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The Difficulty With Words and When is a Terrorist a Terrorist?

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Words are beautiful and they give us so much. Through using words we can share ideas and more importantly we can develop concepts and literally take things forward. They inform, they entertain and they explain.

They form the framework through which we understand everything from science to art to religion. They are created by our culture and in turn they create our culture. And they are dynamic, evolving and developing as we create new words and change the meaning of existing words to reflect the changing world that we live in. But it is perhaps their dynamic nature that creates the greatest challenge that words present.

In some ways the creation of words is simple. All that it takes is for one person to say something and another to understand it and we have a new word. Changing the meaning of a word is not as simple but it still happens. And it happens often. Collectively as we modify the meaning and the usage of words in everyday use we change their meaning. Sometimes entirely, sometimes subtly and sometimes we expand their meaning and dictionaries are amended and updated to reflect the change. That is except for in a legal context where their meaning cannot be as dynamic and in this context at least, their meaning can be literally carved in stone.

In legal English we find words in use that have fallen out of use in everyday language as they are no longer relevant or because they relate to concepts that are rarely encountered in our modern lives. Whereas the legal definition of words that have fallen out of everyday usage can remain straightforward, what of the words whose definition has changed. Here we have one use for most contexts and one for legal usage. A forest is a densely wooded area, correct? Well, yes and no. In everyday speech yes, a forest is a densely wooded area, but the legal definition of a forest is an area reserved for hunting, possibly for but not necessarily exclusively by a monarch. And what of the word assault? To assault means to attack. We hear it in the news when one person attacks another or in a military context when one nation attacks another. But in a legal context we have to turn the clock back to see how the word was being used when its legal definition was determined under common law as to act in a manner that would make one feel that they were about to be attacked. In fact one can be assaulted without any physical contact occurring, which is significantly different from the situation where a person is attacked or a nation invaded. With the need for the law to be known and be predictable the definition of words in a legal context must also be known and predictable. Although the law is dynamic, the definition of the words used to create the law must be static.

In most cases, although we have conflicting definitions for the same word, we rarely face any complications. If we incorrectly use the word forest, or even assault, it is unlikely that there will be any significant consequences. But what about words that relate to more complex and more serious concepts such as terrorism. Although terrorism doesn’t have two conflicting meanings, there is significant debate about what is terrorism, what isn’t terrorism and more importantly what might be terrorism. And this is particularly challenging as in many cases there are serious legal sanctions reserved only for those convicted of terrorism including execution or the removal of citizenship.

So what is terrorism? If we take a simple definition it is the use of violence in the pursuit of a political aim. Ok, that’s straightforward enough but it is very broad. Is it any violence? And what about terror? Surely a definition of terrorism should include a reference to terror. If we look in more detail at a more academic definition we might find terrorism defined as the use of violent acts with the aim of inducing a feeling of terror in the general population in the pursuit of a political aim. Now this definition tells us a little more, it is not the acts of violence in themselves that are intended to advance the political aim but the perception that they create amongst the population. But the academic definition introduces it’s own confusion by looking at not just the acts and their purpose but also considers whether they are justifiable. It is often said that one man’s terrorist is another man’s freedom fighter. Nelson Mandela and Jose Gusmão were both labeled as terrorists at one time.

Although academia can help us to understand terrorism in its broadest sense it is in a legal setting that we really must have an accurate and reliable definition of terrorism but unfortunately it is one where perhaps we don’t. Over recent years many nations have updated their existing and introduced new anti- terrorism legislation. Arguably this is necessary as terrorism has changed significantly. Whereas it typically consisted of relatively small acts of violence designed to induce fear they have evolved to include massive and catastrophic acts of mass murder. As a result ant-terrorism laws have been expanded to include more and more specific acts within the definition of acts of terrorism. But does this evolution of terrorist tactics really warrant this expansion of the legal definition of terrorism?

Given the sizeable amount of anti-terrorism legislation that many nations have introduced in recent years it is perhaps the legal definition of terrorism rather than the everyday definition that has changed the most. Although both definitions have expanded, the everyday and academic definitions have essentially remained the same in that terrorism is the pursuit of a political aim through a campaign of violent acts intended to create feelings of terror in the general population. The legal definition by comparison has expanded to include criminal acts that may or may not be motivated by a political aim. Arguably it is the everyday and academic definitions that give us the most accurate, reliable and credible definition of terrorism and it is this definition that we should use in a legal context also.

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Terrorism

Kashmir puts Chinese counterterrorism on the defensive

Dr. James M. Dorsey

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Heightened tension in Kashmir and evidence of a Chinese military presence on the Tajik and Afghan side of their border with China’s troubled north-western province of Xinjiang are putting on display contradictions between the lofty principles of the People’s Republic’s foreign and defense policies and realities on the ground.

The escalating tension between Pakistan and India puts to the test what Pakistan and China tout as an “all-weather friendship.” The test will likely occur when the Financial Action Task Force (FATF), an international anti-money laundering and terrorism finance watchdog, debates an Indian demand that the South Asian nation, already grey-listed, be put on the organization’s black list.

With the attack and its aftermath unfolding as FATF this week concluded a meeting in Paris, the Kashmir incident is expected to really play out in June when the group is certain to discuss a report that is expected to provide what India considers evidence of Pakistan’s alleged culpability for this month’s attack on a bus in Kashmir that killed more than 40 Indian paramilitary personnel as well as Pakistani backing for the group believed responsible for the assault and other militant organizations.

Pakistan has denied the allegations and offered to help investigate the Kashmir incident.

China, however, despite refusing to prevent FATF from grey-listing Pakistan last year, will find it increasingly difficult to defend its shielding of Pakistan in the United Nations and could be caught in the crossfire as it continues to protect Masood Azhar, the leader of Jaish-e-Mohammed, the group believed responsible for the Kashmir attack.

Like in the past, China this week rejected an Indian request that it no longer block designation of Mr. Azhar by the UN Security Council as a global terrorist. China asserts that Indian evidence fails to meet UN standards.

Nonetheless, China’s shielding of Mr. Azhar risks it being perceived as violating the spirit of the 2017 summit in Xiamen of BRICS countries – Brazil, Russia, India, China and South Africa – that for the first time identified Pakistan-backed militant groups as a regional security threat.

Question marks about China’s approach to the countering of political violence and militancy also reflect on China’s justification of its brutal crackdown on Turkic Muslims in Xinjiang.

Concern that militant Uyghurs, the predominant Turkic Muslim minority in Xinjiang, including foreign fighters exfiltrating Syria and Iraq, could use Central Asia as an operational base has prompted China to violate its declared principle of not wanting to establish foreign military bases.

China has been believed to be involved for several years in cross-border operations in Tajikistan and Afghanistan’s Wakhan Corridor, both of which border on Xinjiang.

A Washington Post report this week, based on a visit by one of its correspondents to the Tajik-Chinese border provided evidence of China’s military presence on the Tajik side of the dividing line. “We’ve been here three, four years,” a Chinese soldier told the reporter.

Evidence of the long-reported but officially denied Chinese military presence in Tajikistan comes on the back of China’s increasing effort to put in place building blocks that enable it to assert what it perceives as its territorial rights as well as safeguard Xinjiang and protect its mushrooming Diaspora community and overseas investments that are part of its Belt and Road initiative.

The evidence in Tajikistan, moreover, follows the establishment of a military base in Djibouti in the Horn of Africa and facilities in the South China Sea that bolster China’s disputed territorial claims.

Beijing is quietly establishing a security presence in CA (Central Asia) that is broader and deeper than just facilities or hundreds of PLA (People’s Liberation Army) soldiers on the ground,” said Carnegie Endowment for International Peace scholar Alexander Gabuev.

Potentially, China’s military expansion into Central Asia could complicate relations with Russia that sees the Eurasian heartland, once part of the Soviet Union, as its backyard. Continued expansion would call into question a seeming Chinese-Russian division of labour that amounted to Russian muscle and Chinese funding.

Like China, Russian Foreign Minister Sergei Lavrov appeared to be nibbling at the edges of that understanding on a visit to Central Asia this month in which he dangled investment, economic assistance and security guarantees.

Mr. Lavrov’s travels followed a visit to Uzbekistan in October by President Vladimir Putin that produced US$27 billion in commercial deals.

“Russia would be smart to rethink its policy towards CA, and base new approach on support for sovereignty of local states. If Russia won’t view the 5”(Central Asian) states as its subjects, they are likely to seek greater engagement with Moscow to balance Beijing’s econ/sec influence,” Mr. Gabuev said, referring to China’s economic and security interests.

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Pulwama Attacks: Pakistan takes on India again

Sisir Devkota

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The attacks by Jaish-e-Muhammed on Indian security forces has come at a tricky time; Modi led government’s reaction to the killings, and the preparations for the 2019 general elections, are two events, that are going to intrigue imagination of wide possibilities. Forty men lost their lives, in the kind of barbarism that India expects from Pakistani non-state actors. Mind the assertion; if media sources in India can prove that Masood Azhar-the master mind, controlled the entire event from a military hospital in Rawalpindi, Pakistan has landed itself in a great limbo. Masood Azhar is no longer a non-state actor in Pakistan; instead he is a Pakistani non-state actor. Pay attention, there is a difference.

The fact that India failed to anticipate such an attack, again, is beyond sound logic. Terrorist attacks on armed convoys over bordering highways, is but a chilling script that keeps the Indian administration on their toes. Mind the lapse. What a miss!

What happened?

Nobody in India and elsewhere predicted this. PM Narendra Modi did not see this coming. Not the intent, but the magnitude of casualties. For this alone, Pakistani non-state actor(s) calculated brilliantly. They intercepted a psychological lapse of a strong, yet busy Prime Minister. Let us also pretend that there was a rare moment of blunder by the Indian intelligence. That leaves us to the only realistic assumption of what might have happened.

For many years, India has maintained the vocal discourse of Pakistan’s deceitful personality in dealing with transnational issues. The Pulwama killings would have choked Narendra Modi, reminding him the lesson of how a wild animal can never be tamed. More so, not when they promise to not hurt you. Imran Khan is an icon, but no excuses this time, the blood is in his hands. From an observatory perspective, one cannot help but conclude that there is an element of serious political assurance turning into fraudulence.

After-effects

Two months prior to the 2019 general elections, the Indian Prime Minister has woken up to the challenges, that nobody in India would have not predicted. Still, the Pulwama attacks has placed him in a very awkward position. It is a well-documented fact that India can carry out surgical strikes, just like it has in the recent past. Equally, it can only be fair to assume that Pakistan will be ready this time. The story will lose all plot, if Pakistan, like India fails to anticipate another precision attack on its border. Mind the context, it actually means something more.

Reportedly, PM Modi threatened against Pakistani aggression; however, India stands on crossroads. From the Pakistani logic, time has subsided India’s options. Imagine another strike gone wrong in the enemy’s territory. Imagine a full-fledged war, overtaking the carousal of national elections. Islamabad is ready this time. In the worst case, they have managed to manufacture a predictable excuse to penalize India’s confronting military creativity. Pay attention, there are little choices. And the consequences are alarming.

Pakistan’s credibility

Regardless of all legitimate Indian accusations, Pakistan would be less worried, by Indian threats to isolate them diplomatically. While the current Indian rhetoric might be another disguise before their jets ignite for a military crackdown; Pakistan has and will operate with their elements of non-state actors. Hence, there is no question about credibility. Mind the change in Pakistani attitude. Before, non-state actors were merely a means to their ends. Now, the Pakistani military is on the front foot, itching for an Indian reaction. Calculations have been made. The Pulwama attacks are a testimony to their intentions. The international community will be hoping that India will let go this time; take it under their chin, once again. There is an acute wish to avoid a situation of hypocrisy. Given a foreseeable Indian aggression, Pakistan will seek international assurance based on equality. The rules apply the same for everyone.

Distinctive

For good reasons, the Pulwama killings will presumably lead to a peaceful solution. The Indian reaction will be gold for academic books, that are based on solving inter-state disputes. India owes a reaction to all kinds of anticipative communities, on a platform that Pakistan has calculatedly fished for their arch-rivals. The ball is in India’s court. A moment of magnifique for Narendra Modi, or a strategic tit for tat for Pakistan? Mind the set-up. Evenly poised!

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ISIS Smuggler: Sleeper Cells and ‘Undead’ Suicide Bombers Have Infiltrated Europe

Anne Speckhard, Ph.D

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Authors: Anne Speckhard, Ardian Shajkovci & Hamid Sebaly

Europe is bracing for a new wave of jihadist attacks by terrorists affiliated with the so-called Islamic State, what “you might call ISIS 2.0,” as Interpol chief Jürgen Stock recently told reporters. Some previously imprisoned jihadists are being released from jail, others are returning to Europe—and to prison—while still others, we have learned, have never been known to police and operate as “sleeper cells” waiting to be mobilized.

It is in the face of such concerns that U.S. intelligence chiefs have warned, despite President Donald Trump’s assertions to the contrary, that ISIS is still far from defeated.

Last week, the International Center for the Study of Violent Extremism (ICSVE) interviewed 18 ISIS cadres held by the Kurdish People’s Protection Units (YPG) closely allied with U.S. coalition forces in Syria. Two of the prisoners interviewed were former members of the ISIS intelligence operation known as the “emni,” sometimes also written as “amni.”

One of them, a Tunisian named Abdel Kadr, was a 35-year-old athletic-looking and obviously clever individual, who had illegally smuggled himself into Europe in 2008 and then managed to get legal residency, to live and work there, by marrying a German. Abdel Kadr claimed to have “found religion” and also, like many foreign fighters, to have been moved by the plight of Syrians assaulted by Bashar al-Assad’s forces, which caused him to leave Germany for Syria in 2014, driving an ambulance loaded with humanitarian supplies.

Abdel Kadr ultimately joined and served ISIS until he was captured by the YPG last year. He appears to have had high-level access in ISIS and was open to discussing what he knows while also seeking not to incriminate himself.

Regarding the ISIS emni, Abdel Kadr says there are both internal and external emni networks in ISIS, the former enforcing security within the self-declared caliphate and the latter sending operatives outside of it, to be sleeper cells organizing attacks in Europe and globally. They are not police but intelligence operatives, he said. “They live 24 hours per day with a mask. They are chosen specially for this. They have their own houses, special families. They have been chosen specially, and many were sent back to Europe.”

People smuggling

Prior to joining ISIS, Abdel Kadr had been a human and goods smuggler based in Germany, working between Turkey and Europe. He said he joined the Islamic State alongside his friend Dominic, a white German convert to Islam. Dominic wanted to return to Germany to work as an undercover operative for ISIS and, being fair-skinned with no known criminal history, he believed he could do so undetected. (He should not be confused with Dominic Musa Schmitz, a Salafi who wrote a book in German in 2016 about his disillusionment with Salafi Islam.)

“There are a lot of those who were trained by ISIS to go into Europe,” said Abdel Kadr. The emni member who trained and facilitated many of them was also a white European, an Austrian who went by the kunya, or pseudonym, of Abu Musa al-Almani.

“He was in charge of Germany,” Abdel Kadr explained. “He spoke around seven languages: German, Dutch, French, Arabic, and German with the accent of Austria. He was an Austrian native with long hair and a red beard,” Abdel Kadr said. “He was from a wealthy family in Austria and a convert from Christianity. I met him in Syria, but he was moving everywhere.” He was traveling back and forth via Turkey.

“I heard about this wave that they prepared for Europe,” Abdel Kadr told us. “They asked me if I’d like to go back to Germany. They were saying to me if you want to go back don’t worry about money, but they don’t know how I think.”

Abdel Kadr was content at that time inside ISIS doing business on the side and making considerable profits. And he had a ready excuse for begging off from such a mission. “I have seven pieces of shrapnel in my body,” he explained. “If I pass through an airport they will catch me.” Also, he looks like the Arab he is, and is liable to fall prey to profiling. “They were sending athletic guys who look European back into Europe,” Abdel Kadr told us.

The ISIS emni asked Abdel Kadr to return to his former human smuggling trade. “They wanted me to make logistics and coordination because before I joined ISIS and came, I was smuggling people between Turkey and Greece.” That was when Abdel Kadr was living in Germany with his German wife, making thousands of dollars smuggling Bengalis, Iranians, Pakistanis, Afghans who had already made their way into Turkey on into Europe. The back trails across the border were primitive and rough, he said, but he knew them. “Our bridge to cross the river was a tree we cut for that purpose.”

ISIS intelligence “knew I was a people smuggler. All my German friends knew I was a smuggler,” Abdel Kadr explained. “Abu Musa al-Almani, who was in charge of Germany, came to me in Raqqa with Dominic and asked me about the smuggling. He said, ‘Dawlah [the State, ie. ISIS] needs you. The whole nation of Islam needs you.’”

The emni asked Abdel Kadr to help them smuggle trained operatives back into Europe following the routes from Turkey into Greece that he had previously exploited. Abdel Kadr claims he refused. “I took my injuries as an excuse to escape from this, I have a screw in my leg, shrapnel [from a bomb attack]. It took seven kilometers walking to get across to Greece. My role was five kilometers up to the tree [bridge]. Someone else took them inside, an Algerian guy.”

Abdel Kadr claims that he told ISIS he was no longer fit enough to do it. It may be true that he refused, as he was at the time engaged in a smuggling and trade operation inside ISIS, enriching himself there, or he may in fact have re-engaged in his former trade but did not want to tell us.

The Undead

According to Abdel Kadr, when the emni was going to send a European back to attack they would first falsely announce inside ISIS, and on their external media, that he had been killed fighting or in a bomb attack. But later, it would be revealed that he was actually alive and had successfully attacked in Paris or Brussels, for instance, and had been “martyred” there.

In the case of most suicide attacks in Europe, according to Abdel Kadr, the death of the operative is announced by ISIS a few months earlier, when in fact, “they took them to a camp to train them. Then after you get a communiqué about their action in Europe. The communiqué on this date stated he died in France or Belgium, but for ourselves, seven or eight months before [we had heard] they were announcing his death.”

The same was true of Dominic, according to Abdel Kadr. “ISIS said he was killed, but it wasn’t true. He lived next to me and when I went to see his wife and children inside the ISIS area [in Tabqa, near Raqqa], they told me, ‘He is not killed, but we don’t know where he is.’” Abdel Kadr already knew Dominic’s desire to return to Europe to serve ISIS.

“He’s alive somewhere,” Abdel Kadr told us. “Up to now, there is no communiqué [about his actions in Europe].” Abdel Kadr, who is imprisoned by the YPG and says he is now totally disillusioned with ISIS, claims to have tried to thwart any possible attack by Dominic by alerting German and European intelligence about his friend’s “disappearance” and fake death announcement inside of ISIS.

“There are 1,000 partisans in Europe,” Abdel Kadr claims. “They have a big plan to introduce hundreds of refugees from all nationalities of the world,” he claims, saying ISIS was able to insert them into the refugee streams flowing into Europe. Many are sent to Europe with false passports. “They are processed by surgery, training and language and they send them as sleeping cells. In Turkey they give them hair transplants, surgically change their eyes, even the eye color.” (Presumably that would be with contact lenses.)

At least two of the attackers who struck Paris in November 2015 had entered Europe among refugees and carried false papers.

In 2015, Harry Sarfo, a German whose family originally was from Ghana, and who’d grown up in Britain, working as a postman there before he joined ISIS, was pressured by the ISIS emni to train and return to attack in Germany. He told the authorities, and later Der Spiegel and The New York Times, about his training and knowledge of these ISIS emni activities.

ISIS was telling Europeans to book short vacations in resorts in the south of Turkey, take many pictures, and then come to train for a short time with ISIS to be sent back to join sleeper cells in Europe. Without overstaying their Turkish visas and with the strong alibi of the resort booking and pictures to confirm it, they passed suspicions if questioned by security about their activities.

Abdel Kadr confirmed that this indeed was happening. “They are able to bring a youth into ISIS and then back into his family without the knowledge of his parents. They send him home to Europe after one year in training with ISIS,” he states. “There are some people who came with European faces for a short time and went back through Turkey,” he explains. “Like my friend, Dominic. I think he’s living in Europe,” Abdel Kadr concludes.

When asked about this case and others like it, a high-level YPG security official explains that his organization is doing everything it can to stop such operations. The YPG says it has caught and now holds in its prisons over 3,500 foreign fighters, many of them Europeans.

But the Kurds feel frustrated knowing that these foreigners streamed in through Turkey, some of them received medical help inside Turkey when injured, and most of the logistical supplies and extra food supplies for ISIS were delivered across the Turkish border.

Although the YPG has provided the core ground force working with the Americans to defeat ISIS, President Trump’s decision to withdraw some 2,000 U.S. troops providing logistical and other support leaves the organization in a vulnerable position. The Turkish government insists that the YPG is a branch of the Kurdish Workers Party or PKK, which Ankara and many other governments, including the U.S., deem a terrorist organization.

The YPG says the Turks have actually been complicit with ISIS. “They call us the terrorists” another YPG military intelligence officer told us, “but we are fighting terrorism every single day, losing our lives by the thousands doing so and trying to keep Europe safe from such people. We are fighting terrorism, while others are helping them to come and go, in and out of Syria, across our borders.”

Author’s note: Article first published in The Daily Beast

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