Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused of having participated in terrorist activities abroad. The formal labelling of citizenship deprivation as an administrative measure outside the scope of criminal justice has prevented scholars of criminal law from undertaking a thorough scrutiny of its legitimacy. In this paper I seek to fill this gap. (...) Specifically, after demonstrating why deprivation of citizenship is a measure of a criminal nature, I argue against its legitimacy, either as a punishment or as a risk-based measure. Instead I propose that we should understand citizenship deprivation as a paradigmatic response from an illegitimate enemy criminal law. Notwithstanding the foregoing, I claim that states that choose to denationalize terrorists should do it within the framework of a process with the highest (criminal procedural) guarantees. (shrink)

An examination of the applicability of conventional and revisionist just war principles to the global war on terror.

A common view has it that since we are far likelier to be killed in some road or household accident than in a terror attack, our fear of the latter is exaggerated. I argue that terrorism's relatively limited death toll need not mean that fearing it is unreasonable, nor does it immediately imply that counter-terrorism policies are unjustified – whatever other, legitimate concerns these policies give rise to. First, I argue that in the special case of terrorism, it is misleading (...) to focus on risk per capita, as critics typically do. Second, while terrorism has a probabilistic component which should be relevant to decision-making, risk is not entirely or even primarily what terrorism is all about. Third, I argue that fearing terrorism may be reasonable even while recognizing the small probability of personal harm. Due to terrorism's random character, the belief that one will escape harm rests on little more than statistical evidence. As I explain, this leaves some room for reasonable doubt, and a justified level of fear. (shrink)

This articles exposes the methodological errors involved in attempting to operationalize or value-neutralize the concept of 'terrorism.' It defends, instead, an effects-based approach to the taxonomy of 'terrorism' that builds out from a central conceptual connection between the term's negative connotation and a widely shared moral presumption against the killing of innocent non-combatants. Although this approach to the core meaning of 'terrorism' is far from value-neutral, it has a number of virtues to recommend it. First, it has the political virtue (...) of even-handedness in the way it enables competing appraisals of asymmetric conflicts. Second, it is has the ethical virtue of being flexible enough to accommodate nuanced appraisals of various modes and degrees of terrorist violence. And third, it has the empirical virtue of being useful for purposes of rigorous social scientific research. (shrink)

Many contemporary conceptualizations of terrorism inadvertently reify political conceptions of terrorism. Mainly because they in the end rely on the intentions of terrorists in defining ‘terrorism’, the process of terrorism, which involves an unfolding dialectic of actions and reactions, is omitted from researchers’ focus. Thus, terrorism becomes simplified to intentional actions by terrorists, and this short-cutting of the causal chain of the process of terrorism facilitates both a political ‘negation of history’ and a ‘rhetoric of response’. In this paper, I (...) put forward a conceptualization of terrorism that transcends existing definitions and conceptualizations by first of all discerning between ‘terrorism’ and ‘terror’, and by subsequently conceptualizing terrorism as a paradox: what terrorism is, is inextricably bound to the reaction to terrorism. It is, in fact, the reaction of some states to terrorism that, in a sense ex post facto, constitutes an act as ‘terrorism’ by ‘refolding’ actions that unfolded subsequent to an event into that event as the root cause of the entire chain of events. (shrink)

If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonial rule, then the normative principles commonly invoked to deal with civil conflicts present a problem. While rebels in some cases might justifiably try to secure human rights by resort to violence, the three normative pillars dealing with armed force provide at best only a partial reflection of the ethics of armed revolt. This article argues that the concept of “terrorism” and the ongoing attempt to define (...) it in international law, the laws of war and their application to armed conflict, and the Responsibility to Protect all obscure as much as clarify the problem. Given the prevalence of political oppression and the occurrence of civil conflicts originating in attempts to confront it, there is therefore a pressing need to establish a place for the rights of rebellion in the international normative architecture. (shrink)