Digital Commons Network^™

Histoire Croisée As An Approach To Migrant Writing, Gijsbert Pols

CALL: Irish Journal for Culture, Arts, Literature and Language

Although commonly understood as a monolithic entity, scholars have successfully approached the idea of cultural identity in terms of relationship, reference and binary opposition during the last two decades. This approach has consequences for the study of migrant literature. It seems the widely shared idea of ‘cultural transfer’, which implies a linear movement between mutually independent cultural spaces, is obsolete. This article instead proposes the concept of the histoire croisée, developed by Werner and Zimmermann, as a more fruitful model. Following Werner and Zimmermann’s suggestion that any migrant situation can be seen as culturally ‘crossed’, the article discusses two Dutch …

If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. Digregoria

Brooklyn Law Review

Prior to the Supreme Court's recent general personal jurisdiction decisions in Daimler AG v. Bauman and Goodyear Dunlop Tires Operations S.A. v. Brown American terror victims, injured in terror attacks abroad, were able to bring their attackers and those who sponsor them into United States courts for relief. Specifically, groups like the Palestine Liberation Organization (the PLO) and the Palestinian Authority (the PA) had a history of being sued by American victims of terror. In the course of these suits, the PLO and the PA were regularly found subject to the personal jurisdiction of U.S. courts under a theory of …

Jerusalem: A Family Portrait, Carlie Smith

Children's Book and Media Review

The Halaby family is as dysfunctional as the city they live in -- 1940s Jerusalem. Each brother fights in his own way against colonizers: Mozzi, the youngest, rebels against his European teachers; Ezra joins a radical Jewish nationalist group; David fights in World War II; and Avraham becomes a communist. When the UN approves two-states in Palestine, the tensions between Arabs, Jews, Europeans, radicals, and moderates explode. The family is divided along these factions as well, and Ezra and Avraham become enemies. Simmering beneath the political tension is family strife: David goes missing but his unborn child and wife come …

The Application Of A Master Frame: Tracing The War On Terror In The Irish Times 2001-8, Morgan Stack

Irish Communication Review

THE ‘WAR ON TERROR’ has surely been one of the most analysed phenomenona in political communication during the first decades of the 21st century. That this might be so is perhaps unsurprising given its prominence and its impact on domestic and international politics during this period. It has increasingly been regarded as the new ordering principle of international relations (Archetti, 2004).The phenomenon has been identified as a ‘master frame’ akin to the ‘cold war’ (Hackett, 2001; Kuypers, Cooper and Althouse, 2008) which dominated political discourse in the latter half of the 20th century. Snow and Benford (1992) originally used the …

Boko Haram Terrorism In The Lake Chad Basin Region: Implications For Subregional Security, Abiodun Joseph Oluwadare Ph.D.

Journal of International and Global Studies

Terrorist activities in the Lake Chad Basin region of Nigeria, Niger, Chad and Cameroon, have impacted negatively on the security, socio-political and economic situations in the region. This paper investigates the evolution of insurgency and the factors leading to its growth in the region. It also examines its socio-political, economic and security implications. Nigeria, in the centre of the imbroglio, has had no respite from terrorist activities for a long time. Boko Haram has carried out many gun attacks and bombings in many strategic places, including the United Nations building in Abuja, the federal capital city. There have been similar …

Addressing Socio-Economic Challenges To Curb Youth Participation In Terrorism In Africa, Tendaishe Tlou

Young African Leaders Journal of Development

The scourge of terrorism has become an international crisis after the 9/11 attacks in America. Terrorism has deeply encroached its claws in Africa on the premise of socio-economic challenges along the clash of civilizations. In countries such as Nigeria, Somalia, Central African Republic, Kenya and the Maghreb region, terrorism is a threat to peace and security, compounded by spiraling youth unemployment rates, the youth bulge, porous borders, poverty, arms proliferation, weak governments, economic problems among other challenges. It is yet to be seen how Africans will unite to deal with this threat to security on the continent given the above …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

In Defense Of The Nigerian Homeland, Ihekwoaba D. Onwudiwe, Lucy Tsado, Kingsley U. Ejiogu, Rochelle E. Mcgee-Cobbs, Ifeoma Okoye

African Social Science Review

Recently, Nigeria has experienced various acts of domestic terrorism and kidnapping that may be rooted in many forms of motivations and agitations. These aggressions have resulted in homegrown bloodshed, émigré aggression, or even organized international network assaults against the population. The scourge of these terrorist activities has continued to weaken the Nigerian character or moral fiber. While the government is trying to combat these offenses caused by extremist activities, there are still remedies that have not been implemented prudently or applied properly. In this article, we propose various forms of the repertoire of actions which the government can use to …

Book Review: A Treatise On International Criminal Law. 2 Vols. Edited By Cherif Bassioni And Ved P. Nanda. Springfield, Illinois: Charles C. Thomas, Publisher, 1973., Samuel M. Davis

Georgia Journal of International & Comparative Law

No abstract provided.

Funding Terrorism: The Problem Of Ransom Payments, Yvonne M. Dutton

San Diego Law Review

This Article draws on the literature about norm influence to suggest an answer: adopting these measures has the potential to impact behavior in a meaningful and constructive way in the future. A norm refers to the appropriate or desired behavior within a community as to a particular issue. A new norm spreads with the help of agents, typically referred to as norm entrepreneurs, who use persuasion to convince a critical mass of actors in the international community to adopt the preferred behavior. In other words, over time, norms can become so pervasive that they change behavior.

In fact, this Article …

The Spectre Of Terrorism And Nigeria’S Industrial Development: A Multi-Stakeholder Imperative, David Imhonopi, Ugochukwu Moses Urim

African Journal of Criminology and Justice Studies

Since 2009, Nigeria has gradually slipped into a terrorist enclave where terror acts have become the regular signature of the country’s social memoirs. Aside the complex permutations of socio-economic and political upheavals already facing the polity, the sudden emergence of a supercilious army of terror extremists has not only exposed the polity’s unpreparedness for such an intimidating challenge, but has also brought a spectral bite to industrial development. Efforts to achieve development in industry in the country, a strong criterion for economic development and the improvement of the country’s Human Development Indices may continue to suffer setbacks in the face …

Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg

International Law Studies

This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.

Facebook V. Jefferson: How Our Emerging, Networked Society Undermines Ideas Of Security And Privacy, Roy Wyman

South Carolina Law Review

No abstract provided.

Carrots And Sticks In Cyberspace: Addressing Key Issues In The Cybersecurity Information Sharing Act Of 2015, Jamil N. Jaffar

South Carolina Law Review

No abstract provided.

Ethno Nationalist Terror, Dan Loris

ESSAI

No abstract provided.

Obama's National Security Exceptionalism, Sudha Setty

Chicago-Kent Law Review

The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …

Biopolitical Education: The Edukators And The Politics Of The Immanent Outside, Roland Vegso, Marco Abel

Studies in 20th & 21st Century Literature

The article examines the relationship of biopower and cinema through the analysis of a specific film, Hans Weingartner’s The Edukators (2004). It argues that in the age of biopower, resistance to power cannot be conceived of in terms of a radical outside to power. Rather, biopolitical resistance must take place on the terrain of this power itself, that is, within the field of life. Therefore, what we call the “viral” politics of The Edukators must be interpreted precisely in this context. The film argues that the exhaustion of political paradigms inherited from the past century forces us to take the …

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

Unpopular But Effective? The Drone Strike Dilemma, Jake Berlin

Sigma: Journal of Political and International Studies

In the mountainous region of northwestern Pakistan known as Waziristan, local tribesmen have grown accustomed to living in a state of constant vigilance. Death from above can come at virtually any time in the form of laser-guided missile strikes launched by U.S. predator and reaper drones. The drones are controlled remotely by pilots thousands of miles away at bases in the U.S. and can hover for hours before delivering their deadly payload. Advanced cameras allow drone operators to see their targets from distances that are impossible for the targets to see them, and the missiles launched by drones exhibit astounding …

The Sixth Pillar Of Anti-Money Laundering Compliance: Balancing Effective Enforcement With Financial Privacy, Maria A. De Dios

Brooklyn Journal of Corporate, Financial & Commercial Law

The U.S. government has responded to the increase of financial crimes, including money laundering and terrorist financing, by requiring that financial institutions implement anti-money laundering compliance programs within their institutions. Most recently, the Financial Crimes Enforcement Network exercised its regulatory powers, as authorized by the Treasury Department, by proposing regulations that now explicitly add customer due diligence to the preexisting anti-money laundering regime. The policy behind the government’s legislative and regulatory measures is clear—financial institutions must ensure that they are protected from and not aiding in the illegal efforts of criminals. The complexity and insidiousness of these financial crimes makes …

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy

Michigan Journal of International Law

Part I of this Note will analyze the current framework governing hostage situations to determine the permissibility of ransom payments under international law. Part II will examine the two dominant positions that have developed among states and identify the justifications and shortcomings of each. Part III will conclude, firstly, that for states to develop a multilateral approach to hostage situations, they must take the lead within their respective domestic spheres and, secondly, that the option to negotiate for ransomed release should be preserved as an essential tool for confronting terrorist organizations.