.
A surge in casualties
The UNOWAS chief elaborated on terrorist-attack casualties in Burkina Faso Mali and Niger, which have leapt five-fold since 2016 – with more than 4,000 deaths reported in 2019 alone as compared to some 770 three years earlier.
“Most significantly,” he said, “the geographic focus of terrorist attacks has shifted eastwards from Mali to Burkina Faso and is increasingly threatening West African coastal States”.
He also flagged that the number of deaths in Burkina Faso jumped from about 80 in 2016 to over 1,800 last year.
And displacement has grown ten-fold to about half a million, on top of some 25,000 who have sought refuge in other countries.
Mr. Chambas explained that “terrorist attacks are often deliberate efforts by violent extremists” to engage in illicit activities that include capturing weapons and illegal artisanal mining.
Terrorism, organized crime and intercommunal violence are often intertwined, especially in peripheral areas where the State’s presence is weak.
“In those places, extremists provide safety and protection to populations, as well as social services in exchanged for loyalty”, he informed the Council, echoing the Secretary-General in saying that for these reasons, “counter-terrorism responses must focus on gaining the trust and support of local populations”.
The Special Representative outlined that governments, local actors, regional organizations and the international community are mobilizing across the region to respond to these challenges.
On 21 December, the ECOWAS Heads of State summit “adopted a 2020-2024 action plan to eradicate terrorism in the sub-region”, he said.
Calling “now” the time for action, Mr. Chambas drew attention to the importance of supporting regional Governments by prioritizing “a cross-pillar approach at all levels and across all sectors”.
Turning to farmer-herder clashes, which he maintained are “some of the most violent local conflicts in the region”, the UNOWAS chief highlighted that 70 per cent of West Africa’s population depend on agriculture and livestock-rearing for a living, underscoring the importance of peaceful coexistence.
The Special Representative also pointed to climate change, among other factors, as increasingly exacerbating farmer-herder conflicts.
“The impact of climate change on security also spawns a negative relationship between climate change, social cohesion, irregular migration and criminality in some places”, he upheld.
Stemming negative security trends
The UNOWAS chief noted that in the months ahead, Togo, Burkina Faso, Cote d’Ivoire, Ghana, Guinea and Niger would be democratically electing their leaders and maintained that “all-too-worrying” security trends must not distract from political developments.
“Unresolved grievance, incomplete national reconciliation processes and sentiments of manipulation of institutions and processes carry risks of tensions and manifestations of political violence”, he warned.
In the months ahead, Mr. Chambas stressed that UNOWAS would continue to work with partners on the national and regional levels to promote consensus and inclusiveness in the elections.
“As UNOWAS’ mandate is renewed, we count on the Council’s continued full support”, concluded the Special Representative.
New Report Proposes Global DNA Synthesis Screening System to Counter Biotech Terror
Rapid advancements in commercially available DNA synthesis technologies – used for example to artificially create gene sequences for clinical diagnosis and treatment – pose growing risks, with the potential to cause a catastrophic biological security threat if accidentally or deliberately misused.
A new World Economic Forum and Nuclear Threat Initiative report, “Biosecurity Innovation and Risk Reduction: A global Framework for Accessible, Safe and Secure DNA Synthesis,” gathers opinion from a group of global public- and private-sector experts who propose standardized screening practices to counter the threat.
Since scientists demonstrated the means to create a full viral genome in 2002, DNA synthesis technologies have become increasingly available and frequently used by scientists and engineers around the world. These technologies support myriad advancements in synthetic biology, enhancing the efficiency and sustainability of industries including energy, food, agriculture, health and manufacturing. Further advances in technology hold great promise for sustainable development and a safer and more secure society.
At the same time, new approaches to DNA editing and synthesis have made it easier to manipulate biological agents and systems, increasing the risk of a catastrophic accidental or deliberate biological event. These technologies make it possible to create pathogen or toxin DNA that could be misused. For example, in 2018 researchers published work detailing the synthesis of horsepox virus, an extinct virus related to smallpox, using synthetic DNA fragments purchased from a commercial provider. This demonstrated the potential for creating other viruses via commercially available technologies.
Although many DNA providers practice screening procedures, this approach is voluntary and is becoming increasingly expensive. As access expands and the cost of DNA synthesis declines, more DNA is likely to reach the market via additional providers, significantly expanding the user base. In the next two to three years, a new generation of benchtop DNA synthesis machines, enabled by enzymatic DNA synthesis methods, could become available without guidance or norms to prevent misuse.
This report, endorsed by an international expert Working Group, recommends a global system for synthetic DNA screening practices by developing an international, cost-effective, and sustainable mechanism to prevent illicit practices and misuse. The new framework improves the existing voluntary guidelines because it standardizes screening processes, is accessible to new players in the market, and provides valuable feedback data to evaluate the screening – all at lower cost.
“Biotechnology is at the centre of the Fourth Industrial Revolution. To deliver on the promise of the biotechnology revolution, we must seize opportunities to develop and deliver life-advancing innovations while simultaneously and urgently addressing potential risks associated with a growing and democratized bio-economy,” said Arnaud Bernaert, Head of Shaping the Future of Health and Health Care at the World Economic Forum.
The report also proposes that companies, international organizations and governments should explore options for the sustainable oversight and the maintenance of this proposed DNA sequence screening mechanism. DNA synthesis capabilities, in addition to other emerging technologies, can benefit from a larger system of common global life-science norms overseen by a globally recognized entity.
“Global DNA synthesis screening can be a critical tool to reduce the risk that life-science technologies could be deliberately misused to carry out biological attacks or accidentally result in a high-consequence or catastrophic biological event. The time is now,” said Ernest J. Moniz, Co-Chair and Chief Executive Officer of the Nuclear Threat Initiative.
Pensacola Rampage, Counter-Terrorism and Power Over Death
“’I believe’ is the great word against metaphysical fear, and at the same time it is a promising avowal of love.”-Oswald Spengler, The Decline of the West
On December 6, 2019, Mohammed Alshamrani, a second lieutenant in the Royal Saudi Air Force deployed at a US Naval air station in Pensacola, Florida, opened fire with a 9-millimeter handgun, killing three service members, and injuring eight others. Although the shooter’s precise motive and ideology have not yet been fully established, there is tangible evidence that only hours before his murderous rampage, Alshamrani had railed against the United States for its support of Israel and also for stationing troops in Saudi Arabia. Also plausible is that he fully expected to be killed during the shooting melee, a welcome expectation that suggests a sought-after status of “martyrdom.”
More than likely, recalling certain earlier insights of Oswald Spengler, “I believe” was integral to the shooter’s core Jihadist ideology, a presumed avowal of God’s anticipated grant of immortality or power over death. Hence, Alshamrani’s slaughter of certain “others” was actually an “avowal of love.”
Going forward, what matters most in this violent episode is what can be learned from the standpoint of improved US counter-terrorism practice. Above all, the lesson is as follows: There can be no greater form of power in world politics than a divinely promised power of immortality. Until now, this always preeminent form of power has remained essentially unrecognized by both scholars and policy-makers. In effectively all Jihadist terrorism-vulnerable countries, counter-terrorist strategies remain tangibly detached from what is most important.
There will be various pertinent concepts and theories to be systematically pondered. For Jihadist terrorists, the ultimate rationale of every operation must concern a presumed power over death. Without such a core presumption, prima facie, there could be no rational purpose in ever launching “martyrdom” operations. This means, inter alia, that any government interested in more effective counter-terrorism must first learn how to suitably obstruct such a far-reaching terrorist presumption.
Whatever particular answers may be reached in these complex matters, the task involved must always be approached as an intellectual one. Or, as the ancient Greeks and Macedonians wrote about the art of war, it is always, necessarily, a multilayered task of “mind over mind” rather than just “mind over matter.”
Here, too, there will be certain corollary and convergent considerations of legality. Without exception, those Jihadist insurgents who would seek to justify willful injury and execution of noncombatants (e.g., American, European, Israeli, etc.) in the name of “martyrdom” are defiling authoritative international law. Even if the murderous terrorist calls were somehow grounded in jurisprudence – that is, they would have recognizable elements of “just cause” – these criminals would still be guilty of wrongdoings.
Absolutely egregious and unjustifiable wrongdoings.
To wit, under binding law, insurgents, even those with a more-or-less defensible “just cause,” must nonetheless satisfy assorted jurisprudential limits on permissible targets and permissible levels of violence.
In all such law-based matters, the ends can never justify the means.
There is more. Under international law, even the most presumptively “sacred” rights of insurgency exclude the intentional targeting of civilians and/or a use of force designed to inflict gratuitous suffering. Whatever else might be said of any particular insurgent resort to force, it is always an impermissible insurgency (i.e., terrorism) when fighters choose to murder individuals in their homes or automobiles by stabbing and shooting. It is also always terrorism when such “martyrs” more systematically deposit nail-filled bombs in hotels, airports, buses or school playgrounds, or when they choose to heighten their odds of achieving immortality by opening fire at allied soldiers “on base.”
Sometimes, more or less explicitly, Jihadist insurgents have advanced a long discredited legal argument known as tu quoque. This formal argument maintains that because the other side (e.g., “infidels,” “apostates,” “blasphemers”) is allegedly guilty of an equivalent or greater criminality, the Jihadist side is free ipso facto of any consequent legal wrongdoing. Such a disingenuous argument is always more-or-less inventive, but it is also always invalid.
Apropos of this unchanging invalidity, one need only be reminded of the postwar judgments rendered by the Nuremberg and Far East (Japan) international tribunals. Both landmark tribunals refused to accept any defense of tu quoque.
There is more. Regarding conventional armies and insurgent forces, the residual right to use armed force can never supplant the peremptory rules of humanitarian international law. Such utterly primary or jus cogens rules are correctly referenced as the law of armed conflict orthe law of war.
Today, especially in parts of Asia and the Middle East, supporters of terror-violence against selected noncombatants insist wrongly that the ends somehow justify the means. Leaving aside the ordinary ethical standards by which any such specious argument must be regarded as indecent, the ends can neverjustify the means under binding international law. Appropriately, for more than two thousand years, conspicuous legal principles have specified that intentional violence against the innocent is prohibited.
In law, such violence is malum in se, or “evil in itself.”
In law, one man’s (or woman’s) terrorist, can never be another man’s (or woman’s) “freedom-fighter.” Although it is true that certain insurgencies can sometimes be judged lawful or law-enforcing, even such presumptively allowable resorts to force must still conform to the longstanding laws of war.
Jurisprudentially, it comes down to this: Whenever an insurgent or insurgent group resorts to unjust means, these actions constitute terrorism. For example, even if now ritualistic Palestinian claims of a hostile “occupation” were to be accepted as reasonable and lawful, any corollary claims of entitlement to “any means necessary” would nonetheless remain false.
International law always displays variously specific and determinable forms. Accordingly, it cannot be casually invented and reinvented by individual terrorists, terror groups or their state patrons in order to justify selective interests. This is especially true where terror violence intentionally targets a designated victim state’s most fragile and vulnerable civilian populations.
National liberation movements that fail to meet the test of just means are never correctly described as lawful or legitimate. Even if authoritative law were to accept the questionable argument that PA, Hamas and assorted sister groups had fulfilled the accepted criteria of “national liberation,” they could still not satisfy the equally relevant legal standards of discrimination, proportionality, and military necessity. More precisely, these critical standards were applied to insurgent or sub-state organizations by the common Article 3 of the four Geneva Conventions of 1949, and (additionally) by the two 1977 Protocols to these Conventions.
Standards of “humanity” are also binding upon all combatants by virtue of certain broader customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, commonly called the “Martens Clause,” makes all persons responsible for the “laws of humanity,” and for the associated “dictates of public conscience.”
There is more. Under international law, going back to the “classical” writings of Hugo Grotius and Emmerich de Vattel (legal scholars embraced by the American Founding Fathers in writing both the Declaration of Independence and the Constitution), terrorist crimes always mandate universal cooperation in apprehension and punishment. As punishers of “grave breaches” under international law, all states are expected to search out and prosecute or extradite individual terrorists. In no conceivable circumstances are governments ever permitted to treat terrorist “martyrs” as legitimate “freedom fighters.”
This is emphatically true for the United States, which incorporates international law as the “supreme law of the land” at Article 6 of the Constitution, and which was formed by its Founding Fathers according to timeless principles of Natural Law. Although generally unrecognized, even by US lawyers, core legal authority for the American republic was derived from Blackstone’s Commentaries.
There is more. In law, rights can never stem from wrongs. Even if American or Israeli Jihadist adversaries continue to insist on identifying themselves as “martyrs,” such treatment can have no exculpatory or mitigating effect on subsequent terrorist crimes.
Ultimately, Jihadist insurgents are in search of the most plainly supreme form of power on earth – power over death. Derivatively, counter-terrorism policy-makers in the United States, Israel, or Europe ought never lose sight of immortality as a prime driver of terrorist crimes. Though not usually apparent or self-evident, it is the incomparable promise of power over death that could soon drive Jihadist operatives to certain “higher-order” or WMD forms of destruction.
At that point, which could become nuclear and/or biological, the key counter-terrorism struggle of “mind over mind” will already have been conclusively and irretrievably lost.
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