National Security Law Commons^™

Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen

Faculty Scholarship

Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond

BYU Law Review

No abstract provided.

Revisiting Downs' Issue-Attention Cycle: International Terrorism And U.S. Public Opinion, Karen K. Petersen

Journal of Strategic Security

Lamenting the lack of public awareness of international events and U.S. foreign policy is not a particularly novel exercise; yet, explaining the process by which issues enter and exit the public realm remains a challenging endeavor. Despite contributions from researchers working in international relations and mass communication, explaining public inattentiveness continues to vex scholars. However, in his article, "Up and Down with Ecology: The 'Issue-Attention Cycle,'" Anthony Downs provides a parsimonious and tractable model of public opinion that can be applied to foreign policy issues.1 While Downs concerns himself exclusively with domestic issues, particularly environmental issues, his model has thepotential …

Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur

Journal of Strategic Security

In 1953, a radical splinter organization from the Muslim Brotherhood,Hizb ut-Tahrir (HuT), was founded by the Al-Azhar University (Cairo,Egypt) educated jurist Sheikh Taqiuddin an-Nabhani who criticized theMuslim Brotherhood for collaborating with Egyptian secularists, such as Gamal Abdel Nasser. A sizable portion of the more radical members of the Muslim Brotherhood broke away, to join Nabhani's budding movement. Today, HuT is known to operate in more than forty countries, calling for the restoration of the Islamic Caliphate, with a history of violence and links to violent terrorist organizations. Given increasing tensions in the region over the presence of coalition troops, Predator …

Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito

Journal of Strategic Security

As President Obama is in the midst of deciding whether additional U.S.combat forces are needed in Afghanistan in addition to the 21,000 troops recently committed, he must realize that additional armed forces are only a stopgap measure in Afghanistan's downward spiral into an 'undergoverned' failed state. Similarly, as Pakistan's fragile and fractured civilian government continues to appease the Tehrik-i-Taliban Pakistan (TTP), an umbrella organization of Pakistani Pashtun tribesmen with Taliban cultural values led by Baitullah Mehsud and others, it comes closer to the concept of a "misgoverned" failed state, possessing a small arsenal of nuclear arms. The problem for the …

The Tangled Web Of Taliban And Associated Movements, Greg Smith

Journal of Strategic Security

Following the devastating terrorist attacks of September 11, 2001,worldwide attention became focused on the Taliban and al-Qaida forcesin Afghanistan. Prior to the attacks, many people had never heard of the Taliban or their shar'ia-law style of government. Since 2001, manysplinter groups have formed in response to the continual United Statespresence in the region. Today, the term Taliban has been used to envelop several groups such as the Tehrik-i-Taliban Pakistan (TTP), the Haqqani Network (HQN) and the Tehrik-eNifaz-e-Shariat-e-Mohammadi(TNSM). These groups make up the majority of fighters along the Afghanistan-Pakistan border. Many of these groups have been historicrivals for control of the …

Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank

Journal of Strategic Security

Both domestic and international terrorist organizations employ guerrilla warfare tactics, techniques, and procedures. Thus, the ability to identify and defeat the members of these organizations, cripple their infrastructures, and disrupt their financial resources lies in the understanding of modern guerrilla warfare as it develops in the twenty-first century within the United States.3 The forms of asymmetric warfare4 adopted by domestic and international terrorist groups alike is no longer intended to gain simple media exposure or governmental manipulation; they want to make an overpowering impact by causing massive loss of life and severe damage to infrastructure and are often motivated by …

Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis

Journal of Strategic Security

With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist …

Book Reviews, Christine E. Williamson, Ed Urie, Michael Savasta, Robin L. Thompson, D.M., Edward M. Roche

Journal of Strategic Security

Critical Thinking and Intelligence Analysis. By David T.Moore.

At The Center Of The Storm: The CIA During America's Time of Crisis. By George Tenet with Bill Harlow.

Female Suicide Bombers. By Rosemarie Skaine.

Information Operations: Doctrine and Practice. By Christopher Paul.

The Secret Sentry: The Untold History of the National Security Agency. By Matthew M. Aid.

The Blood of Lambs: A Former Terrorist's Memoir of Death and Redemption. By Kamal Saleem with Lynn Vincent.

Attaché Extraordinaire: Vernon A. Walters in Brazil. By Frank Márcio De Oliveira.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler

Security Studies & International Affairs - Daytona Beach

"What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard's Principle"--Overview

Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler

Applied Aviation Sciences - Daytona Beach

"What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard's Principle"--Overview

National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens

UF Law Faculty Publications

While no legal obstacles prevent the U.S. Senate's reconsideration of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control. By closely examining the U.S. Senate's previous rejection (and, by implication, the nation's non-ratification) of the CTBT, we assess the political process that failed to realize the security values now imperative to U.S. national defense. To this appraisal, we join analysis of the contemporary law, policy, …

De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke

San Diego International Law Journal

The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.

Jews In Jail, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Countering The Somali Pirates: Harmonizing The International Response, Richard Weitz

Journal of Strategic Security

The growing threat to international shipping in the Gulf of Aden and neighboring regions from pirates operating off the shores of lawless Somalia has engendered an unparalleled global response. Over the past year, numerous international security organizations as well as national governments have organized many separate multilateral and single-country maritime security operations in the Horn of Africa region. Despite the unprecedented extent of this effort, this mishmash of ad hoc multinational and national initiatives has had only a limited effect. These various contingents typically have conflicting mandates and rules of engagement. They have also become fixated on responding to immediate …

The Tipping Point: Biological Terrorism, Scott Cary

Journal of Strategic Security

This article presents a strategic, operational, and tactical analysis of information currently available on the state of bio-weapons development by non-state actors, primarily Islamist jihadists. It discusses the evidence supporting a practical assessment that non-state actors have begun to acquire, and in the near-term intend to employ, bio-weapons. A pathogen and method of attack specifically designed to achieve the strategic goals of jihadists are presented as functional examples of the problem of the emerging global bio-weapons threat.Is a terrorist attack utilizing biological weapons a real threat? If so, is there a way to predict the circumstances under which it might …

Start: Overcoming Remaining Challenges, Elizabeth Zolotukhina

Journal of Strategic Security

During the administrations of Presidents George W. Bush and VladimirPutin, the governments of Russia and the United States could not agreeon how to codify their balance of strategic offensive nuclear forces after the existing Strategic Arms Reductions Treaty (START) expired onDecember 5, 2009.1 The United States and Russia are currently engagedin negotiations to replace START with a new treaty before the end of this year.

What Price Security?, Donald C. Masters

Journal of Strategic Security

This article presents a critique of the Copenhagen Consensus Center's(CCC) exhaustive study on transnational terrorism, published in 2008.The implications of this study are controversial, yet highly relevant in today's economic environment. The Obama administration must come toterms with fiscal realities that will challenge budget priorities and invigorate what will undoubtedly prove to be tough negotiations on Capitol Hill for homeland security dollars. It is proposed here that standard economic tools such as benefit cost analysis, cost effectiveness criteria, and simulation models can help identify areas where security can be either extended or improved using fewer resources. Greater movement towards competitive …

Decision Support For Countering Terrorist Threats Against Transportation Networks, Richard Adler, Jeff Fuller

Journal of Strategic Security

This article presents a dynamic decision support methodology forcounter-terrorism decision support. The initial sections introduce basic objectives and challenges of terrorism risk analysis and risk management. The remainder of the paper describes TRANSEC, a decision support framework for defining, validating, and monitoring strategies focused on managing terrorism risks to international transportation networks. The methodology and software tools underlying TRANSEC are applicable to other homeland security problems, such as critical infrastructure and border protection.

Book Reviews, J. Kelly Stewart, Mark J. Roberts, Jeffery Ahn, Lloyd H. Hoffman, Donald J. Goldstein

Journal of Strategic Security

The Accidental Guerilla: Fighting Small Wars in the Midst of a Big One. By David Kilcullen.

Aviation and Airport Security: Terrorism and Safety Concerns. By Kathleen M. Sweet.

Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? By David Bonner.

Spycraft: The Secret History of the CIA's Spy techs from Communism to Al-Qaeda. By Robert Wallace and H. Keith Melton, with Henry Robert Schlesinger.

Troublesome Young Men: The Rebels who brought Churchill to Power and Saved England. By Lynne Olson.

Keeping Our Campuses And Communities Safe, Ronald Goodman

Journal of Strategic Security

Since the events of September 11, 2001, the U.S. population has a heightened awareness that tragedies can and do strike ordinary people without warning. The same can be said for the unfortunate abundance of campus shootings, where the next "9/11" occurred in 2007 on the campus of Virginia Tech. And yet, subsequent investigations into these horrific events often reveal that clues existed that might have pointed to the eventual violent outcome. It is unquestionable that to dramatically improve the safety and security of our cities we must rely upon the millions of eyes of our fellow citizens to unearth these …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Legal Obligations: The Proper Role Of White House Lawyers, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

An opinion issued on Aug. 1, 2002, by Assistant Attorney General Jay S. Bybee of the Department of Justice’s Office of Legal Counsel held that the federal statute that makes it a crime to commit torture outside the United States should not be read to “apply to the President’s detention and interrogation of enemy combatants pursuant to his Commander-in-Chief authority.” The opinion further concluded that if the statute did criminalize interrogations ordered by the president, it was unconstitutional.

The memorandum, which has become known as the “torture memo,” figures prominently in the ongoing public debate about whether there should be …

A Law Library Development Project In Iraq: Looking Back Two Years Later, Kimberli Kelmor

Georgetown Law Faculty Publications and Other Works

Sometimes you get a chance to work on a project so complex, even you don't come to fully understand its impact until years later. At least that has been the experience for me regarding the opportunity I had to work in Iraq with the International Human Rights Law Institute (IHRLI) from February 2004 to January 1, 2006. As I reported in a previous essay, IHRLI, an institute of the DePaul University College of Law headed by Cherif Bassiouni, received a United States Agency for International Development (USAID) Higher Education and Development (HEAD) contract to work with three Iraqi law schools.' …

Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram

Human Rights & Human Welfare

The declassification and leaking of the so-called “torture memos” only supplements much which was already publicly well-known, but has offered a fresh opportunity to frankly debate American values, in particular its commitment to the rule of law, its own constitution, and international human rights and humanitarian law obligations to which it has committed itself, and which the Supreme Court has confirmed are part of domestic law. It is a shame, therefore, that the debate has been so stunted, diverted by the red herring of Dick Cheney’s rantings, and the apparent willingness of a segment of the population to accept, first, …

Let Us Not Become The Evil We Deplore, Rebecca Otis

Human Rights & Human Welfare

On 14 September 2001, Representative Barbara Lee (CA-D) voted against the House bill that granted President Bush the authority to use force in response to the terrorist attacks on the World Trade Center and Pentagon. As the sole person to vote against the bill (by a margin of 420-1), Lee was roundly vilified as a “traitor,” a “coward, and even a “communist.” Later that day, as the only voice of dissent on the House floor, Lee delivered a speech to justify her position. Famously, she said to the elected representatives of our country, “As we act, let us not become …

Righting Past, Present And Future Wrongs, Rhona Smith

Human Rights & Human Welfare

Three legal issues are raised by the centerpiece of this month’s Roundtable: Does the legal definition of torture include “enhanced interrogation techniques”? What are the legal responsibilities of a State when torture is committed by its agents? and What should the State do now to prevent future violations of human rights? In other words, one must characterize the actions of the past, ameliorate the damage in the present, and prevent a recurrence in the future.

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Red Cross Torture Report: What It Means.” by Mark Danner. The New York Review of Books. April 30, 2009.

Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter

Human Rights & Human Welfare

Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.