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Terrorism

Pensacola Rampage, Counter-Terrorism and Power Over Death

Prof. Louis René Beres

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“’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.

Never.

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.

Always.

In law, such violence is malum in se, or “evil in itself.”

Always.

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.

Always.

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.

LOUIS RENÉ BERES (Ph.D., Princeton, 1971) is Emeritus Professor of International Law at Purdue. His twelfth and most recent book is Surviving Amid Chaos: Israel's Nuclear Strategy (2016) (2nd ed., 2018) https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy Some of his principal strategic writings have appeared in Harvard National Security Journal (Harvard Law School); International Security (Harvard University); Yale Global Online (Yale University); Oxford University Press (Oxford University); Oxford Yearbook of International Law (Oxford University Press); Parameters: Journal of the US Army War College (Pentagon); Special Warfare (Pentagon); Modern War Institute (Pentagon); The War Room (Pentagon); World Politics (Princeton); INSS (The Institute for National Security Studies)(Tel Aviv); Israel Defense (Tel Aviv); BESA Perspectives (Israel); International Journal of Intelligence and Counterintelligence; The Atlantic; The New York Times and the Bulletin of the Atomic Scientists.

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Terrorism

Stateless and Leftover ISIS Brides

Sagar N

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While the World is busy fighting the pandemic and the economic devastation caused by it, one of the important problem that has been pushed to dormancy, is the status of the ISIS(Islamic State of Iraq and Syria) brides. The Pandemic has crippled the capacity of the law enforcement and exploiting this the ISIS executed attacks in Maldives, Iraq, and the Philippines. The United Nations Secretary-General Antonio Guterres has warned that terrorists are exploiting the COVID-19 Pandemic. Albeit the ISIS has been defeated, approximately ten thousand of them are in ISIS detention centres in Northern Syria under Kurds. Most of these detention centres are filled by women and children, who are relatives or widows of the ISIS fighters. With their native states denouncing them, the status of the stateless women and children is unclear.

As it stands today states’ counter-terrorism approach has been primarily targeting male militants but women also have played a role in strengthening these terrorist organizations. Women involvement in militant organizations has increased as they perform several activities like birthing next-generation militants/jihadists, managing the logistics and recruiting the new members to the organizations. The world did not recognize women as key players in terrorist organizations until the 1980s when females held major roles in guerilla wars of southern America. Women have either willingly or unwillingly held a variety of roles in these extremist organizations and Islamist terrorist organizations like Hamas and al-Qaeda women do simply provide moral support.

According to the media reports since the US withdrawal from Iraq in 2006 female suicide attacks have been increased and they have been extensively part of ISIS. The ISIS had a female brigade which they called as Al-Khansaa which was established to perform search activities in the state. Both foreign and domestic recruits in the Islamic state have participated in brutal torture. A recently acquired logbook from a guesthouse in Syria provides important information about 1100 females who joined the organization, the western women who are called as ‘the muhajirat’.

When the people from rest of the world joined organizations such as ISIS, they burnt their passports and rejected their national identity. Especially women from western countries who were radicalized online based on their phenomenon ‘ISIS brides/Jihadi brides’ to marry terrorists. Since Islamic State isnot recognized by the world these marriages are not legally valid, apart from this a number of these brides have experienced sexual torture and extreme violence.

While the erstwhile members of the extremist organizations like ISIS and others are left adrift the one challenging question remaining is should states and their societies keep them and reengage or rehabilitate or prosecute them. How firmly the idea of their erstwhile organization is stuck in their minds and especially the followers who crossed the world to join remains a concern to many. The U.S backed Kurdish forces across turkey border hold thousands of these left-behind women and children in their centre. Hundreds of foreign women and children who were once part of an aspirant state, The caliphate are now floating around the concentration camps in Syria, Turkey and Kurdish detention centres and prisons. Many are waiting to return to their origin countries. They pose a unique challenge to their native states like whether to include them or not and even if they include how to integrate adults who at least for a time part of these terrorist organizations and what to do with children who are too young to understand the politics and obstacles keeping them in camps and detention centres where resources are scarce. Women present a problem because its hard to know what kind of crimes they have committed beyond the membership of the terrorist organization.

It is no secret that women also have been part of insurgency across the world, like in ISIS,LTTE,PIRA and PFLP. The responsibility of women in ISIS includes wife to ISIS soldiers, birthing the next generation of jihad and advancing ISIS’ global reach through online recruiting. The International Center for Study of Radicalization (ICAR) estimates that out of 40000 people joined ISIS from 80 different countries nearly 8000 are women and children. After the defeat of ISIS and such extreme organization those who are left behind possess the ideological commitment and practical skills which again a threat upon return to home countries.

The states across the world are either revoking the citizenship or ignore their responsibility. The most famous case of Shamima  Begum a UK citizen married to an ISIS fighter whose citizenship was revoked by the UK government. In other cases like HodaMuthana of the USA and Iman Osman of Tunisia have been the same case. As recently as Tooba Gondal an ISIS bride who now in a detention camp in northern Syria begged to go home in the UK in a public apology.

The American president Donald Trump issued a statement saying women who joined ISIS cannot return. The NATO deputy head said “…returning ISIS fighters and brides must face full rigours of the law”. Revoking the citizenship and making someone stateless is illegal under international law and it is also important to know how gendered these cases are because the UK have successfully prosecuted Mohammad Uddin and the USA has also done it so. Stripping off their citizenship itself a punishment before proper trail and the only good out of it would state can take their hands off in dealing with cases. Samantha Elhassani the only American who repatriated from Iraq so far and pleaded guilty for supporting ISIS. Meanwhile, France is trying to route its citizens who joined the ISIS and extradited few who are under trial in Bagdad.

As experts and political analysts say “countries should take responsibility for their own citizens” because failure to do so will also make the long term situation more dangerous as jihadists will try to a hideout and turn into militant groups for their protection. The children, the second-generation ISIS need cultural centres and rehabilitation centres and this is an international problem. These women known as jihadists brides suffer from a post-traumatic stress disorder and many are pregnant or multiple children born in ISIS territory.

In some countries travelling abroad to join the insurgencies in North Africa and Syria was not always a criminal act, Sweden criminalized such act recently but to prosecute them proof of offences committed in the conflict zone is difficult to collect and most countries in the world do not allow the pre-trial detention for more than 14 days. With problems of different national Lawson extradition and capital punishment and to prosecute them in conflict countries is also a challenge for states. Since Kurdish forces have signalled that they cannot bring all the prisoners into justice the home countries will have to act or else it might create a long term dangerous situation. With the civil war in Syria is about to end it is time to address these issues because since there are more ISIS fighters in Kurdish prisons and detention centres they could be influenced to join rebels who are fighting the regime of Assad in last standing province of Idlib.

If the governments reject the repatriation applications then they will be signalling that their action is essential for national security and thus asserting that failed or poorly resourced states are better equipped to handle potential extremists. The criminal system in Iraq is corrupt and human rights violations have been reported and which creates the risk of further radicalization. One should not forget that even citizenship of Osama bin laden was also stripped but which did not stop him from forming al-Qaeda in Afghanistan. If the citizens commit crimes and forget their responsibility then the states must bring them to justice instead of stripping citizenship. The states must come with a solution for this problem before its too late, setting up an international tribunal to deal with these cases would be a great start but these tribunals are time-consuming and expensive.

States must act as a responsible actor in the international system. Jihadist terrorism is a global problem and states must act together to deal with it because with nearly 40000 fighters joining caliphate from across the world it only shows how global and deeply rooted the phenomenon is. Instead of stripping their citizens’ citizenship, states must find a way to act together for the peace and security of the international community.

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Terrorism

COVID-19: Game-changer for international peace and security

Newsroom

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In Iraq, children look over a wall at clouds of smoke from burning oil wells, the result of oil fires set by ISIL. © UNICEF/Lindsay Mackenzie

The world has “entered a volatile and unstable new phase” in terms of the impact of COVID-19 on peace and security, the UN chief told a virtual meeting with world leaders on Wednesday.

Speaking at one of a series of international meetings among heads of State to enhance global cooperation in fighting terrorism and violent extremism, as part of the Aqaba Process, Secretary-General António Guterres said the pandemic was more than a global health crisis.

“It is a game-changer for international peace and security”, he spelled out, emphasizing that the process can play a key role in “promoting unity and aligning thinking” on how to beat back the pandemic.

Warning lights flashing

Mr. Guterres maintained that the coronavirus has exposed the basic fragility of humankind, laid bare systemic and entrenched inequalities, and thrust into the spotlight, geopolitical challenges and security threats.

“The warning lights are flashing”, he said, pointing out that as the virus is “exacerbating grievances, undermining social cohesion and fueling conflicts”, it is also likely to “act as a catalyst in the spread of terrorism and violent extremism”.

Moreover, international tensions are being driven by supply chain disruptions, protectionism and growing nationalism – with rising unemployment, food insecurity and climate change, helping to fuel political unrest.

A generation in crosshairs

The UN chief also noted that a generation of students is missing school.

“A whole generation…has seen its education disrupted”, he stated. “Many young people are experiencing a second global recession in their short lives.”

He explained that they feel left out, neglected and disillusioned by their prospects in an uncertain world.

Wanted: Global solidarity 

The pandemic has highlighted vulnerabilities to emerging threats such as bioterrorism and cyber-attacks on critical infrastructure.

“The world faces grave security challenges that no single country or organization can address alone”, upheld the Secretary-General, “there is an urgent need for global unity and solidarity”.

Recalling the UN’s Virtual Counter-Terrorism Week in July, he reminded that participants called for a “reinvigorated commitment to multilateralism to combat terrorism and violent extremism”.

However, a lack of international cooperation to tackle the pandemic has been “startling”, Mr. Guterres said, highlighting national self-interest, transactional information sharing and manifestations of authoritarianism. 

‘Put people first’

The UN chief stressed that “we must not return to the status quo ante“.

He outlined the need to put people first, by enhancing information sharing and technical cooperation “to prevent terrorists exploiting the pandemic for their own nefarious goals” and thinking “long-term solutions rather than short-term fixes”.

“This includes upholding the rights and needs of victims of terrorism…[and] the repatriation of foreign terrorist fighters, especially women and children,  and their dependents to their countries of origin”, he elaborated.

Closing window 

Meanwhile, the risk of COVID-19 is exacerbating the already dire security and humanitarian situation in Syrian and Iraqi camps housing refugees and the displaced.

“The window of opportunity is closing so we must seize the moment”, the UN chief said. “We cannot ignore our responsibilities and leave children to fend for themselves and at the mercy of terrorist exploitation”.

He also expressed confidence that the Aqaba Process will continue to “strengthen international counter-terrorism cooperation, identify and fill capacity gaps, and address evolving security threats associated with the pandemic”, and offered the UN’s “full support”.

Post-COVID rebuilding 

The Secretary-General also addressed the Centenary Summit of the International Organization of Employers (IOE) on how private and public sector cooperation can help drive post-COVID change. 

He lauded the IOE’s “significant contributions” to global policymaking for economic and social progress, job creation and a mutually beneficial business environment, calling it “an important pillar of the International Labour Organization (ILO) since its earliest days”.  

“Today, our primary task is to defeat the pandemic and rebuild lives, livelihoods, businesses, and economies”, he told the virtual Summit.

In building back, he underscored that workers and small business be protected, and everyone be given the opportunity to fulfil their potential. 

Businesses input

The UN chief urged businesses to engage with the multilateral system to create a “conducive global environment for decent work, investment, and sustainability”; and with the UN at the national level, to help ensure that multilateralism “works on the ground”.    

He also encouraged them to actively participate in national and global public-private dialogue and initiatives, stressing, “there must be space for them to do so”. 

Tripartite cooperation

ILO chief Guy Ryder highlighted the need for “conscious policy decisions and tripartite cooperation to overcome transformational challenges”, such as technological change and climate change, as well as COVID-19. 

Mr. Ryder also flagged that employers must continue to collaborate in social dialogue and maintain their commitment to both multilateralism and the ILO.

The IOE represents more than 50 million companies and is a key partner in the international multilateral system for over 100 years as the voice of business at the ILO, across the UN, the G20 richest countries and other emerging forums.

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Traumas of terrorism cannot be erased, but victims’ voices must never be forgotten

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In remembering and honouring all victims of terrorism, Secretary-General António Guterres said the UN stands by those who grieve and those who “continue to endure the physical and psychological wounds of terrorist atrocities”.

“Traumatic memories cannot be erased, but we can help victims and survivors by seeking truth, justice and reparation, amplifying their voices and upholding their human rights”, he stressed.

Keep spotlight on victims, even amid pandemic

This year’s commemoration takes place against the backdrop of the COVID-19 pandemic, when vital services for victims, such as criminal justice processes and psychosocial support, have been interrupted, delayed or ended as Governments focus attention and resources on fighting the pandemic.

Moreover, many memorials and commemorations have been cancelled or moved online, hampering the ability of victims to find solace and comfort together. 

And the current restrictions have also forced the first-ever UN Global Congress of Victims of Terrorism has to be postponed until next year.

“But it is important that we keep a spotlight on this important issue,” stressed the UN chief.

“Remembering the victims of terrorism and doing more to support them is essential to help them rebuild their lives and heal”, said Mr. Guterres, including work with parliamentarians and governments to draft and adopt legislation and national strategies to help victims.

The Secretary-General vowed that “the UN stands in solidarity with all victims of terrorism – today and every day” and underscored the need to “ensure that those who have suffered are always heard and never forgotten”.

Terrorism unjustifiable

General Assembly President Tijjani Muhammad-Bande saluted the resilience of terrorist survivors and called the day “an opportunity to honour the memories of the innocent civilians who have lost their lives as a result of terrorist acts around the world”.

“Terrorism, in all forms and manifestations, can never be justified”, he stated. “Acts of terrorism everywhere must be strongly condemned”.
The UN commits to combating terrorism and the Assembly has adopted resolutions to curb the scourge while working to establish and maintain peace and security globally. 

Strengthen assistance

Mechanisms for survivors must be strengthened to safeguard a “full recovery, rehabilitation and re-integration into society through long-term multi-dimensional support”, stated the UN official.

“Together we can ensure that you live a full life defined by dignity and freedom. You are not alone in this journey. You are not forgotten”, concluded the Assembly president.

‘Human dimension’ 

Closing the event, Vladimir Voronkov, chief of the UN Office of Counter-Terrorism, maintained that victims represent “the very human dimension of terrorism”.

While terrorists try to depersonalize victims by reducing them to mere numbers or statistics, Mr. Voronkov maintained that “we have a responsibility to do the exact opposite”.

“We must see victims’ hopes, dreams and daily lives that have been shattered by terrorist violence – a shattering that carries on long after the attack is over”, he stated. “We must ensure their human rights are upheld and their needs are met”.

Reaffirming humanity

While acknowledging the “terrible reality of terrorism”, Mr. Voronkov flagged that the survivors shine as “examples of resilience, and beacons of hope, courage and solidarity in the face of adversity”.

In reaffirming “our common humanity”, he urged everyone to raise awareness of victims needs and rights.

“Let us commit to showing them that they are not alone and will never be forgotten”, concluded the Counter-Terrorism chief.

Survivors remember

At the virtual event, survivors shared their stories while under lockdown, agreeing that the long-term impacts of surviving any kind of an attack is that the traumatic experience never really goes away.

Tahir from Pakistan lost his wife in attack against the UN World Food Programme (WFP) office in Islamabad.  

“If you have an accident, you know how to cope with it. Terminal illness, you know how to cope with it. But there is no coping mechanism for a person who dies in an act of terror”, he said.

Meanwhile Nigeel’s father perished in the 1998 US Embassy attack in Kenya, when he was just months years old. 

The 22 year-old shared: “When you are growing, it really doesn’t have a heavy impact on you, but as life starts to unfold, mostly I’ll find myself asking if I do this and my dad was around, would he be proud of me?”

And Julie, from Australia, lost her 21-year-old daughter in the 2017 London Bridge attack.

“The Australian police came to our house and said ‘we have a body, still not confirmed’, so they recommended that we fly to London”, she recalled. “I can’t describe how devastating as a parent to lose a child in these circumstances is for the rest of your life”.

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