“I was born in Somalia, in Mogadishu,” Ibn Adam tells me as we start his interview in a Syrian Democratic Forces (SDF) prison reception area. Ibn Adam is a big black 29-year-old Somali man. He’s got a scar on his forehead and looks like he could reach out and strangle me quite easily, but his smile and his voice are warm as he begins to speak in English with me, answering my questions of how he decided to leave his home in Europe to go and join ISIS.
Ibn Adam came from Somalia to Europe as a war refugee at six years old. He’s one of the refugees that didn’t integrate well and eventually ended up falling into militant jihadist online seduction and traveling for jihad to Syria. Like many Somalis whose families fled war-torn Somalia, Ibn Adam doesn’t remember his father who went missing in the war and after his mother also died of illness, he was raised by a mix of relatives.
“We were pretty much a happy family,” Ibn Adam recalls of his aunt and grandmother who brought him with them to Europe, although they grew up in a poor immigrant neighborhood where Ibn Adam fell into a bad crowd. “She had benefits from the state,” he explains.
“Auntie loves me,” Ibn Adam says with a sweet smile crossing his face as he remembers her. “Last time I talked to her [while still in ISIS], she was telling me to come back, that she can’t sleep.”
“I was a bit of a trouble-maker,” Ibn Adam admits, telling how his aunt followed a common immigrant cure of trying to get him straightened out when he was showing signs of going down the criminal path as a preteen, by taking him back to the home country. In his case, she took Ibn Adam to live with his cousins in the Eastleigh neighborhood of Nairobi, Kenya, an area populated by so many Somalis that it is sometimes referred to as “Little Mogadishu.”
“She took me because I was in trouble. I was stealing from the teachers’ cigarettes and smoking [and stealing] candies.” The last straw was when Ibn Adam got caught stealing cookies from a kindergarten and was taken home by the police who decided not to press charges. “Gramma was home. She was angry.”
Ibn Adam spent two years in Kenya with extended family there, learning to follow the rules. “I became better and calm. I went to school [in Kenya,] but I always wanted to go back to Europe. [After two years,] they agreed for me to go back.”
At that point Ibn Adam was in the 9th grade and turning 16. “Teachers were saying I was smart,” Ibn Adam recalls. “It was easy, but I was lazy. I was studying media and liked to be on the computer.” Like many teen boys he recalls that he was more absorbed by computer games and sports than classwork. “I played games and did Free Running—stunts jumping from buildings.” Ibn Adam recalls one particular good influence in his life, “I liked English. I had the best teacher I had in all my life. Until today I still think about her. She was so kind. She cares about you. Everyone feels this, that she cares about you.”
Despite having a good mentor in high school and being smart, Ibn Adam didn’t attend university due to tragic events that occurred in his family. “My cousin got killed. He was on his way to the mosque, to do morning prayer, but there was a party in the parking lot, [a party] of Somalis. He told them it’s not good. He had a fight with one of them and he stabbed him. I got depressed, so I graduated from high school, but I didn’t go to uni. I started working instead.”
In regard to religion Ibn Adam recalls, “I was not practicing. My aunties and grandmother prayed, but I was never told to pray. I wanted to fast in winter [during Ramadan], but they didn’t let me. They said, ‘You fast at nighttime.’
“When I came back from Kenya, I was more religious,” Ibn Adam explains. “I had stages, on and off, up and down.” Ibn Adam was also not particularly interested in events in Syria either. “I was not a guy who watched the news.” Ibn Adam had other interests. “My life was all about Parkour [Free Running], training, watching animation and Play Station. I loved to watch Japanese animations. I want to hear about [Parkour], what they are doing, cartwheels and flips with buildings.” While he had many vulnerabilities to being interested in groups like ISIS, from his profile at the time, Ibn Adam should have never ended up going to join ISIS, given he had no exposure to ISIS propaganda or recruiters. No one was seducing Ibn Adam by telling him that ISIS could meet many of his unmet needs and frustrated aspirations.
However, things have a way of taking their own turns in people’s lives and Ibn Adam’s was no different in that regard. “The first time I heard about Syria was late 2013 and 2014,” Ibn Adam recalls. “I had a friend who was here [in Syria]. I heard he was here. We were not very close friends, but I knew him. We grew up in the same neighborhood.” In 2014, Ibn Adam’s friend returned from Syria, ostensibly to recruit others to join ISIS. “I saw him in mosque, at Eid. He bought me an I-Pad with lectures of Anwar al Awlaki.”
Awlaki, an infamous Yemeni imam lecturing in English is credited with convincing thousands of Muslims all over the Western world that militant jihad was their individual obligation, as was hijra—that is, moving to lands ruled by shariah law—and that building an Islamic Caliphate should be their goal as they fought jihad tirelessly till the end times. When Ibn Adam was introduced to Awlaki’s virulent influence, Awlaki was already dead, drone killed in Yemen by the American forces. Yet Awlaki was still alive and well on the Internet, as he lectured from beyond the grave and continued to draw young and impressionable Muslims into groups like ISIS.
“He knows how to speak,” Ibn Adam recalls of Awlaki, who was indeed a gifted orator. “Every lecture is one hour to two hours. I was a bus driver. I was bored. Before I used to listen to Quran [while driving the bus], so I started to listen to his lectures.” Awlaki, although already dead, lost no time in drawing Ibn Adam into ISIS. “I was listening to the life of Abu Bakr and about the Caliphate after Abu Bakr, and then onward. After I listened to these two lectures I said, ‘I want to go [to Syria].’”
Ibn Adam told his ISIS friend, who replied, “Good.”
“At that time, I didn’t know there were Muslims against going to Syria. I thought all the Muslims were for it and all non-Muslims against,” Ibn Adam explains.
Life events intervened again, however, preventing Ibn Adam from throwing his life away in Syria. “My grandmother was getting old and she wanted to die in Somalia. I took my grandmother and left her there, [but] before I went back, I told my friend in Somalia, ‘I want to go to Syria.’ He said, ‘It’s not allowed to go to Syria and fight there. You have to ask your parents’ permission and these people, what they are doing is wrong.’ I was shocked, but he said he had asked his Islamic teacher. I went back to Europe and said [to my other friend] ‘I’m not going. I prefer to go to Egypt and study my religion.’”
The recruiter friend answered shrewdly, “You have to ask someone who has been there. You can’t ask someone who doesn’t know, who hasn’t been there.” Ibn Adam, however, wasn’t convinced by this until he went back to listening to Anwar al Awlaki, this time about the constants of Jihad, which he admitted had a hypnotic effect upon him and renewed his desire to join the ISIS jihad in Syria.
Ibn Adam reached out again to his friend who had already returned to Syria and got the contacts for a smuggler to help him cross into Syria from Turkey. “I didn’t tell anyone,” he recalls. “I thought they will stop me.” Yet his family sensed something amiss. “I remember I was speaking to my cousin at my auntie’s house. She was telling me in a joking way, ‘If you would go to Syria, would you tell us?’ I was shocked. I said, ‘What? Why would I tell you? Why would I tell someone that would try to prevent me?’”
“I don’t know how they found out,” Ibn Adam explains, “but they found out when I was in Turkey and she wrote to me on Facebook [Messenger]. ‘Why did you do this? Why you leave us?’ [I answered,] ‘What are you talking about?’ I was trying to act normal because she might call the cops and they catch me. I was in Urfa [southern Turkey].” Indeed, some of the ISIS cadres I have interviewed had friends, or were themselves stopped in Turkey, when their home country police learned in enough time to prevent them, with the help of Turkish security officials, from crossing into Syria. Ibn Adam didn’t want that to happen to him.
“We met in Urfa,” Ibn Adam explains about the ISIS smuggler. “He took me to a safehouse. I stayed for about a day, [then I entered Syria. I] jumped over a fence.” Making use of his Parkour training, Ibn Adam recalls, “I made like a flip, otherwise I’d be stuck. We were 14 guys, men from Libya, Yemen, Palestine. First we threw our bags [over the fence] and then jumped over it. A lot of guys got stuck. It was daytime. I didn’t see Turkish soldiers, but I heard bullets. I don’t think they were shooting at us, but shooting to scare us. One guy said he saw the bullets in front of him hitting the ground.”
Upon his arrival into ISIS, Ibn Adam was first drafted into driving a minibus for newcomers coming through the Turkish/Syrian border. Next he was taken for military training in Iraq. Ibn Adam was not aware that being sent to the Iraqi battleground was essentially a death sentence but he soon understood when he was about to be deployed to Fallujah. Wising up, Ibn Adam refused to go, and was sent to Haditha instead from where he made his way back into Syria, to Raqqa. “In Raqqa the emir tells me I have to go back to Iraq,” Ibn Adam recalls, but he managed to evade it by finding Somali friends who came and took him into their ranks.
Reflecting back on the vision he held that had fueled his travel from Europe to Syria to join ISIS, Ibn Adam recalls, “When I thought about this place I thought everyone is angels, everyone is perfect. They will they will give me a car and a house, everything I need. I thought it would be like the days of the Companions. I thought everything was perfect. It was not.”
Ibn Adam admits, “I didn’t watch their videos, but as an Islamic State, I thought everyone will be acting according to Islam one hundred percent.” He recalls, “I was not disappointed in the beginning, but it was not exactly what I thought. He recalls the way his trainers in Iraq lied about the training schedule always claiming things would begin the next day, “In Islam it’s not allowed to lie, but when I see these guys say tomorrow, tomorrow…” Ironically, many of the European ISIS members were exasperated by this trait among the Arab ISIS leaders of failing to state things directly. And German ISIS joiners were even more infuriated by their Arab leaders’ total lack of punctuality.
Back in Syria, Ibn Adam realized he needed to join some fighting group. “I saw some guy asking people to go and fight, so I went with him. They didn’t give me weapon or grenade and battle vest. They were saying, ‘You’ll get it later. Jump on the truck. When you reach that place…’ I was scared, thinking why did I come? I was not in the front. I was in ribat [at the borders]. It was the first time I hear airstrikes and bullets and stuff like that. We went in. One guy was showing us the way. They try to hide from the drones, walking and hiding. Then, he was sitting and when he got up he got shot by a sniper.”
“No one else knew the way. We don’t know how to go back. We don’t know where to go. Then some other guys from Dawlah [ISIS] came. They took us to their place. We stayed for a day or two, then the room I was sleeping in they made a flash bang. I felt like I was in a tunnel. Everything is white after a flash bang. We retreated a bit. After a day or two, I wanted to go back. I couldn’t understand the structure. I can’t speak Arabic. They said you have to speak to the emir, he’s a French guy.”
Ibn Adam went to the emir saying “‘I want to go back.’ That’s the last thing I remember. Airstrike. I woke up in hospital. I was not one hundred percent. The guys took out cartilage in my knee, [put a] metal plate in my forehead. One guy said, ‘When you get shot, the bullet will go back.’ I said, ‘What are you talking about?’ It was the metal plate he was talking about. My finger was broken also.”
Ibn Adam recalls staying in hospital for two months and getting his regular pay alongside a payment for being injured, although his money was all stolen while he drifted in and out of consciousness. Upon his release from hospital, Ibn Adam was signed up to one of the brigades of foreign fighters. Its name was the Anwar al Awlaki katiba after the man who had incited him to join ISIS in the first place.
Ibn Adam was too injured to join the fighting again. But he was well enough to have ISIS help him to arrange to marry a Somali also coming from Europe. They had three children together although only one survived childbirth.
When he recovered, Ibn Adam changed to another katiba and drove a truck mounted with a heavy weapon. “I stayed through the siege in Raqqa,” Ibn Adam recalls. “[I got] mortared, small injury, shrapnel in my body. [There were] bombs close by. One time my house got bombed.” Ibn Adam recalls being so numb at that point that he wasn’t very scared. “There were a lot of people afraid. [There were] phantom drones. You know something is coming. If I see those in the area I go to another area. It comes to see everything, and I know mortar is coming. The other drones I didn’t think they will hit me. I was not in a high position.”
Like so many of the ISIS cadres I’ve interviewed who lived in Raqqa, Ibn Adam liked it at first, finding Raqqa a hospitable place that he and his family could enjoy. “Before the siege I liked it. It was pretty nice.” When asked about the punishments going on and the ISIS brutality Ibn Adam shrugs it off saying, “You hear sometimes people doing wrong, but you can live with it. I heard about if people leave they punish them. If someone wants to leave, why keep him here? He’s extra luggage. He will start to hate you even more, become a spy. If they want to leave, let him leave.”
When asked about the oppressive ISIS hisbah, or morality police, or their intelligence arm, the emni, Ibn Adam recalls having no dealings with them. “Nobody would come and speak to my wife.” Although he does admit, “Some people were very harsh. For example I saw one guy tell a woman to cover her eyes. She didn’t. I saw him stomp on the ground and scare her. ‘Cover your eyes!’ I got scared. If she doesn’t want to, leave her.”
Ibn Adam recalls happening upon the corpses of an ISIS execution carried out in Naim Square in Raqqa. “I felt sorry for them, depending on what these guys did. There was a lot of harshness in the State,” he adds, explaining that in the beginning he believed it was the fault of individuals, but not systematic brutality within ISIS governance itself. Ibn Adam was still naïve in the beginning recalling, “I came for a true Islamic State like in the days of the Companions. I thought everyone will be perfect.”
Ibn Adam and his small family escaped from the siege of Raqqa during a truce with the SDF. “There were busses and trailers,” he recalls. “They took us to Deir ez Zor area, to an area near Hajin.”
Recalling leaving Raqqa, Ibn Adam explains, “I didn’t quit at that time. When we came out from Raqqa, there was no paperwork. It was chaos, especially for those coming from Raqqa. The traffic police were stopping people, telling them they have to go sign up. After a month or two I joined [a katiba] again. You had to join to get pay, help, even to go to the hospital. If you don’t have their ID card, if you do things on your own, it’s difficult, apartment on your own, treatment in hospital.”
Ibn Adam and his wife settled in a small village with very welcoming Syrian neighbors, but it “didn’t last for long. Bashar coming across the river. I went to Bookimal for two, three weeks, then retreat after retreat.”
At this point Ibn Adam realized, “It is not what I thought. I thought I’d like to be in a real Islamic State. I wasn’t thinking I have to get out, but things were bothering me, especially the emni intelligence of the State, stories about them. It makes rage—the injustice. You hear about people going in prison, how they treat people, the very bad treatment, but you cannot speak about injustice openly. I was in Friday prayers and one guy lectured on injustice. I saw him later and he said, ‘I’m not allowed to preach anymore.’ He was in prison. Then the prison was bombed.”
“In Kishma it was like war, everyone was retreating. I borrowed some money and I bought 25 kg of rice. [When] it got finished, food got very expensive. I remember buying food for $1000—a half kilo of rice, 10 kilos of flour, ten packs of tuna, powdered milk and five 6-packs of lentils. That was cheap compared to Baghouz.”
“[I got injured] in Shafaa. [I was at that time] sleeping in the mosque. My wife was in a small school. I went to her and she asked me to buy food. Something exploded in the school. I got shrapnel in my leg. I went to hospital. They put a bandage and told me to go. They gave me a stick go to Sousa.” In Sousa, Ibn Adam found an abandoned pair of crutches in the mosque. He is, however, bitter to this day that ISIS didn’t help him when he was crippled by his injury, “Afterward I heard there were lot of crutches, but they didn’t give them out.”
At that point in the retreat, many foreign fighters were feeling that ISIS didn’t care about them and many feared being accused of being spies and executed. Others were angry that the Iraqis appeared to have everything needed—food, Kia trucks, money to rent nice housing, etc. while many foreign fighters dug trenches in the ground and lived under plastic sheeting overhead. “I heard that Iraqis had it very good. I see them selling stuff, so I know they had food. But where did it come from? They were selling it very expensive, which leads to another thing. If they are selling it, it means they have more, or what would they eat?” Ibn Adam asks.
At that point in retreating from ISIS’s crumbling statehood many were also deeply disappointed in the failure of the ISIS leaders to take charge to inspire the ranks. “There were a lot of people disappointed that Baghdadi did not make a speech,” Ibn Adam recalls.
Rumors were also flying about, many of them purposely started by ISIS to discourage fighters from abandoning the State. Ibn Adam recalls rumors about, “People will go out and stay [detained] for two months and then go to camps. They will send the women out, but it doesn’t make sense to me. How are you going to send your wife and kids to people you are fighting? We have been fighting them for years. They are going to suddenly take you and only take you for two months?”
Like many foreign fighters who couldn’t find housing in Baghouz, Ibn Adam recalls, “I lived in a trench. I found one that was ready. I tried to dig one, one time but I didn’t have energy. I was very tired. For two or three days we were in the trench.” Unlike most who recalled the trenches as pure hell, Ibn Adam recalls the trench being much better than the overcrowded home he had just abandoned. “It had a carpet. They made it very nice. It had a small wall in it. In the house we lived in first there were maybe 70 people, women and children in one side and men on the other side. There was no privacy. There was arguing with his wife to go get water. In the tent [trench] we had privacy.”
All the same, Ibn Adam had to crawl out of his trench to go get water and food. “I saw death.” Although he recalls witnessing the worst in that regard in Raqqa, “The most [death I saw was] in the siege of Raqqa, bodies.” In Baghouz, Ibn Adam recalls seeing a man shot dead in front of him, “He was walking with his wife. He got shot in the heart. He fell down from a sniper from the Syrian army.”
In Baghouz there was no longer food and many of the foreign fighters started eating the grain husks used for animal feed. Others boiled grass to feed their families. “[We used the husks of] grains for the animals. We made bread from it, dark bread, from the parts you usually throw away. It was harsh on the stomach.” While ISIS had previously fed its members, in Baghouz they fought only the fighters, ignoring even the injured ones. “If you were not fighting they gave one sardine for two guys, or one teacup of lentils.”
Remembering that Ibn Adam’s former friend and recruiter had told him he should only trust an ISIS insider, someone who had been there, to know whether to join or not, I ask him now from his experiences with ISIS if he has advice for others about joining the group. “With all this experience I would tell them live your life,” Ibn Adam answers without hesitation. “Think before you act. Problem is, I learn after I act. Smart ones learn from other people’s mistakes. That’s good. Good you learn. But to learn from others’ mistakes is better.”
Before Baghdadi was killed, his last video rallied ISIS supporters to revenge against Western powers for destroying the ISIS territorial Caliphate and for Baghouz. I ask Ibn Adam what he thinks about Baghdadi’s plea for revenge attacks at home in Europe. “That is not something I personally would do. Jack, or John, or Ahmed did this act and got caught and went to prison. What is the benefit? What did he get out of it? If you are injured laying on floor, or killed, he didn’t get benefit from it and it doesn’t bring back the dead to life. Why do it? What is the benefit?”
Since I was waiting for my taxi to the airport on the day in March 2016 that ISIS blew up the Brussels airport, I often ask ISIS members how they feel about that attack, curious to know what they’ll say. Some endorse it, making me angry inside, others strongly decry it. Ibn Adam is neutral on the subject. “I didn’t feel good, nor did I feel bad. I didn’t really feel anything. Something happened somewhere else, it didn’t affect you too much.” Similar to how he was earlier in his life, he recalls, “I didn’t follow the news too much.”
“I should care for others, but it’s not happening in front me of me, so I don’t feel too much,” he explains. But then he goes on to qualify his statement, “I don’t know anything in Islam that tells you can attack civilians. If I am a Muslim, I should talk to them in a good way, try to make people convert. Our Prophet said you have a package. It’s the way you deliver. You can knock on the door or throw it at him, or make it beautiful and say, ‘This is for you.’ Either way you delivered the message. I don’t know anything in Islam that says you are allowed to attack civilians, and that you should. Our Prophet said, ‘Don’t kill an old man who is not fighting, nor a woman who is not fighting. Don’t break the branches of trees, or burn them. Don’t fight those who are not doing anything.” Indeed, Ibn Adam paraphrases the scriptures of Islam, but he forgets how Awlaki and ISIS twisted other scriptures to convince people like him to come support their heinous acts against innocents.
While still debating his future in Baghouz, Ibn Adam recalls his father-in-law advising him to surrender after sending his wife out to the camps. Ibn Adam replied, “If I go out, only bad news will happen. You won’t hear about me. We heard the women reached the camps, but men no.” Yet when Ibn Adam finally surrendered himself to the SDF he recalls how good they were to him. “They gave me chicken and potatoes. I ate like a mad man. It was up on the mountain. They did a body search, then brought bread, eggs, chicken and potatoes. I loved the food. I didn’t have bread for a long time.” Most of the ISIS prisoners I’ve interviewed in SDF territory tell a similar story of relatively good treatment given the constraints of the overcrowded prisons and limited funds for staffing and food.
Ibn Adam will likely remain imprisoned in SDF territory for a long time given his country does not have any plans for repatriating citizens and weak laws for prosecuting returnees. Yet he seems like a good candidate for repatriation, to be brought to justice at home. He appears battle fatigued and claims he wouldn’t be interested to rejoin ISIS if it made a comeback. “After all I went through, go again? No! After all of this oppression and injustice?”
Interestingly, Ibn Adam states that of the men housed in his prison at least “90 percent are disappointed” in ISIS and feel the same way—that they would never go back. Whether or not he is telling the truth is impossible to say, but given his experiences of being repeatedly disappointed by ISIS, it seems likely.
“I want to go home,” Ibn Adam says. “I miss Europe. I miss even Somalia. I used to think it was harsh there, but after here I think I can go through anything.”
Author’s note: first published in Homeland Security Today
Balancing Counter-Terrorism Measures with International Human Rights
In his statement at a special meeting of the Security Council’s Counter-Terrorism Committee on 6 March 2003, the Former Secretary-General Kofi Annan has noted:
“….Our responses to terrorism, as well as our efforts to thwart it and prevent it, should uphold the human rights that terrorists aim to destroy. Respect for human rights, fundamental freedoms, and the rule of law are essential tools in the effort to combat terrorism – not privileges to be sacrificed at a time of tension.”
Acts of terrorism are one of the gravest forms of human rights violations that can potentially shake up the spirit of society. People acquire a hateful approach towards the terrorists and those involved in terrorist activities. Moreover, governments do not hesitate to take all possible hardest actions against terrorism to secure their citizens and nation. It can be understood that any counter-terrorist measure taken to satisfy this sentiment of society will more likely be appreciated rather than being criticized. In the wake of this situation, it becomes crucial for the state and its agencies to observe the human rights laws while enacting and exercising the anti-terrorist measures (OHCHR 2008). It has been found that there exists a continuous struggle between national security interests and the protection of the human rights of individuals. In numerous cases, European and American Courts have preferred human rights over the draconian legislative provisions to curb terrorism. When one is dealing with terrorism, measures taken for counter-terrorism shall give high regard to human rights. If States fail to achieve this balance, they will ultimately defeat the success of their counter-actions. Thus, it is to be remembered that one should not become a demon that they are fighting.
Understanding International Human Rights
Human rights are the core universal values available to every individual and group being a human. It provides fundamental freedoms to individuals and protects them from the arbitrary use of power by the state (OHCHR 2008). International human rights are the rights reflected under various core international human rights treaties and customary international law. It includes the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, and others. Moreover, the prohibition of genocide, torture, and slavery is widely recognized as peremptory norms from which no derogation is possible. All the concerned state parties are under an obligation to protect human rights enshrined under these instruments. They shall not take any action in the breach of their commitments.
The immense importance of human rights raises a few considerations before the state. Whether human rights can be compromised in the name of national security? How should states deal with a situation where human rights fall between their national security or other interests? This short note will try to reflect on these essential issues.
What Is Terrorism?
There exists no universal definition of the term ‘terrorism’ (Acharya 2009); however, General Assembly has tried to define it as “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them” (UNGA 1995). This term finds its mention under International Humanitarian Law that prohibits ‘terrorism’ and ‘acts of terrorism’ committed during an armed attack (Kaponyi 2007). During peacetime, such acts are dealt with under national laws, international criminal law, and human rights laws. Terrorism has been observed as a criminal act rather than an act of war (Acharya 2009); however, this definition is still evolving.
Terrorism is a controversial term, and its meaning differs from context to context and time to time. A person or group who acts as a terrorist for some might be a hero for others. However, it should be presumed that all such violence and destruction that constitutes terrorism and terrorist activities are done in the breach of human rights. These activities cause severe injury to the life and liberty of the individuals and the unity and integrity of the nation (Kaponyi 2007). In the interest of humanity, the state needs to adopt counter-terrorism measures in its legislation and enforcement actions to prevent and suppress terrorist activities while observing the rule of law.
Interaction Between Counter-Terrorism Measures And International Human Rights
There exists an unavoidable link between counter-terrorism measures and international human rights (Kielsgard 2013). Acts of terrorism provide legal justification to the threatened state to take actions that can cause severe human rights abuses. The interplay between these two concepts aims to address three dimensions of human rights: concerning the victims of the terrorist attacks, concerning the suspected terrorists, and concerning the people subjected to terrorism (Kaponyi 2007). The first category requires the right to life and dignity and the right to justice. The second category talks about the right to life, the presumption of innocence until proven guilty, the right to a fair trial, freedom from arbitrary detention, torture and degrading treatment, and the right to asylum. The third category talks about the right to life, right to information, freedom of association, strike, and expression. It is to be noted that the list of these rights are not exclusive and may include other related rights. Therefore, the state’s actions must not defy its international human rights commitments in the guise of national security. There have been instances when courts have curtailed unnecessary and vague security measures found in infringement of human rights.
In Hamdan v Rumsfeld US Supreme Court held that the structure and procedures of the Military Commissions been set up to try detainees of Guantanamo Bay violates the Uniform Code of Military Justice and Common Article 3 of Four Geneva Conventions, 1949. It was a landmark case that restrained the Presidential power vis-à-vis the treatment of Guantanamo Bay prisoners (Philips 2006). In Hamdi v Rumsfeld Supreme Court rules, US citizens detained as enemy combatants have the right to due process and the ability to challenge their enemy combatant status. However, in Rasul v Bush Supreme Court provided that it has jurisdiction to hear habeas corpus petitions foreign nationals detained at Guantanamo Bay. This case attracted several petitions from foreign citizens challenging the basis of their detention. To prevent a large number of petitions from detainees, the US government came up with Military Commission Act in 2006 that bars foreign nationals from challenging their detention that was ultimately held unconstitutional by the US Supreme Court in the case of Boumediene v Bush. It can be observed that the Supreme Court has generally prioritized human rights over its national security issues (Wald 2010).
Similarly, the Court of Appeal in Miranda v Secretary of State for the Home Department found arbitrary ‘stop powers used against journalistic information’ contained under Schedule 7 of the Terrorism Act, 2000 of the UK to violate freedom of expression provided under Article 10 of the European Convention of Human Rights. In another case of Gillan and Quinton v United Kingdom European Court of Human Rights held blanket power to stop and search under Section 44 of the Terrorism Act, 2000 to violate the right to respect for private life that later got repealed and replaced by the legislature.
Counter-terrorism measures provide incentives to the government authorities to reinterpret their law justifying interrogation, detention, and ‘targeted killing’ (Sanders 2017). It provides immunity and legitimacy to their acts of human rights abuses with the least accountability. Under its ‘War on Terror’ against the Taliban Government in Afghanistan, the US has denied applying human rights and humanitarian law to the detainees at Guantanamo Bay and termed them as “enemy combatant” (Duffy 2005). However, from the International Humanitarian Law perspective, it can be counter-argued that the US is detaining combatants by creating a category based on a weak claim supported by reliable facts. They are arrested for an indefinite period without providing them the rights of prisoners. From the International Human Rights approach, a State is obliged to fulfill its international commitments over the persons who are present under its authority and control. This global outreach of the subject founds its applicability even in the areas beyond national jurisdiction, thus holding the US responsible for Guantanamo Bay that lies outside US territory.
Counter-terrorism measures are abused on the pretext of discrimination (Kaponyi 2007). General Assembly Resolution and UN Council on Human Rights Resolution prohibit discrimination that treats people from one ethnic or racial origin, religion or belief, disability different from the others. The creation of plausible legality of human rights violations by the state establishes a requirement to promote human rights (Sanders 2017). Where the UN General Assembly and Security Council have taken several counter-terrorism measures to combat terrorism, UN bodies also aim to respect human rights even in emergency cases. Law is undoubtedly evident that counter-terrorism measures cannot be fulfilled without considering human rights (Kielsgard 2013). States should respect human rights along with its counter-terrorism and security measures.
The real issue lies in determining the legality of counter-terrorist measures that occasionally fall short of the state’s international commitments under its human rights regime. It has been observed that the absence of any definition of terrorism provides ample scope for the state to interpret the term ‘terrorism’ with a political bias favoring its interest (Kaponyi 2007). Further, a State can easily justify its actions in the name of national security that denies human rights to the individual and ultimately raises questions on the rule of law (Duffy 2005). Under the case laws, judges have shown an inclination to respect the international commitments on human rights regime. However, this cannot be said affirmatively for the legislature and enforcing authorities. It is not the counter-terrorism measures, but their abuse is problematic. Arbitrary and poorly-implemented counter-terrorism measures have their consequences. Co-lateral damage must be proportional. Since both counter-terrorism measures and human rights are important issues for a country; thus, it is essential that a balance be struck between them. It should be noted that fight against terror and the observance of human rights must go hand in hand. The State’s responsibility is to respect human rights and not use counter-terrorism measures as a justification for their violation.
- Acharya, Upendra D. (2009): “War on Terror or Terror Wars: The Problem in Defining Terrorism,” Denver Journal of International Law and Policy, Vol 37, pp 653.
- Boumediene v Bush (2008): 553 U.S. 723
- Duffy, Helen (2005): The “War on Terror” and the Framework of International Law, Cambridge University Press
- General Assembly, Protection of human rights and fundamental freedoms while countering terrorism, A/RES/58/187 (2003)
- General Assembly Resolution, U.N. Doc. A/RES/49/60 (Feb. 17, 1995)
- Gillan and Quinton v United Kingdom (2010): ECHR 28 (2010)
- Hamdan v Rumsfeld (2006): 548 U.S. 557 (2006)
- Hamdi v Rumsfeld (2004): 542 U.S. 507
- Kaponyi, Elisabeth K. (2007): “Upholding Human Rights in the fight against terrorism,” Society and Economy, Vol 29, pp 1.
- Kielsgard, Mark D. (2013): “Counter-Terrorism and Human Rights: Uneasy Marriage, Uncertain Future,”Journal Jurisprudence, Vol 19, pp 163.
- Miranda v Secretary of State for the Home Department (2014): EWHC 255 (2014);
- Office of the United Nations High Commissioner for Human Rights (2008): “Human Rights, Terrorism and Counter-Terrorism” <https://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf>
- Philips, Dennis (2006): “Hamdan v Rumsfeld: The Bush Administration and ‘The Rule of Law’,” Australian Journal of American Studies Vol 25, pp 40.
- Rasul v Bush (2004): 542 U.S. 466
- Sanders, Rebecca (2017): “Human rights abuses at the limits of the law: Legal instabilities and vulnerabilities in the ‘Global War on Terror’,” Review of International Studies Vol 44, pp 2.
- UN Commission on Human Rights, Commission on Human Rights Resolution 2003/68: Protection of human rights and fundamental freedoms while countering terrorism, E/CN.4/RES/2003/68 (2003)
- Wald, Patricia (2010): “National Security versus Human Rights: An uneven playing field,” American Society of International Law, Vol 104, pp 458.
Pakistan’s fight against terrorism inside its borders
When Pakistan first appeared on the map, it had little to no idea how its neighbors would harness its land. It came quite clear after the separation of East Pakistan that the land of the pure would require more foresight in dealing with those around it. They might even need to fight to maintain peace on its soil.
Since the birth of Pakistan, it has been subjected to different fights to maintain its status. With all its struggles, finding peace for the valley, and balancing its economy, the country has faced many turbulences. It has proven itself against all sorts of malicious endeavors. Some that had the potential to harm its name in the international society.
It was 9/11 that not only shook the whole world but this nook of the Asian continent as it plunged into instability. It seems like someone was busy hiding a terrorist network in Pakistan. From terrorism attacks on the APS school to the attack on the five-star PC in Gwadar. The country has been struggling to keep its face clear even though it has suffered from Islamophobia in the international community.
Pakistan and its army have been heading strong and determined to keep the citizens of Pakistan safe along with protecting the people on the globe who accept the hostility of the country to open its land for tourism. Since 2010 the country has been busy weeding out terrorist organizations. Many casualties have been taken as the roots of terrorism were attacked. The blood of martyrs has colored the land, but success has come in bits and pieces. The country was not facing armed militia but organized troops funded by the neighbors.
The terrorist funding trail reveals India’s involvement. These are no more allegations, and evidence of 22 billion PKR expenditure for the nourishment of such networks in Pakistan are available. This is quite a question, especially when keeping in mind the economy of the country. Besides, Narendra Modi’s support for extremism is simply a dot that needs to be connected.
The attack on APS was the boiling point for the whole nation. When every eye cried. Investigations were made to let the world know that Pakistan will not tolerate terrorism of any sort. Peace will be kept, and any intention against it will be answered with unpleasant outcomes. It has been, and the number of terrorism incidents has remarkably gone down.
As per the UN charter, the intrusive involvement by patronizing any country’s domestic issues is a clear violation. With ISIS contributing their share to terrorism in further Asia, it has been investigated that Indian intelligence agencies are trying to knit a scarf of deception by linking ISIS by creating “Daesh-e-Pakistan.”Adding firmness to their plan, they have already admitted 30 Indian militants in this organization and relocated them to camps along the Pakistan-Afghanistan border. Two Indian agency representatives were responsible for handing over these militants to Daesh commander Sheikh Abdul Rahim.
The geographical advantage that Pakistan holds brought a ray of sunshine with the CPEC project. But as the country started working on its economy’s progress, the state has witnessed countable heart-wrenching fights against terrorist groups. While Pakistan struggles to keep global security and safety and fights against incendiary of this terrorism, Indian state policy has internalized terrorism as an instrument. With Modi’s incumbency, the Kashmir valley has burned, but Muslims in Delhi face their wrath.
Hence, the policy was not a joke, it was a serious mission, and satisfactory amounts were sent to sub-nationals through humanitarian assistance to cause unrest in Balochistan. With Peshawar police attack on 11 May 2020 to target killing and eventually linking with a suicide attack on Mardan Judicial Complex in 2016. Pakistan has been highly receptive to all intelligence gathered to averting a colossal attack on 14 August 2020. Maj Fermin Das, an official from Indian intelligence, was found to be the mastermind behind the planning of this attack. This person was operating from Afghanistan, which failed obviously!
It’s been no secret to everyone with Indian involvement in creating instability in Jammu Kashmir. Gilgit Baltistan is not far from it, sharing the same boundaries. Out of 60 implanted IEDs, 22 were successfully diffused, but 38 exploded and took 13 civilian lives and 48 military personnel. The explosives used in those IEDs have been traced back to, you guessed it, India.
No matter how many times Pakistan will try to keep out the pest from its soil, they seem to be crawling back inside. Safety is not just the issue of Pakistan but is the issue of the whole world. Countries funding their neighbors to keep unrest in the continent requires global attention, and determined action should be taken.
Jihadist terrorism in the EU since 2015
Europe has experienced a series of terror attacks since 2015. Who are the terrorists? Why and how do they act?
Jihadist terrorism is not new in the EU, but there has been a new wave of islamist attacks since 2015. What do jihadist terrorists want? Who are they? How do they attack?
What is jihadist terrorism?
The goal of jihadist groups is to create an Islamic state governed only by Islamic law – Sharia. They reject democracy and elected parliaments because in their opinion God is the sole lawgiver.
Europol defines Jihadism as “a violent ideology exploiting traditional Islamic concepts. Jihadists legitimise the use of violence with a reference to the classical Islamic doctrine on jihad, a term which literally means ‘striving’ or ‘exertion’, but in Islamic law is treated as religiously sanctioned warfare”.
The al-Qaeda network and the so-called Islamic state are major representatives of jihadist groups. Jihadism is a sub-set of Salafism, a revivalist Sunni movement.
Who are the jihadi terrorists?
According to Europol, jihadist attacks in 2018 were carried out primarily by terrorists who grew up and were radicalised in their home country, not by so-called foreign fighters (individuals that travelled abroad to join a terrorist group).
In 2019, nearly 60% of jihadi attackers had the citizenship of the country in which the attack or plot took place.
Radicalisation of home-grown terrorists has speeded up as lone wolves are radicalised by online propaganda, while their attacks are inspired rather than ordered by terrorist groups such as al-Qaeda or IS.
Europol explains that these terrorists may not necessarily be very religious: they may not read the Quran or regularly attend mosque and they often have a rudimentary and fragmented knowledge of Islam.
In 2016, a significant number of the individuals reported to Europol for terrorism were low-level criminals, suggesting people with a criminal history or socialised in a criminal environment may be more susceptible to radicalisation and recruitment.
Europol draws the conclusion that “religion may thus not be the initial or primary driver of the radicalisation process, but merely offer a ‘window of opportunity’ to overcome personal issues. They may perceive that a decision to commit an attack in their own country may transform them from ‘zero’ to ‘hero’.”
The 2020 Europol report shows that most jihadi terrorists were young adults. Almost 70% of them were aged 20 to 28 years old and 85% were male.
How do jihadi terrorists attack?
Since 2015, jihadist attacks have been committed by lone actors and groups. Lone wolves use mainly knives, vans and guns. Their attacks are simpler and rather unstructured. Groups use automatic rifles and explosives in complex and well-coordinated attacks.
In 2019, almost all completed or failed attacks were by lone actors, while most foiled plots involved multiple suspects.
There has been a tendency for jihadist terrorists to favour attacks against people, rather than buildings or institutional targets, in order to trigger an emotional response from the public.
Terrorists do not discriminate between Muslim and non-Muslim and attacks have aimed for the maximum of casualties, such as in London, Paris, Nice, Stockholm, Manchester, Barcelona and Cambrils.
The EU’s fight against terrorism
EU measures to prevent new attacks are wide-ranging and thorough. They span from cutting the financing of terrorism, tackling organised crime, and strengthening border controls to addressing radicalisation and improving police and judicial cooperation on tracing suspects and pursuing perpetrators.
For example, MEPs adopted new rules to make the use of guns and the creation of home-made bombs more difficult for terrorists.
Europol, the EU’s police agency, has been given additional powers. It can set up specialised units more easily, such as the European Counter Terrorism Centre created in January 2016. It can also exchange information with private companies in some cases and ask social media to remove pages runs by IS.
In July 2017, the European Parliament created a special committee on terrorism to evaluate how to better fight terrorism at EU level. MEPs produced a report with concrete measures they want the European Commission to include in new legislation.
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