Digital Commons Network^™

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Michael Greenberger

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

Military Might And Political, Economic, And Social Institutions: A Global Time Series Empirical Test Of Terrorism, Jibey Asthappan

Criminal Justice Faculty Publications

"This study, in an effort to uncover root reasons for terrorism, will delve into the issue of terrorism by testing if economic, social, and political factors have an effect on terrorism. It is the intention of this study to suggest policies that address the source of terrorist motivations rather than the symptoms. Using data from RAND and the World Bank that spans 12 years⁸, the researcher uses a negative binomial time series analysis to answer several hypotheses probing the relationship of political, social, and economic institutions’ effect on terrorist incidents. Establishing that terrorism is a rational behavior is …

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Congressional Testimony

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

Community Policing Within A Counter-Terrorism Context: The Role Of Trust When Working With Muslim Communities To Prevent Terror Crime, Basia Spalek

basia spalek

Recently, community-based models of policing have gained increasing prominence within the context of counter-terrorism, an area that has traditionally been dominated by ‘hard’, top-down models of policing. The following article draws upon a research study that examined community policing within a counter-terrorism context within the UK in order to help shed light upon how police officers might work with communities in order to prevent terror crime. The article focuses in particular upon the notion of trust within a counter-terrorism context and reflects upon the importance of cultural intelligence for policing within a counter-terror context, a context marked by suspicion, distrust …

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.

Norm Internalization Through Trials For Violations Of International Law: Four Conditions For Success And Their Application To Trials Of Detainees At Guantanamo Bay, Vijay M. Padmanabhan

Vijay M Padmanabhan

Norm internalization is an objective for trials for violations of international law, which seeks to use the trial to demonstrate to a target audience, usually the community of the defendant, the costs of violating international law, and the stigma of being a violator. The purpose of this exercise is to internalize in that audience a respect for international law and for the norm in question that drives the audience not to repeat the violation in the future. Some scholars have argued that this purpose should be the primary purpose behind international criminal trials. Others have argued that it should, at …

Patterns Of Differential Involvement In Terrorist Activities: Evidence From Dhkp/C And Turkish Hezbollah, Ismail Yilmaz

Theses and Dissertations

This study examines the patterns of involvement in terrorist activities for the Revolutionary People’s Liberation Party/Front (DHKP/C) and Turkish Hezbollah members. The study is based on the assumption that terrorists differ in terms of their involvement in terrorist activities. In this sense, there are full-time and part-time terrorists. Full-time terrorists act professionally and do the assignments given by their commanders. Part-time terrorists, on the other hand, act on a non-professional basis and have their own motivations to participate in terrorist activities. For part-timers, there are various factors that may have an effect on their degree of involvement in terrorist activities. …

Combating A Religious Radical Ideology V. Suppressing Islamic Opposition: Jordan’S Approach To Counterterrorism, Abeer Ghazi Jarrar

Cornell Law School Inter-University Graduate Student Conference Papers

In the aftermath of 9/11, criminal law reform in Jordan was part of the worldwide expansion of criminal laws facilitated by UNSC Resolution 1373 that was enacted under mandatory Chapter VII of the UN Charter. The introduced criminal law amendments were largely offered as a symbolic response to 9/11; it was built on the assumption of inadequacy of criminal law without fully understanding the dimensions of deterrence. Probably with the exception of the new laws against the financing of terrorism, the state had a whole range of extraordinary measures available if not morally, then practically, to counter terrorism.

Jordan’s experience …

An Exploratory Analysis Of The Psychological Dimensions Of Airline Security And Correlates Of Perceived Terrorism Threats: A Study Of Active American Airlines Pilots., Paul Martin Borowsky

Electronic Theses and Dissertations

The September 11, 2001, terrorist attack resulted in a myriad of new policies designed to enhance aviation security. These policies ostensibly considered the origins of the exact threat facing the United States. Missing, however, were the inputs from rank and file pilots of the airlines that policy makers were attempting to protect. This exploratory study distributed a 50-question survey designed to measure pilot perceptions of security risk and threats. Univariate descriptives were used to examine the extent to which sample data approximated the population of interest. Factor and reliability analysis were used to document the multidimensionality of the constructs and …

Peace Is Not The Absence Of Conflict, But The Presence Of Justice, Reid C. Pixler

Northern Illinois University Law Review

An issue seldom, if ever, addressed regarding the conflict in Iraq is the role of the Iraqi criminal justice system in addressing acts of terrorism. The figures of "detainees" or "enemy combatants" held by the United States have been widely published, but little comment has been made regarding the challenges facing a small judicial system attempting to function in a war zone. Most of the judges assigned to the major crimes courts live in the same community where the court is located and have modest, if any, special security for their families. This short account details the conflict between the …

The Perilous Dialogue, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in America differs from what it means in …

The Case Against National Security Courts, Stephen I. Vladeck

Stephen I. Vladeck

Since September 11, calls for a hybrid national security court to handle special terrorism cases have taken on a new-found prominence, as courts and policymakers alike have struggled with the complex series of legal and logistical problems posed by the U.S. government's detention of enemy combatants, especially the hundreds of non-citizens so detained at Guantanamo Bay, Cuba. National security courts are, for many, an increasingly attractive compromise solution to the seemingly irreconcilable division between those who believe that terrorism suspects are not entitled to the traditional criminal process and those who believe not only that they are, but that any …

Understanding Terrorism Through The Use Of Gis, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adhers to the use of the quad chart template to provide a succinct description only of the current research project undertaken by the participants. It provides for the following information

1. Participants and Affiliations
2. Overall Project Goals
3. Illustrative picture
4. Specific research/artistic/pedagogig foci

The Long War, The Federal Courts, And The Necessity / Legality Paradox, Stephen I. Vladeck

Book Reviews

This paper is a solicited review of Ben Wittes's book "Law and the Long War: The Future of Justice in the Age of Terror," which rightly suggests that there would be far less legal uncertainty today vis-a-vis the conduct of the war on terrorism had the Bush Administration sought - and had Congress provided - framework legislation governing issues ranging from the detention of "enemy combatants" to surveillance and even interrogation.

Nevertheless, the review takes issue with Wittes's critique of the role of the courts thus far, especially his contention that the Supreme Court's decisions to date may be seen …

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.

Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs

GW Law Faculty Publications & Other Works

In 2009, the Journal of the National Security Forum Board of Editors posed ten questions on national security to a group of national-security law experts. Contributors were free to answer as many of the ten questions as they wished. All responses were published in a special issue of the William Mitchell Law Review. I answered the following three questions: 3. What are the lessons from detaining non-U.S. citizens, labeled enemy combatants, at Gitmo? 4. What is left for the Supreme Court to decide after the Boumediene decision? 10. What is the most important issue for American national security?

The SSRN …

A Presumption Of Guilt: The Unlawful Enemy Combatant And The U.S. War On Terror, Leila Nadya Sadat

Denver Journal of International Law & Policy

No abstract provided.

Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz

William Mitchell Law Review

No abstract provided.

The Precarious Situation Of Human Rights In The United States In Normal Times And After September 11, 2001 (La Situación Precaria De Los Derechos Humanos En Estados Unidos En Tiempos Normales Y Después Del 11 De Septiembre De 2001) (Spanish), Stephen C. Thaman

All Faculty Scholarship

The paper criticizes the impact of U. S. American criminal law and procedure on the human rights of U. S. citizens in normal times and the changes that have occurred since the terrorist attacks of September 11, 2001. It deals with racial profiling, the death penalty, Draconian prison sentences in normal times, and the use of unlimited detention, torture and expanded powers of wiretapping and evidence gathering since the attacks of 9-11.

Note: downloadable document is in Spanish

Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.

Guantanamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman

Case Western Reserve Journal of International Law

No abstract provided.

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Faculty Journal Articles and Book Chapters

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Articles

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …