Uzbek and Uyghur Muhajireen support HTS
First-time al Qaeda-linked Salafi-Jihadi groups from Central Asia, Caucasus and China’s Xinjiang fighting against the Bashar al-Assad regime in northern Syria have interfered in ideological disputes and internal confrontations between Hayat Tahrir al-Sham (HTS) and Tanzim Hurras al-Din, the Guardians of Religion, which has remained loyal to al Qaeda leader Ayman al-Zawahiri. Foreign fighters groups in Idlib such as the Uyghurs’ Turkestan Islamic Party (TIP), the Uzbeks’ Katibat al-Tawhid wal-Jihad (KTJ) and the Chechen-led Jaish al-Muhajireen wal-Ansar (JMA) affirmed their support to Hayat Tahrir al-Sham in a joint statement released in February 2019.Also, the statement was signed by the Albanian militants group Katibat al-Alban, Iran’s Harakat al-Muhajireen al-Sunna, Saudi Arabia’s Rabitat al-Ma’ali, the Maldivian Mujahideen and other smaller foreign groups fighting under the leadership of HTS.
Thus, foreign speaking Salafi-Jihadi groups violated their traditional balanced ties with al Qaeda’s various branches and first time openly supported one of the sides of the confrontation. As is well known, Uzbek and Uyghur militants have always tried to keep their neutrality, without interfering intra-jihadi rivalries between HTS and other al Qaeda-affiliated groups.
In the one-page and three paragraphs statement, foreign fighters are clearly stated their strong support and loyalty to HTS.The first paragraph states that “Hayat Tahrir al-Sham, represented by its leadership and fighters, is the dignity and the force of Ahl al-Sunnah [Sunni Islam] in Bilad al-Sham”. Further, statement authors poured to HTS generous words of praise that “it is the best to have borne the banner of jihad in this blessed land; the one that defends the frontlines; it has protected Muslims security and established the courts that rule by God’s law in all the areas subjected to them”. Special attention is paid to the centralized role of HTS “around whose leadership the mass of the Ansar [natives] and Muhajireen [foreign fighters] has gathered”.
Then, they turn to other opponent groups that “we are with our brothers in one rank and a structured edifice, and we will stand as a barrier of obstruction before all who take it upon themselves to attack HTS.” Thus, foreign groups gave a clear signal to other branches of al Qaeda that they are ready to take a bullet for themselves for the HTS and they will defend it in arms.
The second paragraph of the statement is devoted to the relations between Ansar and Muhajireen, who are militants from Central Asian and the Caucasus, who made Hijrah (migration of Muslims) to Syria for jihad. The Muhajireen are very worried that their interests are not being taken into consideration. According to the authors, “the interest of the Muhajireen is the same as the interest of the Ansar, the masses of the Muslims in al-Sham, and they cannot be separated from each other. Because Muhajireen came to this blessed land of Sham at the call of Allah and do not claim particular interests and particular rights. Both belong to the Muslims Ummah and what comes upon them comes upon others besides them.”
Then, foreign militants raised the sore question that “some local groups want to use them [Muhajireen] who came from all over the world to Syria for holy jihad as a bargaining chip to be handed over to ‘disbelievers’.” The authors noted, “we will not be content that they [opponents of HTS] should be a door for auction to support a faction over another besides it, for their [HTS] support is truly well-known in its ways and there is not from that auction in their name.” Then the foreign fighters thanked the HTS for its strong support, reception and granting of refuge to Muhajireen and called it the best of Ansar.
In the letter’s third paragraph foreign fighters turned to other al-Qaeda-backed groups and warned that they should not accept the false accusations of the HTS address at face value and advised them to verify and investigate it. They called for the conciliation and unity of all Mujahideen to lead together jihad in the path of Almighty God.
There are several reasons why al Qaeda-backed foreign fighter groups support HTS.
Muhajireen and Ansar: Brothers or Rivals?
At the timethe Syrian government forces with the support of Moscow and Tehran have achieved significant success in regaining control over the main part of the country, the question of the withdrawal of foreign militants from the region is often being raised not only by Damascus’ sponsors but also by the local influential Salafi groups too.
It should be noted that Syria’s northwest, long a hotbed of armed resistance and the heartland of al-Qaeda-linked operations, has become a real-life shelter for the foreign militants from the former Soviet Union and Chinese Xinjiang. Among them the Uzbek groups Katibat al-Tawhid wal Jihad and Katibat Imam al-Bukhari,Uyghur’s Turkestan Islamic Party and Chechen’s Jaish al-Muhajireen wal-Ansar are affiliated with al Qaeda. All of these groups are fighting against the regime of Bashar al-Assad under the leadership of HTS. They share al Qaeda’s ideological doctrine and, on its call, performed Hijrah from Afghanistan and Central Asia to Syria.
The presence of al Qaeda-backed foreign militant groups in Idlib greatly irritates Moscow and Tehran. During regular meetings, the leaders of the so-called “guarantor countries of the Syrian peace process” – Russia, Turkey and Iran – constantly reaffirm the determination to eliminate HTS’ predecessor “Al-Nusra Front and other terrorist groups associated with al Qaeda or ISIS”. The main responsibility for forcing the withdrawal of al Qaeda-backed foreign groups from Idlib obligated Turkey, the initiator of the Sochi Memorandum to accomplish this. But, so far, Ankara has not succeeded in fully complying with its obligations to withdraw the militants and heavy weaponry from the demilitarized zone.
Because Ankara has limited opportunities to influence foreign militant groups associated with al Qaeda in Syria. The main obstacle on this path is HTS which took under its wing of protection the Turkestan Islamic Party, Katibat al-Tawhid wal Jihad and Jaish al-Muhajireen wal-Ansar not only from Assad’s regime but also from possible attacks by other Salafi-Jihadi rival groups.HTS remains the most powerful Islamist group in Syria. During the last three months, HTS had expanded its territories and imposed control over 90% of Idlib, the last major opposition stronghold, inflicting a crushing defeat on the rival rebel groups Nour al-Din al-Zenki and Ahrar al-Sham, the members of the Turkey-allied National Liberation Front. Therefore, Muhajireen from post-Soviet countries and China feel secure under the umbrella of HTS.
The HTS leader Abu Mohammad al-Julani considers that on the question of mutual relations between Muhajireen and Ansar his group relies on Islamic values when the local inhabitants [Ansar] of Medina warmly welcomed, provided shelter and supported the Prophet Muhammad and his followers [Muhajireen], who had left their homes behind for the sake of Islam in 622.At the beginning of the Syrian civil war Jabhat al-Nusra provided Muhajireen, who migrated from Central Asia and joined al Qaeda, the opportunity to live in separate villages in the northwestern Syria’s countryside where they could lead jihad against the forces of Damascus. Thanks to HTS support the Turkestan Islamic Party, Katibat Tawhid wal Jihad and Katibat Imam al-Bukhari have taken deep root in Syria soil where they opened several madrasahs in which militants’ children receive the education in Uzbek and Uyghur languages. In recent times, cases of joint marriages between Muhajireen and Ansar have become more frequent.
Abu Abdullah al-Shami, the head of HTS’ Shariah Council and the group’s highest ideologue, in his article entitled “Six Issues” clearly defined the position of the HTS regarding Muhajireen. He claims that “HTS will not compromise on its principle of refusing to barter with the Muhajireen. We do not do something that does not please our Lord. We consider it forbidden to hand over the Muslims to the disbelievers [the states]. And the Muhajireen are our brothers and we do not see a difference between a Muhajireen and Ansar, and our throats are beneath the throat of the one who has migrated to us, and we will not allow bartering on their portfolio in any circumstances, for besides the fact that it is in contravention of the Shari’a principles, it is far removed from Islamic ethics and chivalry.”
The strong support of HTS for Muhajireen fully meets the military and religious goals of Uzbek and Uyghur fighters who made Hijrah to Syria for jihad.In turn, they respond to the HTS with reciprocity and devotion to the ideals of jihad and with respect for Ansar.Abu Saloh, the leader of Katibat Tawhid wal Jihad, during the Bayat (oath of allegiance) to al Qaeda stated that Abu Mohammad al-Julani is the lion of Islam, who never uses Muhajireen as a bargaining chip. He compared the HTS leader with the founder of the Taliban movement, the late Mullah Omar, who provided Muhajireen at the head of Osama bin Laden refuge in Afghanistan to conduct jihad against America. According to him, after 9/11, even under the threat of the US military intervention to the Islamic Emirate of Afghanistan, Mullah Omar did not betray bin Laden to crusaders and remained faithful to Islamic values of Muhajireen until the end of his life.
HTS’s Controversial Turkey policy
Russian and Turkic speaking foreign fighter groups are supporting HTS rapprochement with Turkey which has long been a sensitive issue causing problems among global Salafi-Jihadi movements. Turkey’s factor and the forced collaboration of HTS with Ankara caused sharp criticism from al Qaeda, his loyalist Tanzim Hurras al-Din and many ideologues of Salafism.
In a speech entitled “The Way of Salvation” and published on 5 February 2019, al-Qaeda leader Ayman al Zawahiri criticized HTS for clinging to territory under Turkey’s protection, albeit not mentioning the group explicitly. He rebuked HTS for relying too heavily on Turkish support and its desire to hold onto ground at all costs. In his opinion, the jihadists in Syria are engaged in a misguided “competition for an imagined authority” over territory that is under the oversight “of secular Turkish checkpoints.” Zawahiri strictly warned the jihadists that they shouldn’t rely on Turkey to protect them. The main point of the appeal of the al Qaeda emir is that the HTS jihadists instead, of holding onto Idlib province as a proto-Emirate, it would be better for them to go underground and conduct continuous jihad against the Bashar al Assad regime, Zionists and America.
The HTS’ position on Turkey was sharply criticized by one of the most important spiritual fathers of the Salafi-Jihadi ideology Abu Mohammad al-Maqdisi, who considers that any diplomatic or military ties with non-Muslim rulers count as “sinful wala’.” For Maqdisi, allowing Turkey to control any land at all in Syria is equivalent to allowing the criminal, apostate regime to do so, and makes HTS dangerously close to violating Tawḥid.
The decision of the HTS to allow Turkish troops to enter Syria and establish 12 military posts in Idlib agreed upon at Astana on October 2017 was also heavily criticized by Tanzim Hurras al-Din.The Hurras al-Din amir Abu Hammam al-Shami and its Chief Sharia Counsel Sami al-Uraydi published a statement on 30 January 2019, in which they argued that HTS’s jihad is not founded on correct Aqida (Islamic creed) or Manhaj (Methodology of the Salaf us-Saalih). Further, the leaders said some of HTS’s weapons belong to al Qaeda, and since Hurras al-Din now represents al Qaeda in Syria it is the rightful owner of the weapons.
Along with authoritative ideologues, ordinary supporters of al Qaeda accused the HTS of thwarting its own jihad by forming relations with the NATO army [Turkey] and considered it a traitor. But they could not blame HTS for apostasy.
HTS Shura Council member Abu Al-Fatah al-Farghali denied all this accusations and named three conditions under which the Turks were allowed to enter Idlib that were based on the Shari’a. First, the military superiority in the liberated areas should be for the mujahideen and not the secular Turkish army. Secondly, the Turks should not intervene in ruling or administering the liberated areas in any circumstances or forms, so as not to violate the Sharia rule. Thirdly, the decision of peace and war in the liberated areas should be in the hands of the mujahideen and not the Turkish army. He concluded that today all three conditions are strictly enforced according to the doctrine of loyalty and disavowal (al-wala’ wa-l-bara’).
The vitriolic debate and ideological violent controversy between HTS and Hurras al-Dinal most turned into an armed confrontation, during which an HTS fighter was killed in a checkpoint in southern Aleppo on February 7, 2019.The Central Asian’s Muhajireen were worried that a conflict between al-Qaeda’s former allies was causing damage to the common goals of Jihad. As a result, on February 10, Hayat Tahrir al-Sham and Hurras al-Din reached anew agreement, in which both organizations swore to end their war of words and cooperate against their common enemy. HTS and HAD agreed that an Islamic court would handle the controversial issues between the parties.
As we noted at the beginning of our article, the Uzbeks’ KTJ and Uyghurs’ TIP suggested that the Ansars resolve the dispute through an Islamic court, where they promised to protect the HTS with a weapon in the event of an attack on it. They hope for the justice of Islamic scholars at the head of Abu Qatada al-Filastini, who became a member of the Islamic court review the case. It should be noted that Abu Qatada al-Filastini played a key role in joining the Uzbek group KTJ to al Qaeda and HTS.
Uzbek and Uyghur militants support HTS in its pursuit to choose the lesser of two evils and do not see in its forced cooperation with Turkey violating the doctrine of loyalty and disavowal of Salafism in waging Jihad. Muhajireen do not oppose Ankara’s initiatives to create a demilitarized zone in Idlib jointly with Moscow. This is due to several factors.
First, the cultural, linguistic and kinship community with the Turks plays an important role, and they consider Turkey’s initiative helped delay for one year a possible attack by the Assad army, Iran’s Shiite proxy forces and the Russian Aerospace Forces on Idlib. During this time, the Muhajireen and the Ansar were able to prepare for a future battle.
Second, the Uyghurs Muhajireen view Turkey as the only country that provides them with moral and political support in the face of Chinese repression. More than 50 thousand Uyghurs live in Turkey who fled from Beijing’s persecution and Ankara condemned China’s Islam policy .In this regard, the Uyghurs are trying to pay back for this act of kindness. Some Uyghur Muhajireen participated in the military Operation Olive Branch along with the Turkish-backed Free Syrian Army to liberate Afrin in March 2018.
Thirdly, in the Kurdish question, the ideological position of the Central Asian militants coincides with the position of the HTS, who consider Kurdish YPG and PKK as communist organizations and unbeliever (kafir) groups.
The future of Central Asia’s Muhajireen in Idlib’s Safe-Haven
The ideological contradictions and continuous clashes between the rival rebel groups in Syria clearly characterize not only the current state of relations between former al Qaeda allies, but also the complex transformation that occurs within the global Sunni Salafi-Jihadi movement.
In this regard it should be noted that the statement of foreign fighters in support of HTS will have far-reaching consequences. Now, the prospect of finding Uyghur, Uzbek and Caucasian salafi groups on Syrian soil and their participation in global jihad in Middle East will depend on the position of the HTS. It can be expected that further deepening of the contradictions between HTS and al Qaeda in the near future will raise the question for foreign fighters about the choice of a strategic partner, because TIP and KTJ are members of al Qaeda, but at the same time they support the position of HTS in its dispute with al Qaeda.
After the defeat of the last stronghold of ISIS in al-Baghuz the attention of the regional powers will now be focused on the HTS, which built a prototype of the Caliphate, the so-called “Government of Salvation” in Idlib, which is managed on the basis of Sharia. However, HTS’s pursuit to distance itself more and more from al Qaeda and its desire to transform itself into a participant in the political dialogue of the Syrian conflict will force it to distance itself from the foreign Muhajireen. Therefore, in the near future, Uzbek and Uyghur Muhajireen will have to flee from Idlib or they await the bitter fate of ISIS.
‘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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