This paper provides a Kantian interpretation of core issues involved in the trial following the terrorist attacks that struck Norway on July 22nd 2011. After a sketch of the controversies surrounding the trial itself, a Kantian theory of why the wrongdoer’s mind struck us as so endlessly disturbed is presented. This Kantian theory, I proceed by arguing, also helps us understand why it was so important to respond to the violence through the legal system and to treat the perpetrator, Anders (...) Behring Breivik, so respectfully before, during, and after the trial. I close by addressing the controversial issue now facing Norway: how capable is the Norwegian legal system to deal with cases involving extreme violence, including as committed by psychologically impaired mass murderers? (shrink)
Without doubt, terrorism is one of the most vehemently debated subjects in current political affairs as well as in academic discourse. Yet, although it constitutes an issue of general socio-political interest, neither in everyday language nor in professional (political, legal, or academic) contexts does there exist a generally accepted definition of terrorism. The question of how it should be defined has been answered countless times, with as much variety as quantity in the answers. In academic discourse, it is (...) difficult to find two scholars who use the term ‘terrorism’ in the same way. -/- While it is impossible to formulate a definition which satisfies everyone, discussing the definition question is indispensable. The necessity to review existing definitions with a view to improving them is especially obvious in legal and political contexts. How terrorism is defined in these contexts has serious consequences, and if we lack clear definitions we run into problems. How can we have laws or take political measures against something we have not clearly defined? Without doubt, there exists a practical necessity for a definition in these fields. It is important to have clear standards for defining terrorism. -/- In my view, the definition should meet three basic criteria: first, it should cover those cases that we concurrently consider to be instances of terrorism (such as the attacks on the World Trade Center in New York and the Pentagon in September 2001 or those on commuting trains in Madrid Atocha in March 2004). That is, ideally, our definition of terrorism remains close to uncontroversial usages of the term. Second, the definition should abstain from morally judging the act in question. Later I will say more about so called “moral” definitions of terrorism. For now, it suffices to say that defining an action and evaluating it are distinct tasks and should remain so. Third, the definition must identify characteristics that are specific to terrorism alone, characteristics which clearly distinguish it from other phenomena. (shrink)
Tough anti-terrorism policies are often defended by focusing on a fixed minority of the population who prefer violent outcomes, and arguing that toughness reduces the risk of terrorism from this group. This reasoning implicitly assumes that tough policies do not increase the group of 'potential terrorists', i.e., of people with violent preferences. Preferences and their level of violence are treated as stable, exogenously fixed features. To avoid this unrealis- tic assumption, I formulate a model in which policies can (...) 'brutalise' or 'appease' someone's personality, i.e., his preferences. This follows the endogenous prefer- ences approach, popular elsewhere in political science and economics. I formally decompose the effect of toughness into a (desirable) deterrence effect and an (un- desirable) provocation effect. Whether toughness is overall effi cient depends on which effect overweighs. I show that neglecting provocation typically leads to toughness exaggeration. This suggests that some tough anti-terrorism policies observable in the present and past can be explained by a neglect of provocation. (shrink)
In contemporary academic, political, and media discourse, terrorism is typically portrayed as an existential threat to lives and states, a threat driven by religious extremists who seek the destruction of Western civilization and who are immune to reason and negotiation. In many countries, including the US, the UK, and Australia, this existential threat narrative of terrorism has been used to justify sweeping counterterrorism legislation, as well as military operations and even the use of tactics such as torture and (...) indefinite detention. In this chapter I outline the components of the existential threat narrative, and explain how critical terrorism scholars have critiqued this narrative on two main grounds: that it is based on false empirical claims about the nature, scale, and motivations of modern non-state terrorism, and that counterterrorism policies and practices based on this narrative have had extremely destructive consequences for individuals, communities, and states—in some cases, causing far more destruction than terrorism itself. In the final section I offer some suggestions for the direction of future terrorism research in light of these critiques of the existential threat narrative. (shrink)
Terrorist violence is often condemned for targeting innocents or non-combatants. There are two objections to this line of argument. First, one may doubt that terrorism is necessarily directed against innocents or non-combatants. However, I will focus on the second objection, according to which there may be exceptions from the prohibition against killing the innocent. In my article I will elaborate whether lethal terrorism against innocents can be justified in a supreme emergency. Starting from a critique of Michael Walzer’s (...) account of supreme emergency, I will argue that the supreme emergency exemption justifies the resort to terrorism against innocents to avert moral disasters such as genocide and ethnic cleansing, provided that the criteria of last resort, proportionality and public declaration are satisfied. (shrink)
It is facile and factually incorrect to represent suicide terrorists as simply seeking mass destruction, as demented or believing that they will be rewarded by "seventy-two virgins in paradise". In my book The Myth of the Closed Mind: Understanding How and Why People are Rational I felt it was important to deal with the issue of terrorism by consulting explanatory theories of human behaviour and the substantial research on the strategic pattern of terrorist incidents over the decades, led principally (...) by Professor Robert Pape of Chicago University. -/- To defeat your enemy, you must first understand him. Strangely, we must first grant that, though morally depraved, terrorists are rational: they concoct and execute detailed plans with definite strategic goals in mind. Only once we have granted the terrorist a rational mind can we, in the end, create peace. My argument is that while religion may have a small role in terrorism, it is principally politics, or the logic of territorial control, that is the key to understanding the threat we face. -/- This extract from my book is principally about Al Qaeda, but a similar analysis applies to ISIS, the current greatest threat to our peace in the west. -/- The strategic goal of Al Qaeda was simply to repulse what they saw as foreign intervention. ISIS has the same goal, but in order to continue its growth as a state in the sense of a monopoly of coercion over a given geographical area. -/- ISIS, a rogue state that arose in ungoverned space created unintentionally by foreign intervention in Iraq, is now lashing out at foreign governments that have severely shrunk the territory ISIS occupies. Before October 2015, ISIS confined its terrorism to the goal of extending its territory in Iraq and Syria, and there were no significant ISIS-led or inspired suicide terrorist attacks outside Iraq and Syria. But now, as their territory collapses, they are attacking the countries that have strangled their control of territory in Iraq and Syria: the coalition of western governments – Britain, Belgium, Canada, France, Morocco, Turkey, Russia, the U.S.A. and others – exactly the countries that have recently seen an explosion of suicide terrorism. (shrink)
Just war scholars are increasingly focusing on the importance of jus post bellum – justice after war – for the legitimacy of military campaigns. Should something akin to jus post bellum standards apply to terrorist campaigns? Assuming that at least some terrorist actors pursue legitimate goals or just causes, do such actors have greater difficulty satisfying the prospect-of-success criterion of Just War Theory than military actors? Further, may the use of the terrorist method as such – state or non-state – (...) jeopardize lasting peace in a way that other violent, for instance military, strategies do not? I will argue that there appears to be little reason to believe that terrorist campaigns are in principle less able to secure or at least contribute to a lasting peace than military campaigns; quite to the contrary. Or, put differently, if terrorism is an unlikely method for securing peace, then war is an even more unlikely one. (shrink)
The range of the aesthetic has expanded to cover not only a wider range of objects and situations of daily life but also to encompass the negative. This includes terrorism, whose aesthetic impact is central to its use as a political tactic. The complex of positive and negative aesthetic values in terrorism are explored, introducing the concept of the sublime as a negative category to illuminate the analysis and the distinctive aesthetic of terrorism.
First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.
Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways (...) in which technology shapes moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)
The adage, “one person’s terrorist is another person’s freedom fighter,” is offered as a plausible example of evoking moral relativism. Moral relativists recognize no transcultural moral facts. So, for them, even the concept of harm would be subjective or context-sensitive. Yet one can appeal to cogent transcultural moral reasons to distinguish between deliberately and unjustifiably harming impeccably innocent people and those who might engage in justifiably harming those guilty of grave crimes. In the face of the preventable evil acts that (...) terrorists frequently perpetrate against impeccably innocent people, it is argued that moral relativists have a substantive burden of proof to demonstrate that no cogent transcultural moral reasons exist against the practice of terrorism. In the absence of such a demonstration, it is reasonable to believe that the practice of terrorism, while not totally defeating moral relativism, seems to undermine its credibility. (shrink)
In my replies to some of my critics I argue that while the practice of terrorism is never justified, I concede that it is rarely but sometimes excused. As result, those who engage in excusable terrorism has a substantial burden of proof. They need to offer a compelling argument to show that the harm caused by their terrorist violence is actually excused by the extenuating circumstances and the goal that they are trying to achieve, so they will not (...) be morally or legally blameworthy for bringing about such harm. I am assuming that they will need to demonstrate that the alleged harm is excusable because it is necessary to accomplish a worthy goal and there is no other reasonable way to obtain such a worthy goal without deliberately harming those who can be reasonably conceived of as impeccably or objectively innocent. That is, those who are innocent beyond reasonable doubt. (shrink)
My concern today is with the last of these questions. But, it is virtually impossible to say anything intelligent about this matter unless some effort is made to delineate the phenomenon under scrutiny. So I will begin by addressing the first question, and this requires that something be said about the semantics and pragmatics of the terms, ‘terrorism’ and ‘terrorist’.
The present study aims to build a thorough understanding and causes of terrorism. It discusses probable psychological and sociological factors for terrorist activities. Paper elaborates the presence of psychopathologies and cultural influences that harbor mindsets of terrorist individuals. It also highlights the relationship between religion and violence and elaborates the impact of media and its role for terrorism. The identification of psycho-social factors linked with terrorism and violence serve as a way to better understand the phenomenon. This (...) is likely to promote peace, harmony, and love in Nigerian societies. (shrink)
Since terrorism has been a predominant news item it has been interchangeably linked with Islam in most cases. Terrorism itself and the processes involved that lead to terrorism is referred to as radicalization. These are complex and do not fit with a standard profile nor group.
Understanding Terrorism in the context of Global Security -/- Author / Authors : Shreyasi Ghosh Page no. 89-106 Discipline : Political Science/Polity/ Democratic studies Script/language : Roman/English Category : Research paper Keywords: Terrorism, Violence, Threat, Global Security, Globalization.
In combating international terrorism, it is important to observe some basic principles, such as that international law must be complied with, care should be taken that one does not proceed in such a way that future terrorists are recruited, and one does not oneself become a terrorist. Unfortunately, the war on terrorism.
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 paradigmatic forms of animal rights and environmental activism have been classed as terrorism both in popular discourse and in law. This paper argues that the labelling of many violent forms of direct action carried out in the name of animal rights or environmentalism as ‘terrorism’ is incorrect. Furthermore, the claim is also made that even those acts which are correctly termed as terrorism are not necessarily wrongful acts. The result of this analysis is to call into (...) question the terms of public debate and the legitimacy of anti-terrorism laws targeting and punishing radical activism. (shrink)
This paper examines the responses to advanced and transformative technologies in military literature, attenuates the conclusions of earlier work suggesting that there is an “ignorance of transhumanism” in the military, and updates the current layout of transhuman concerns in military thought. The military is not ignorant of transhuman issues and implications, though there was evidence for this in the past; militaries and non-state actors (including terrorists) increasingly use disruptive technologies with what we may call transhuman provenance.
On September 11, 2001, Americans were painfully reminded of a truth that for years had been easy to overlook, namely, that terrorism can affect every person in the world – regardless of location, nationality, political conviction, or occupation – and that, in principle, nobody is beyond terrorism’s reach. However, our renewed awareness of the ubiquity of the terrorist threat has been accompanied by wide disagreement and confusion about the moral status of terrorism and how terrorism ought (...) to be confronted. Much of the disagreement and confusion, I contend, is rooted in an inadequate understanding of just what it is that constitutes terrorism. In this paper, I offer the beginnings of a response to the challenge of terrorism by providing an account of what terrorism is and of some of the philosophical issues involved. My account is divided into two sections. In the first section I examine some of the difficulties involved in defining terrorism, and show that some of the most common “ordinary” understandings of terrorism are inadequate. In the second section I offer a working definition of terrorism that overcomes many of the difficulties outlined in the first section. I argue that terrorism consists in the use of “systematically unsystematic” violence (whether directed at combatants or noncombatants), and that the random or indiscriminate character of terroristic violence points us in the direction of seeing what is distinctively wrong with it. The fundamental problem is that terrorism is not committed to any rules of armed conflict or any principles that would facilitate the eventual containment or termination of the conflict. (shrink)
In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...) dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)
James Olson, author of the book Fair Play: The Moral Dilemmas of Spying (p.15), questions “What actions by a state are permissible in pursuing the state’s interests? Are lying, cheating, manipulation, deception, coercion and other techniques of espionage and covert action justifiable in national self-defense?” To expand his thought, to that end, I say, “Can different moral and ethical theories co-exist during war or conflict?” Can we extend our range of options in dealing with terrorism globally in an effort (...) to satisfy our national security objectives using principles outlined in the many moral and ethical theories? In short answer, yes. This paper will address moral and ethical theories that I believe justify the use of a range of options or extended options to combat terrorism to meet our national security objectives without severely corrupting our universal morals or ethics. -/- Strictly speaking from a theory basis, and a common sense approach-with no religious affirmations-I ascribe to a combination of principles of the Just War theory and Moral Absolutism philosophy. It is my belief that we cannot engage terrorists’ Realpolitik and normative ethical relativist frame-of- mind to justify the use of force based on one moral or ethical theory or philosophy. A combination of principles from the Just War theory and Moral Absolutism philosophy can morally and ethically justify engagement in combating terrorism. (shrink)
The thought of Carl Schmitt (1888-1985) helps to place Islamist terrorism within a certain tradition of warfare and political theory. In fact, this form of violence can be clarified by Schmitt’s theoretical endowment, as this brief paper attempts to do. The end of the legal framework of the jus publicum europaeum and the emergence of non-state actors have put into question centuries-old certainties. Schmitt’s theory could help to put order in political concepts today ideologically misused. And his opposition to (...) any universalistic tendencies questions not only Jihadi ideology but also Western anti-terroristic rhetoric, which is equally part of the ongoing global war of annihilation feared by Schmitt during his entire life. (shrink)
This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...) least, the discussion enables us to reach conclusions as to how terrorism research that combines philosophy and international law in particular, and interdisciplinary research into terrorism in general, can be meaningfully implemented. The individual aspects are clarified on the basis of the discussion surrounding justified measures for combating terrorism and the justification of the targeted killing of terrorists. (shrink)
This study investigated Boko Haram and terrorist activities in Nigeria while looking at the ethical implications and responses of the Christians. The study was guided by two objectives which are to; analyse whether the acts of terror carried out by Boko Haram are ethical and examine the responses of the Christians with respect to Boko Haram acts of terror. However, the methods of exposition and critical analysis was used and content analysis was used to analyse data collected. Data was collected (...) from secondary sources like textbooks, journal articles, interviews, institutional materials and internet sources. The study also looked at concept of terrorism and a brief history of Boko Haram. The findings of the study showed that since Boko Haram acts of terrorism is simply a display of violence to terrify the populace and the government, it can be said that their actions and activities which include violence is unacceptable and could be termed wrong taking cognizance of the consequentialist view which opines that the morality of an action depends on its results. The ethics of care which is seen as a context-based approach to preserve relationship, negates Boko Haram acts of terror which apparently has a considerable effect on a number of relationships. The findings further showed that the Christians responded by rejecting to integrate with Muslims and also encouraged Christians to move to areas where there are major Christian settlements while others had to fall back to the natural tendency of self-preservation. (shrink)
In its reaction on the terroristic attacks of September 9th, 2001, the US-government threatened Afghanistan's Taleban with war in order to force them to extradite terrorist leader Bin Laden; the Taleban said that they would not surrender to this kind of blackmail – and so, they were removed from Kabul by means of military force. The rivalling versions of this story depend crucially on notions such as "terrorism" and "blackmail". Obviously you'll gain public support for your preferrend version of (...) the story if you are able to determine how those notions are to be used. So we had better reflect about their very meaning and about the moral implications of their proper usage. To gain a deeper understanding of our notions of "blackmail" and "terrorism" I shall propose an extreme thought experiment: Cassandra's plan. Cassandra foresees that sooner or later one of the nuclear powers might take the liberty to use atomic bombs. From fright she founds an NGO for blackmailing the statesmen who are in charge of nuclear weapons; she announces in public that all ministers and leaders of any government shall be hunted down, and executed, whose soldiers drop but one atomic bomb. (Cassandra's NGO keeps killer teams in constant training so as to increase the effect of the threat; this is being financiated from private donations). In my paper I shall raise two questions (without claiming to provide definite answers). First, would we have to say that Cassandra's NGO was a terrorist organisation? Second, would it be morally wrong if Cassandra blackmailed statesmen in the way indicated? (shrink)
Shortly after the bus and subway bombings in London on July 7, 2005, United Nations Secretary General Kofi Annan called upon world leaders to reach consensus on a definition of terrorism, one that would facilitate 'moral clarity' and underwrite the United Nations convention against terrorism. The Secretary General's plea to world leaders help to highlight the practical significance and urgency of having a workable definition of terrorism. For the task of defining terrorism is not only theoretically (...) or academically important; it is important for far-reaching practical, moral, and political purposes as well. For without at least some semblance of a workable definition of terrorism, it is impossible to identify and collect data on acts of terrorism throughout the world; to understand and address the root causes of terrorism; and to reach international agreement and undertake collective action in addressing terrorism. And yet in spite of practical and moral urgency of the task at hand, consensus on an acceptable definition of terrorism has been notoriously elusive. (shrink)
This is a critical examination of Zizek's concept of ideology in his work on the Sublime of Ideology. His account on this connotes that people are basing only in the conscious state without considering the unconscious "I." This framework in psychology has led Zizek to relate it in the process of economics which is greatly manifested in the contradictory poles of the oppressor and the oppressed and its relationship to the process of commodities. Looking into this orientation, this leaves the (...) author to incorporate the ideological character of Zizek through the lens of Anti-Terrorism Law which is not seen in the naked eye. (shrink)
Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to the (...) civilian population. As a result, when an occupying military force collaterally enables a harm affecting the civilian population, the weight that the harm ought to receive in the ad bellum proportionality calculation is unaffected by the fact that the harm is agentially mediated – it ought to be weighed at least as heavily as those harms that the occupying force collaterally commits directly. As a result, satisfying the ad bellum proportionality constraint in wars of territorial occupation is more difficult than it has been thought. (shrink)
Political realism remains a powerful theoretical framework for thinking about international relations, including the war on terrorism. For Morgenthau and other realists, foreign policy is a matter of national interest defined in terms of power. Some writers view this tenet as weakening, if not severing, realism's link with morality. I take up the contrary view that morality is embedded in realist thought, as well as the possibility of realism being thinly and thickly moralised depending on the moral psychology of (...) the agents. I argue that a prima facie case can be made within a thinly moralised realism for a relatively weak ally like Bosnia to enter the war on terrorism. An inflationary model of morality, however, explains how the moral horror of genocide in an ally's past may lead to a thickened moralised realism such that allied policy-makers question their country's entry into the war. (shrink)
Abstract: The study argues that there are four characteristic features of religious terrorism. Extremely high degree of fanaticism of these terrorists is the first feature. Pan-territorial activity of religious terrorists is the second one. The third feature expresses that religious terrorism activity is caused by the pathological psychological problems of those terrorists. Religious terrorists’ claim to the legitimacy of the violent acts is the fourth feature.
The art of the theatre is a collaborative enterprise. It involves the creative efforts of different artists: director, stage manager, set, lighting, properties, costume, make-up and sound designers. These artists work together for the realization of a theatrical production. They work within a production concept which is the guiding principle upon which a production is based. However, as the theatre is audio-visual and immediate, it is the duty of these artists to ensure that every aspect of the production is perfectly (...) deployed for the audience’s understanding of the play. Of all the artists of the theatre, the scenic designer’s work is the most eloquent visual expressive element in the theatre because he is the artist responsible for interpreting the play/drama in concrete visual terms through the creation of an aesthetically pleasing and functional background. This essay interrogates the use of scenic design in countering terrorism in the Unizik performance of Emma Dandaura’s Venom for Venom. The study finds that through adequate use of the elements and principles of design that the scenic artist was able to counter the spate of terrorism as depicted in the play through his set design. It submits that terror in a theatrical performance can be ameliorated through subtle use of design for the audience’s better understanding of the message of the play. (shrink)
Virginia Held argues that terrorism can be justified in some instances. But unlike standard, consequentialist justifications, hers is deontological. This paper critically examines her argument. It explores how the values of fairness, responsibility, and desert can serve to justify acts of terrorism. In doing so, two interpretations of her account are considered: a responsibility-insensitive and a responsibility-sensitive interpretation. On the first, her argument collapses into a consequentialist justification. On the second, it relies on an implausible conception of responsibility. (...) Either way, her argument fails as a distinctly deontological defense of terrorism. (shrink)
Difficulties that arise for the classification of an extraterritorial armed conflict between states and terrorist groups include identifying the existence of armed conflict and classifying the nature of the armed conflict correctly. Difficulties may also arise in terms of the geographical scope of application of IHL, especially where the conflict between parties is scattered about numerous locations. Generally, a conflict which has on the one side a state party and a non-state party such as a terrorist group, on the other (...) hand, will usually be non-international in nature, even if it expands to include the territory of other states. If the force being used in another state is non-consensual, there will be a need to determine whether such extraterritorial use of force has not also triggered an international armed conflict. -/- Situations may arise in which there exist an affiliate of a group engaging a state across several territories. Under such situations, it may be necessary to determine whether the affiliated group is part of an identifiable party and whether extraterritorial use of force can be extended to those affiliates on the basis that the conflict is a single pre-existing conflict. It is not clear how such situations should be determined. Nevertheless, an armed group seemingly being controlled by another armed group may suffice. -/- IHL as a legal framework is not necessarily concerned with the geographical constraints that may exist in physical. It is primarily concerned with how its rules will apply to situations of armed conflict regardless of the geographical dislocation of the parties to the conflict. -/- On a whole, extraterritorial conflicts present considerable challenges across all relevant areas of IHL. Nevertheless, this study demonstrates that through a concise and careful appraisal of those complexities, they can sufficiently be addressed by the existing legal paradigm. (shrink)
This paper examines the tensions at play in three important documents involved in the ‘war on terror’: the “Application of Treaties” White House Legal Counsel Memo of 2001, the “National Security Strategy” document of 2002, and the 2004 Supreme Court decision Hamdi v. Rumsfeld. Reading these documents, it becomes clear that there is an overarching misunderstanding and confusion of the traditionally separate concepts of ‘criminal’ and ‘enemy’ in the struggle against globalized terrorism.
In this paper, it is argued that terrorism undermines the justification of perspective relativism. The cliché, “one person’s terrorist is another person’s freedom fighter,” is offered as an example of perspective relativism. Perspective relativists argue that moral principles and judgments have no universal moral import. Those who defend the cliché expression presuppose that the evaluation of terrorism is necessarily perspectival. For them, there are no morally objective differences, e.g., between deliberately killing combatants and deliberately killing innocent noncombatants. Yet (...) there are morally objective differences between these two acts. While the first act might be justified, the second act is considered murder. Hence, the evaluation of terrorism is not necessarily perspectival. Therefore, in the face of the evil that terrorists bring about, it is argued that perspective relativists have a substantive burden of proof to show that there are no transcultural moral values. (shrink)
The phenomena of terrorism and other politically motivated violence have been assessed across different disciplines from political science and economics to theology and psychology. Whereas the definitions of the concepts of “terrorism” and “terrorist” are disputed and they rather reflect the perspectives of the defining entity, there is a common consensus that terrorism can be classified in terms of its type (such as state-sponsored, dissent, religious, pathological, narco-, cyber-, and bioterrorism), the scale (i.e. domestic vs. international), motives, (...) and objectives. By the same token, the roots and causes of terrorism can be enumerated as internal sources (such as social, economic, political, and cultural indicators) and external sources (such as colonialism and neocolonialism, regional conflicts and historical enmities, failed/failing states and lawless areas, and the penetration of foreign cultures and lifestyles). Although such grounds can be considered as the collective causes, they can merely address how one becomes a potential appropriate recruit for terrorist organizations. Hence, identifying the causes of terrorism is of paramount significance in order to both combat and most importantly prevent terrorism. Given that the first generation of psychological approaches to terrorist violence, chiefly drawing from psychoanalytic theory, has basically run its course, this study takes a systematic approach to evaluate the root causes of terrorism, particularly from social and behavioral perspectives, and attempts to address some key questions such as the progress of and reasons for individuals supporting, joining and leaving terrorist organizations, the relevance of psychopathology to comprehending and preventing terrorism, and the roles of ideology, identity, and belonging in terrorist behavior. (shrink)
What is the appropriate legal response to terrorist threats? This question is discussed by politician Tony McWalter, The Philosophers' Magazine editor Julian Baggini, and philosophers Catherine Audard, Saladin Meckled-Garcia, and Alex Voorhoeve.
The 20th century was a bloody one, full of armed clashes which destroyed Europe, withered an entire generation’s hope of European-level peace. After the Versailles Treaty, the famous economist John Maynard Keynes uttered this prophecy: ”With such a peace treaty, you’ll be at war again within 20 years”. John Maxwell Coetzee, an important South-African novelist, called the 20th century “Satan’s century”. A tough statement yet extremely true unfortunately. Besides war, the past one hundred years also witnessed terrible totalitarian regimes occur, (...) such as the Nazi and fascism. The hardness of those regimes at least equaled the suffering caused by the world wars. One wouldn’t be wrong to call such regimes state terrorism: a leader suppressing his own citizens just to satisfy his own fantasy. The hugeness of their deeds goes beyond human imagination according to the number of victims. A classical word of wisdom describes terrorism as follows: ”It kills a few, but terrifies more”. (shrink)
In the present interview, Jacob Rogozinski elucidates the main concepts and theses he developed in his latest book dedicated to the issue of modern jihadism. On this occasion, he explains his disagreements with other philosophical (Badiou, Baudrillard, Žižek) and anthropological (Girard) accounts of Islamic terrorism. Rogozinski also explains that although jihadism betrays Islam, it nonetheless has everything to do with Islam. Eventually, he describes his own philosophical journey which led him from a phenomenological study of the ego and the (...) flesh to the study of past (witch-hunts, French Reign of Terror) and contemporary (jihadism) terror apparatuses. (shrink)
American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long (...) history of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)
The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist activity is (...) somehow distinguished and gives special privileges to a state that fights it. The practical implication of my analysis is that one of the most spectacular targeted killings, which was the targeting and killing of Osama bin Laden in May 2011, was not justified, because it was only supposed to be a retribution for the September 11th terrorist attacks. (shrink)
After the 9/11 attacks the U.S. administration went beyond emergency response towards imperialism, but cloaked its agenda in the rhetoric of fighting ‘terrorists’ and ‘terrorism.’ After distinguishing between emergency thinking and emergency planning, I question the administration’s “war on terrorism” rhetoric in three stages. First, upon examining the post-9/11 antiterrorism discourse I find that it splits into two agendas: domestic, protect our infrastructure; and foreign, select military targets. Second, I review approaches to emergency planning already in place. Third, (...) after reviewing what philosophers have said about emergencies, I recommend they turn their attention to the biases inherent in and misleading uses of antiterrorist terminology. (shrink)
Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive side (...) to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)
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