Digital Commons Network^™

Global Reach: Terrorists And The Internet, Simon O'Rourke

Australian Information Warfare and Security Conference

The use of the Internet by terrorists appears to diverge into two distinct modes neither of which is mutually exclusive. The first aligns to the view that terrorists will use the Internet as a platform to launch cyber attacks against critical infrastructure nodes as well as key government and private sector networks. This paper discusses the alternate mode that being the primary use of the Internet by terrorists will be to recruit, train, communicate and gain information about potential targets by conducting virtual reconnaissance. It will examine the nexus between the virtual world and the physical threat that is manifested …

Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.

University of Miami International and Comparative Law Review

No abstract provided.

The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs

ExpressO

This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.

Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts

Faculty Publications

Natural disasters and terrorism events of a massive scale are "difficult risks." They are difficult (or, if large enough, impossible) to insure, and they present enormous risk-management challenges. Indeed, we are now in an era when difficult risks are the dominant feature of the risk-management landscape. These kinds of risks are inevitably multi-jurisdictional in nature, and managing them effectively requires a cohesive, comprehensive national catastrophe policy involving ex ante prevention and mitigation measures, effective risk allocation through insurance mechanisms, and ex post victim-compensation strategies. Although our nation is not yet close to establishing a much-needed and increasingly discussed national catastrophe …

Waging War Against Terror: An Essay For Sandy Levinson, Philip Bobbitt

Georgia Law Review

Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states-including virtual states like al Qaeda's global ummah 2-whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states wished to press …

Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore

Denver Journal of International Law & Policy

No abstract provided.

Terrorism In The Age Of Just War Thinking, Angela Thurmond

LSU Master's Theses

A disagreement over two questions contributes to further disagreement about the war on terrorism. First, what is terrorism? If terrorism is a term to intensify negative connotations of any activity, then all unjust acts are terrorism potentially. I argue that terrorism is a specific act; it is the use, or threat of use, of premeditated violence against noncombatants, intended to coerce a group into some course of action. Second, is the war on terrorism just? Because terrorism is not a pejorative, we must evaluate terrorism to determine if response to terrorism is response to an unjust aggressor. Using Michael Walzer’s …

The Campaign To Restrict The Right To Respond To Terrorist Attacks In Self-Defense Under Article 51 Of The U.N. Charter And What The United States Can Do About It, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Article 51 of the United Nations Charter preserves the right of nations to use military force in self-defense. This broad language would appear to allow nations to use military force in self-defense in response to "armed attacks" by terrorists. But a significant problem has developed over the past twenty years. In a series of resolutions and judicial decisions, organs of the United Nations have attempted to read into Article 51 four very significant and dangerous limitations on the use of military force in self-defense. These limitations find no support in the language of Article 51, they do not accord with …

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

Poverty, Inequality & Terrorism Relationship In Turkey, Mutlu Koseli

Theses and Dissertations

Poverty, Inequality & Terrorism Relationship in TurkeyUsing empirical evidence criminological studies have identified a relationship between poverty and crime and many studies have concluded that a high crime rate is associated with a higher poverty rate. Other studies indicate that inequalities are a better determinant of crime than absolute poverty. Social disorganization theory, anomie strain theory and Marxist theory have been used to explain the phenomenon. Guided by the aforementioned theories and previous literature on crime, this study looks at the terrorism issue and explores whether a relationship exists between poverty, inequality and terrorist incidents. The main hypothesis of this …

Impact Of Terrorism On Migration Patterns In Turkey, Yilmaz Simsek

Theses and Dissertations

This study is among the first studies that evaluate the social impacts of terrorism in a specific country for a 10 year period. It tests the effects of terrorism on domestic net-migration in Turkey, especially in the terror infected provinces of the Eastern and South Eastern regions of the country between the years 1992 and 2001. Terrorism has impacted people not only physically, but also psychologically. When faced with "future uncertainty" or the "fear of terrorism," it is natural for people to leave their home towns, and to migrate to somewhere else where they feel safe. In order to explore …

Waging War Against Terror: An Essay For Sandy Levinson, Philip Chase Bobbitt

Faculty Scholarship

Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states – including virtual states like al Qaeda's global ummah – whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states …

Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl

ExpressO

This research paper suggests that the cart has been placed before the horse, that democratization and open markets in the Middle East are more likely the result of effective development than the catalyst for it. The war on terror has been justified by the United States as an effective means of reducing the possibility of terrorist attacks. This paper analyzes the validity of those justifications by reviewing the linkage between democracy and economic growth and that between democracy and peace.

The paper begins by hypothesizing that the war on terror and forced democratization of the Middle East are leading to …

Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …

Fourth-Generation War And Other Myths, Antulio J. Echevarria Dr.

Books, Monographs & Collaborative Studies

Fourth Generation War (4GW) emerged in the late 1980s, but has become popular due to recent twists in the war in Iraq, and terrorist attacks worldwide. In brief, the theory holds that warfare has evolved through four generations: 1) the use of massed manpower, 2) firepower, 3) maneuver, and now 4) an evolved form of insurgency that employs all available networks—political, economic, social, military—to convince an opponent's decision makers that their strategic goals are either unachievable or too costly. Further, the theory contends that this last form characterizes the terrorists' way of fighting today. Despite reinventing itself several times, the …

Balik Terrorism: The Return Of The Abu Sayyaf, Zachary Abuza Dr.

Books, Monographs & Collaborative Studies

The author warns that despite the regeneration of the ASG as a bonafide terrorist organization, the primary security threat confronting the GRP comes from the Communist Party of the Philippines and their armed wing, the New People's Army. To that end, the GRP will focus on the ASG and MILF in as much as they expect it to garner U.S. materiel support and assistance. He advises U.S. Defense department and policymakers regarding institutional frailties of the GRP and institutional corruption within the Philippine armed forces. While the author suggests that training continue, he cautions about being drawn into a quagmire. …

'Outside Agitators:' The Role Of Foreign Islamists In The Chechen Fight For Independence, Robert Kent Pinkerton Jr.

Graduate Program in International Studies Theses & Dissertations

The goal of this thesis is to identify the role of foreign Islamist charities and terrorist groups in the current conflict in Chechnya. The issue of foreign Islamism in Chechnya is introduced through a general history of the region, including the role of religion in both traditional Chechen culture and in the present war. The evolution of Chechen war from a secular to a religious conflict is first examined by looking into the perspectives of various Muslim groups on the Chechen war and other similar conflicts and, conversely, the perspectives of many Chechens on the outsiders who purport to aid …

Law Vs. War: Competing Approaches To Fighting Terrorism, Shawn Boyne Ms., Michael German Mr., Paul R. Pillar Dr., Dallas D. Owens Dr.

Books, Monographs & Collaborative Studies

The authors address one of the fundamental assumptions underlying the conduct of the War on Terrorism - the nature of our enemy, whether perpetrators of terrorist activities are criminals or soldiers (combatants). Although the United States recognizes that terrorist acts are certainly illegal, it has chosen to treat perpetrators as combatants; but much of the world, including many of our traditional allies, have opted for a purely legalistic approach. Disagreement about assumptions is not the only basis for divergent policies for confronting terrorism, but certainly explains much of our inability to agree on strategies to overcome what we recognize as …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

Rescuing The Law Ofwar: A Way Forward In An Era Of Global Terrorism, Michael H. Hoffman

The US Army War College Quarterly: Parameters

No abstract provided.

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Law and Contemporary Problems

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.

Walking While Muslim, Margaret Chon, Donna E. Arzt

Law and Contemporary Problems

The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.

Canada/United States Military Interoperability And Humanitarian Law Issues: Land Mines, Terrorism, Military Objectives And Targeted Killing, Kenneth Watkin

Duke Journal of Comparative & International Law

No abstract provided.

American Grand Strategy After 9/11: An Assessment, Stephen D. Biddle Dr.

Books, Monographs & Collaborative Studies

In the three years since 9-11, the Administration has yet to arrive at a clear definition of the enemy or the aim in the War on Terrorism; to date, American policy has combined ambitious public statements with ambiguity on critical particulars. Heretofore, the costs of pursuing such ambitious but ill-defined goals have been high but tolerable. The ongoing insurgency in Iraq, however, is increasing the costs of grand strategic ambiguity to the point where fundamental choices can no longer be deferred. There are two broad alternatives for resolving these ambiguities and creating a coherent and logically sufficient grand strategy: rollback …

Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari

The Scholar: St. Mary's Law Review on Race and Social Justice

A balance between anti-terror legislation and civil liberties must be struck. The United States’ “financial war on terror,” following the attacks on September 11, 2001, has had negative consequences for global philanthropy. Charities supplying aid to Muslims in the Middle East and Central Asia have been affected the most, thwarting the acceptance of aid where it is needed. Legislation like the International Emergency Economic Powers Act (IEEPA) has allowed the government to freeze the assets of certain Islamic charities that allegedly aid and abet terrorism. Under this Act, the President has the power to regulate international economic dealing. Subsequent amendments …

Saudi Arabia: Islamic Threat, Political Reform, And The Global War On Terror, Sherifa D. Zuhur Dr.

Books, Monographs & Collaborative Studies

This monograph examines the convergence of the war on terror on Saudi soil, calls for and modest programs of political reform, and heightened post-9/11 tensions with the United States. Saudi Arabia has been condemned for its Wahhabist version of Islam, and linked to the growth of salafist extremism operating locally, regionally, and internationally. This monograph more clearly defines the background and nature of today's Islamic threat in Saudi Arabia, and argues for continuing counter- and anti-terrorist measures but also for political reform and development.

Modeling Transnational Terrorists' Center Of Gravity: An Elements Of Influence Approach, Cheryl L. Hetherington

Theses and Dissertations

Since the September 11th terrorist attack, there has been an increased emphasis on understanding and modeling terrorists groups. While several efforts have focused on identifying transnational terrorists' centers of gravity (COGs), most of these efforts have proposed COGs using a traditional nation-state paradigm. In today's "global village", terrorist groups are no longer limited by locality and national boundaries. With the increasing threats from transnational terrorist groups, new paradigms and models are necessary to properly analyze today's, and tomorrow's, conflict. Analysis should be based on the identified and quantified transnational terrorists' COGs and their associated interactions. Unfortunately, not all of the …

Strategic Implications Of Intercommunal Warfare In Iraq, W. Andrew Terrill Dr.

Books, Monographs & Collaborative Studies

In the post-Saddam era, differences among Iraqi ethnic and religious groups will either emerge as a barrier to political cooperation and national unity, or they will instead be mitigated as part of the struggle to define a new and more inclusive system of government. Should Iraqi ethnic and sectarian differences become unmanageable, a violent struggle for political power may ensue. This study does not predict an ethnic or sectarian civil war in Iraq except as a worst case, which must be analyzed and considered. If Iraqi violence erupts along religious/sectarian and ethnic lines, this conflict will have thunderous echoes throughout …

Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger

Congressional Testimony

No abstract provided.