Digital Commons Network^™

Selected Terroristic Claims Arising From The Arab-Israeli Context, Jordan J. Paust

Akron Law Review

This paper addresses itself to a subject of great importance and complexity-terrorism in the Mid-East conflict. Recognizing the vastness of this complex subject matter, this presentation focuses upon and confines its scope to the content of relevant international law and the efforts by some of the participants in the Mid-East struggle to justify conduct or to seek approval of conduct through changes in the law. It should be understood that the attempt herein is to consider law as it is and law as it might develop-not to debate the propriety or impropriety of the Israeli or Arab cause or of …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

Methodological Options For International Legal Control Of Terrorism, M. Cherif Bassiouni

Akron Law Review

THE TITLE OF MY PRESENTATION differs from the general title of this Conference which misleadingly links terrorism and the Middle East. Unintended inferences will inevitably be drawn from that title. This can only be deplored in light of the serious efforts of those concerned scholars who are seeking rational solutions to the complex problem of "terror-violence."

Social and behaviorial scientists will in time tell us more about the conditions, reasons, causes and motivations leading to "terror-violence." With such knowledge jurists will be better equipped to develop the type of legal controls most likely to reduce the impact of violent strategies. …

A Skeptical Look At The Concept Of Terrorism, R. R. Baxter

Akron Law Review

International Law is that body of law which creates rights for me and duties for you. I fight wars of self-defence. You fight imperialistic wars of aggression. I am a patriotic soldier. You are a war criminal. I am a freedom fighter. You are a terrorist. It is in language of this character that we carry on rational discourse in these days. These are the conventional epithets of the contemporary epic.

We have cause to regret that a legal concept of "terrorism" was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no …

Symposium: Terrorism In The Middle East, Hamilton Desaussure

Akron Law Review

TERRORISM, LIKE THE RECENT tornados which struck in the Midwest, can come upon the unwary with lightning swiftness, strike in unexpected places, leave in their trail devastation, death, and helpless victims, and generate in relatives, friends, and a concerned public a sense of frustration and futility. Frustration in the sense that there was so little forewarning of the dramatic events that are to leave the lives of certain individuals forever changed. Futility that so little seems to be accomplished to prevent such destructive forces from again unfolding. The tornado that struck Xenia, Ohio, on April 3, 1974, took more than …

Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon

Touro Law Review

No abstract provided.

Protocol I: Moving Humanitarian Law Backwards, Douglas J. Feith

Akron Law Review

Colonel Carnahan of the Office of the Joint Chiefs of Staff has reviewed some of the practical military problems with Protocol I. I would like to spend a little time on what might be called the philosophical - or broader political - problems. In particular, I would like to discuss the diplomatic conference that produced the protocol and how it demonstrated the links among law, politics, and terrorism.

When you get 126 countries together, as occurred at the diplomatic conference, there is a lot of politics. That is to say, Protocol I is not simply a legal matter than can …

Back To The Congressional Drawing Board: Inapplicability Of The Aumf To Al-Shabaab And Other New Faces Of Terrorism, Pierce Rand

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Terrorism And Global Domestic Insurgency Nexus: A Case Of Boko Haram Insurgency In Nigeria, Augustine N. Eneanya

Journal of Public Management & Social Policy

The paper examines the link between Non-state armed Islamist groups’ terrorism and global domestic insurgency, using Nigeria as a case study. It adopts a combination of deprivation – frustration – aggression theory, social learning and social identity theories as its framework of analysis. The primary focus of inquiry is on secondary data, purposively sampled from books, journals articles, and reports of periodicals, internet and existing statistics. Qualitative research and secondary data analysis method were adopted. Using discourse, descriptive and explanatory techniques, the paper attempts to establish the relationship between Non-state armed Islamist groups’ support and Boko Haram insurgency in Nigeria. …

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.

Fixing The Failed: An Investigation Of Terrorist Organizations And State Building Capabilities, Joshua Adam Freeman

Master's Theses

This study examines the role of terrorist organizations in failed states. In particular, their ability to perform positive state-building activities that result in stability is investigated. Both terrorism and state failure present unique and serious threats to international security. However, there is very little literature concerning the positive effect terrorist organizations can have in failed states. Presented is not only an investigation of the linkages between state failure and terrorism, but also a new classification of terrorist organizations based upon their ability to state-build in failed states. These organizations are classified by their ability to provide goods and services within …

High-Casualty Terrorism: Explanations & Understandings, James Brandon Frye

Student Theses and Dissertations

This thesis examines the occurrence of high-casualty terrorism in order to determine whether specific factors of an individual country make it more or less likely to experience this particular form of political violence. Using data derived from the Integrated Network for Societal Conflict Research and the Center for Systemic Peace's compilation list of high-casualty terrorist bombings (HCTB) between the years of 1990 and 2013, several hypotheses are tested. Investigating the roles of the operationalized variables through both a Poisson and negative binomial regression allows for a greater understanding of why events of this manner take place. Through these analyses, state …

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.

Kittens And Nutella: Why Women Join Isis, Samantha K. Smith

What All Americans Should Know About Women in the Muslim World

On February 18, 2015 CNN published a reported stating that Western women were leaving their homes to join ISIS because of a social media campaign featuring pictures of kittens and Nutella. This reported propagated the notion that women who join jihadist organizations are brainwashed or feeble minded. The reality is not so simple. This paper explores the motives women may have for joining ISIS through comparison to the motivations that drove women to partake in other violent jihadist organizations' activities.

The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker

Michigan Journal of International Law

Consider this sentence: “The Shining Path is a heroic organization.” Over the past thirty years, the Shining Path has waged a violent guerilla war against the Peruvian government, prompting the European Union to designate the group as a terrorist organization. In certain European countries, speech inciting or glorifying terrorist organizations is criminalized. As a result, citizens risk prosecution if they do not carefully limit what they say about the Shining Path, or other terrorist organizations. But where does free speech end and incitement to terrorism begin? The debate over free speech and incitement to terrorism is actively being played out …

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …

Contemporary Practice Of The Untied States Relating To International Law, April 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran Nuclear Framework Agreement Reached; Congress Seeks to Influence Negotiation • United States Lifts Some Cuba Restrictions and Explores the Possibility of Normalizing Relations • United States Responds to Alleged North Korean Cyber Attack on Sony Pictures Entertainment • Senate Select Committee on Intelligence Releases Executive Summary of Its Study of CIA’s Detention and Interrogation Program • President Obama Seeks Statutory Authorization for the Use of Military Force Against ISIL

Legitimate Illegitimacy: Measuring Terrorists' Legitimacy During And After Negotiations, Brenna L. Bridwell

Doctoral Dissertations

Policymakers often refuse negotiations with terrorist groups for fear that those groups will become legitimized in the eyes of the population, and that the state will become the victim of future attacks as other groups attempt to emulate the negotiating group. While scholars have analyzed whether or not negotiations are effective in ending terrorist groups, scholarship is lacking as to whether or not policymakers’ fears regarding legitimization are accurate. In this vein, I analyze the IRA/UK negotiations during the Good Friday Accords using tobit regressions and Critical Discourse Analysis to determine whether the IRA gained political legitimacy via their portrayal …

Defeating Isis: The Need For A Cooperative Effort, Sabrina Chikhi

Journal of Interdisciplinary Conflict Science

The purpose of this paper is to highlight the importance of a collective approach in the fight against the Islamic State of Iraq and Syria also known as ISIS. The approach of the international community had been doomed to failure because it excluded key players in the region. In order to annihilate this terrorist group and the threat it poses to international security, this article proposes a revision of the approach to the resolution of this problem through the inclusion of all the parties susceptible to secure an efficient contribution to that endeavor before the situation becomes irremediable. In order …

All Bark And No Bite? Rhetoric And Reality In The War On Terror, Roslyn Fuller

Indonesian Journal of International and Comparative Law

This paper argues that not only has the “war on terror” failed to hinder terrorism, it has also unequivocally failed to have any appreciable impact on the content of international law. The doctrine of the “war on terror” initially combined aspects of human rights and humanitarian legal regimes together with a much broadened definition of the term “conflict” and those who could be viewed as legitimate targets in a conflict. However, this new framework, put forward mainly by the United States failed to gain traction among other States, and even among US agencies. Thirteen years after the War on Terror …

The Global Dystopian: Twenty-First Century Globalization, Terrorism, And Urban Destruction, Ryan Frank Peters

Dissertations

The new millennium has witnessed a staggering outpouring of literature, film and art which depict dystopian and post-apocalyptic societies. These stories have come in the form of massively popular films like the Matrix and Hunger Games trilogies; Emmy-winning television adaptations such as The Walking Dead; and Pulitzer Prize-winning novels like Cormac McCarthy’s The Road, or Kazuo Ishiguro’s Booker Prize-nominated Never Let Me Go. In the last five years, a wave of critically-lauded video games – The Last of Us, Bioshock Infinite, and Dishonored come immediately to mind—have depicted dystopian worlds while reaching mass audiences. Combined, The Last of Us and …

Rural Healthcare Worker's Willingness To Report To Work During Catastrophic Events, Aaron M. Macdonald

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

In the events leading up to, during, and following a catastrophic event, healthcare workers play a critical role in the outcome of these events. Therefore it is of the utmost importance that healthcare workers are able and willing to report to work. Prior to September, 2001 there had been three willingness to report studies published in the literature. Post September, 2001 and up until 2011 there was a renewed interest in the topic which led to the publishing of twenty plus papers on the topic. The current literature has examined willingness to report thoroughly and definitively; however, there is a …

Port Security: The Terrorist Naval Mine/Underwater Improvised Explosive Device Threat, Peter Von Bleichert

Walden Dissertations and Doctoral Studies

Terrorist naval mines/underwater improvised explosive devices (M/UWIEDs) are a threat to U.S. maritime ports, and could cause economic damage, panic, and mass casualties. The purpose of this case study was to examine this threat and propose reforms that improve port security management. The study aligned with the mission area analysis objective of identifying and assessing potential terrorist threats in order to preempt and prevent attacks. Von Bertalanffy's general systems theory was the framework for research questions, which focused on improvements in port security management to mitigate the threat of terrorist M/UWIEDs. Data collection included a document content analysis of open …

Is The Internet The Main Medium Of Transmitting Terrorism?, Hatem El Zein

Australian Information Warfare and Security Conference

The influx of virtual media platforms has allowed extremists and terrorists to transmit their messages to wider audiences without passing through a gatekeeper or being a subject to editorial policies existed in traditional media outlets. Thus, extremists and terrorists exploit virtual media platforms to report their actions; propagate their ideologies and ultimately to boost their objectives, because these mediums enabled them to have control over time and space. As a result, some governments work to deprive extremists and terrorists from this 'oxygen' through monitoring the cyberspace to block the suspected virtual media platforms. The reactions of some governments to face …

Jihad In The Global Village: Al-Qaeda's Digital Radicalization And Recruitment Campaign, Katie Cannata

Calvert Undergraduate Research Awards

Following America’s “War on Terror,” al-Qaeda and its affiliates became highly decentralized in terms of organizational and media operations. Though mass media outlets continue to play a significant role in drawing attention to al-Qaeda’s transnational campaign, Salafi Jihadists have recently begun to rely on new media for purposes of legitimization and promotion. The Internet serves as a suitable platform for these groups’ media objectives since it is inherently anonymous and absent of censorship. Most importantly, the Internet facilitates al-Qaeda in reaching a global audience, which is made evident by the growing amount of Salafi Jihadist media that is translated or …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

The United States, In Comparative Counter-Terrorism, Sudha Setty

Faculty Scholarship

The United States, like all other democratic nations that have suffered terrorist attacks, continues to struggle with questions of how to keep its population safe while maintaining the principles of democracy and the rule of law. This Book Chapter discusses the United States' counterterrorism policies, particularly since the September 11 terrorist attacks, and the resulting changes in societal viewpoints, political agendas, and the legal authority to combat terrorism and threats of terrorism.

The government’s aggressive counterterrorism stance has influenced actions and policies outside the United States. The Author’s exploration of counterterrorism policies in the United States include: criminal law and …