In a post for Jihadology a few weeks back, I identified how the Islamic State of Iraq and ash-Sham (ISIS) was playing an important role in the fighting on the outskirts of the city of Aleppo and in the surrounding countryside.
Since that time, it has become apparent that the group has been seeking to expand outwards and to consolidate control over outlying towns in both the Aleppo and Idlib regions, particularly those of strategic importance along or near the border with Turkey.
This initiative has already served to foster division. For example, in the town of Azaz, which is in close proximity to the Turkish border, a protest ocurred on July 1 against ISIS’ entry into the town and its attempt to establish headquarters there. Yet on July 5, Azaz saw a counter-rally in favor of ISIS featuring a slogan common for such demonstrations—’Labbayka ya Allah’ (‘I am at your service, God’)—accompanied by conspicuous numbers of ISIS flags.
It should be noted that this pattern of division—between those members of Syrian society who support ISIS vs. those who do not—is also observed in the city of Aleppo itself, where ISIS supporters have generally held separate rallies from those of other demonstrators. (I have found one notable exception: a rally on June 4 for the then-besieged city of Qusayr in the area of al-Firdus, featuring both ISIS and Free Syrian Army [FSA] flags).
Resentment over the ISIS presence in Azaz grows. One notable outlet for this disapproving sentiment is a youth activist Facebook page called ‘The Youth of Aleppo—Azaz‘ which posted the following status: ‘We ask the Islamic State of Iraq and ash-Sham to establish their state from Iraq [meaning ‘in Iraq’?] since the system of prostitution [there] has not yet fallen.’
The group has also circulated an alleged statement from a local council in the town of Tel Abyaḍ in Raqqah Governorate claiming that the ISIS has confiscated internationally-donated generators intended to provide drinking water for the residents of the town.
On the other hand, ISIS is attempting some outreach to the locals of Azaz, offering Qur’an and Sunnah recitation competitions—among other religious activities—for the population during Ramaḍān.
As for other towns, here is a photo of the ISIS headquarters in the northern border town of Jarabulus. The banner reads: ‘The Islamic State of Iraq and ash-Sham: Province of Aleppo. Emirate of Jarabulus.’
One activist page on Facebook called ‘Jabhat al-Nusra does not represent me’ claims the following to give context to the first photo: ‘Photo from Jarabulus following the seizure of it by al-Qa’ida after battles with the FSA. It is said that ISIS then killed scores of civilians, among them children, during al-Qa’ida’s attempt to occupy the town.’
In a similar vein, on June 15, the Arabic news outlet al-Waie News claimed to cite a local source in Jarabulus on clashes between ISIS and a rebel battalion known as the ‘Family of Jādir,’ which uses the FSA flag.
The source claimed that the clashes started after a member of ISIS was wounded during a round of celebratory gunfire that followed a concord reached between the two groups, giving rise to a renewed violent battle between ISIS and the Family of Jādir for fifteen hours, resulting in ISIS’ seizure of the town, as well as the killing of one ISIS fighter and several from the Family of Jādir.
On 13 June, the leader of the Family of Jādir—Yusuf al-Jādir—released video testimony in which he claimed that ISIS launched an attack on the home of Ahmad al-Jādir and then began shooting at dozens of innocent civilians, resulting in the deaths of several children: among them, Mahmoud Kerkaz, Sheikho Shawish, Ibrahim al-Ahmad, and a young Kurdish girl. He continues by documenting other alleged acts of ISIS aggression in the town.
It thus appears that ISIS seized control of Jarabulus by force. One thing that is important to note from the opposing testimony is the issue of naming. The source for al-Waie News from Jarabulus merely sees ISIS as a new name for Jabhat al-Nusra (JN) in the town, and Yusuf al-Jādir likewise deems the two names interchangeable.
Thus, even if my formulation for the city of Aleppo itself—that ISIS and JN are two separate entities—applies here, the perception of at least some residents of the town nevertheless differs. As in Raqqah, the two may well be interchangeable in Jarabulus.
The concept of interchangeability could make sense here in light of the fact that JN has had an active presence in the northern Turkish border areas in the past (cf. clashes with Farouq Battalions in April on the border in Raqqah Governorate). Certainly, Jarabulus has been known for a JN presence in the past: here is a video of a JN-led rally in Jarabulus from December 14, 2012, featuring the chant of ‘We are Anṣar Allah.’
In this context, one should also note a revealing report from the Damascus Bureau, which actually visited Jarabulus. The reporter, Youssef Shaikho, explains that Jabhat al-Nusra in Jarabulus supported the announcement of ISIS, and most of its fighters in the town are native Syrians, providing a notable exception to the media narrative of ISIS as a group solely composed of foreign fighters.
Further blurring the lines of group-alignment and public sentiment, not all those who, like al-Jādir, use the FSA flag in Jarabulus are necessarily opposed to ISIS’ ideological vision. For example, here is a Facebook activist page from Jarabulus that uses the FSA flag. Yet it has put up a status that laments the loss of the Khilafa (Caliphate) and denounces the UN and its decision-making as a mere front for occupation.
In any event, ISIS is now said to be operating an active Shari’a court in Jarabulus, which has allegedly executed three young men recently on charges of rape and murder. ISIS is also accused of detaining the son of a prominent martyr from the Family of Jādir known as Abu Furāt.
In terms of the reasons behind the Jādir-ISIS clashes, one should be cautious about presenting them as a simple ideological battle. It rather seems to have been a power struggle for control of an important border area. The Kurdish PYD, as the Damascus Bureau notes, also has a small activist presence in Jarabulus, yet it has been left untouched and tolerated by ISIS.
At the same time, ISIS is trying to counter the allegations put out about its conduct in Jarabulus by emphasizing local support in the town for the group, including children.
Another town in rural Aleppo where ISIS is establishing its presence is al-Bab. On July 5, the outlet Saḍa ash-Sham al-Islami put up a set of photos of a meeting for Dawah held by the ISIS in al-Bab. [Da’wa means “invitation” and often refers to proselytism—the inviting of others to join Islam. In this case, it refers to outreach to Muslims to strengthen their faith.]
In contrast to what appears to have been a more aggressive approach in Jarabulus, ISIS seems to be engaging in an active outreach effort to the population of al-Bab. Thus, the local outlet al-Bab Press reported that ISIS is running school bus services for children who have seen their education disrupted for many months by Assad regime bomb attacks. A local FB page in al-Bab also gave an account last month from an ISIS fighter of clashes between ISIS and Assad regime soldiers aided by Hezbollah fighters in the wider Aleppo area.
The town of Manbij offers a case contrasting with that of al-Bab. Recently, Manbij has seen a protest rally against ISIS. The demonstration was sparked by two grievances against ISIS: first, ISIS is accused by some local activists of destroying works of art in Manbij, and second, of kidnapping a local sheikh. Protests continued into Friday of last week, on which day ISIS had been holding a daw’ah meeting in Manbij featuring a number of locals in support of the group.
Prior to Abu Bakr al-Baghdadi’s announcement of the formation of ISIS in early April, Manbij had been known for an active JN presence in alliance with Ahrar ash-Sham, who together took on the Farouq Battalions in violent clashes in the town at the beginning of the month, resulting in the expulsion of the Farouq Battalions from Manbij.
The clashes began after Ahrar ash-Sham had arrested a certain Abu Khaldun, a friend of the leader of the Farouq Battalions in Manbij. Ahrar ash-Sham and its allies justified the arrest on the grounds that this man had been one of the leading criminal figures in Manbij and had to be put on trial by the Shari’a committee in Aleppo, while emphasizing that there was no fundamental conflict between them and those under the banner of the FSA.
Following the defeat of the Farouq Battalions, Ahrar ash-Sham held a victory rally in Manbij on 6 April with dozens of supporters and allies, featuring the al-Qa’ida flag and a banner reading ‘The Ummah wants an Islamic Khilafa.’ The person who uploaded the video described it as being held in celebration of the expulsion of ‘gangs of thieves’- a common charge leveled against the Farouq Battalions in the north, which unlike the Ikhwaan-aligned Homs division lack ties to any major Islamist groups.
On a side note, the rally itself should illustrate that those who posit a strict dichotomy between supposedly ‘nationalist’ Salafists in Ahrar ash-Sham as opposed to transnational jihadists are mistaken. This rally in Manbij and Ahrar ash-Sham’s statement on JN’s pledge of allegiance to al-Qa’ida show that concepts of the transnational ummah that supersedes “artificial borders” and the nation-state of Syria are often blurred in Ahrar ash-Sham’s ideological thought.
Of course, one also must not generalize in the opposite direction and portray all of Ahrar ash-Sham as bent on an international Khilafa. Yet whenever non-Islamists protest against groups like ISIS, as a rule Ahrar ash-Sham can be expected to side with the latter (cf. the case of Raqqah which I documented last month).
In the context of Manbij, therefore, one should not be surprised about a blurring of distinction between Ahrar ash-Sham’s support base and what is now known as the ISIS presence. Indeed, it is also apparent that there is another virtual mirror front of ISIS active in Manbij: namely, Ansar al-Khilafa, which is composed of a mix of native Syrians and foreign fighters, though exact proportions are unclear.
Ansar al-Khilafa is most prominent in rural Aleppo and Latakia. In the April rally led by Ahrar ash-Sham, it is likely that there were Ansar al-Khilafa supporters among the crowd.
The final case we come to on the subject of ISIS’ expansion is that of ad-Dana in Idlib, near the border with Turkey. Here, a protest rally is said to have taken place against ISIS (though no video footage of it has emerged so far), sparking violent clashes. Yet it is the only case where we have a mainstream media outlet allowing ISIS to give its full side of the story thanks to an al-Jazeera English report (H/T: @khalidelmousoui) from the town. In the report, ISIS fighters claimed that those denouncing their presence were actually agents of the Assad regime.
However, it appears that this testimony is contradicted in an account given by pro-ISIS activists in Idlib, who denounced the clashes as ‘the work of some of the apostates of the Free Army.’ Meanwhile, a pro-ISIS Twitter user complained at the time of the clashes that the ‘malicious Free Army’ was besieging ISIS and expressed concerns about the beginnings of a ‘Sahwa’ movement against ISIS.
As of now, the al-Jazeera report says that ISIS is the only remaining armed group in the town. This is corroborated by local Idlib activist testimony that there are now no armed clashes in the town and reconciliation initiatives are underway. At the same time, claims that ISIS executed dozens of supporters of those identifying under the banner of the FSA—stemming chiefly from an ad-Dana rebel leader’s testimony were denied.
That said, both the rebel leader whose testimony is given by the Syrian Observatory for Human Rights and the al-Jazeera report corroborate each other on the ISIS fighters as being from outside Syria.
Now in control of the town, ISIS is running a school for the children, and the ISIS presence as reported by al-Jazeera is corroborated by a video that has now emerged of ISIS fighters manning the entrance into ad-Dana.
In short, these various cases illustrate ISIS’ growing power in the north of Syria. ISIS is clearly not a force to be dismissed as marginal without any real support on the ground, even as its presence is undoubtedly sparking backlash in many areas. Above all, these recent developments as regards ISIS’ expansion vindicate to an extent my prediction in March in a guest post for Syria Comment about the emergence and establishment of jihadist strongholds in the north and east of Syria.
In terms of the future, one needs to be skeptical of the narrative being put out by Supreme Military Command (SMC) supporters of a looming, grand-scale FSA effort to take on ISIS in the north of Syria in a fundamental clash of ideologies. Resentment at the ideological level is more to be expected from civilian protestors rather than armed rebels.
One should particularly note my distinction here between SMC supporters and those in general who go by the banner of the FSA. While SMC supporters would like to portray all of those under the banner of FSA as opposed to ISIS, the evidence speaks otherwise, exemplified in this recent statement by an FSA military council in Aleppo denying rumors of clashes between their ‘brothers’ in ISIS and JN.
SMC supporters are likely the source of at least some of the allegations against ISIS, including the recent claim that ISIS is planning to declare a wider northern state after Ramaḍān: plausible in light of ISIS’ expansion in northern Syria but as of now uncorroborated in pro-ISIS circles.
Other rumors likely originating from pro-SMC sources include an alleged statement by JN distancing itself from ISIS (not released through JN’s official channel al-Manārah al-Bayḍā, so therefore suspect) and claims that ISIS killed Abu Furāt of Jarabulus, when his funeral actually took place a few months before ISIS was announced.
In particular, the reports attempting to portray JN in open conflict with ISIS are building on a narrative stemming from a Reuters piece in which JN was portrayed as a group of native Syrians disillusioned with the machinations of the foreign fighters of ISIS, hinting at the possibility of JN teaming up with other rebels to take on ISIS.
The motivation for spreading rumors about ISIS is quite apparent: namely, the SMC’s bid to secure Western arms, which will then be supposedly used to take on what Western nations like the UK perceive to be the number-one threat emanating from Syria.
In any case, the current PR war between SMC supporters and ISIS supporters will continue. Feeling the pressure, the latter have recently announced the formation of a new forum intended to counter purported media disinformation about the group. Thus can the exchange of claims and counter-claims be expected to intensify. Ascertaining the full truth short of getting on the ground will remain elusive.
‘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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