Terrorism Studies Commons^™

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon

Theses and Dissertations

This thesis examines the detention of suspected ISIS affiliates and their family members held in facilities administered by the Kurdish-led authorities in North-East Syria. Thousands of foreign nationals remain detained without trial, without repatriation, and in conditions widely criticized as inhumane. Existing scholarship and political discourse often describe these facilities as legal voids, limbo, or black holes where law has broken down or ceased to apply. This thesis challenges that characterization. Rather than existing outside the law, the facilities are governed through overlapping frameworks of international humanitarian law, international human rights law, counterterrorism security resolutions, and domestic laws. I argue …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

Hak Asasi Manusia Tersangka Tindak Pidana Terorisme: Studi Perbandingan Antara Indonesia Dan Malaysia, Fayez Ghazi Mutasim Adesta Mr., Sapto Priyanto Dr.

Journal of Terrorism Studies

Terrorism is the use of force or threat to use force with the aim of bringing a political change, this is the definition according to Brian Jenkins. It is not doubted by anyone that the crime of terrorism is an act of crime that is extraordinary. However, similar to any other crimes, the principle of innocent until proven guilty should always be upheld. This is due to the fact that we should presume anyone’s innocence until the court of law hold otherwise. This paper is aimed to further discuss pertaining to the human rights of an accused of crime of …

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …

Counterterrorism In The Philippines: Review Of Key Issues, Ronald U. Mendoza, Rommel Jude G. Ong, Dion Lorenz L. Romano, Bernadette Chloe P. Torno

Ateneo School of Government Publications

Terrorism has taken root in almost all corners of the world with terrorist organizations thriving in both rich and poor countries. In the Philippines, the Human Security Act of 2007 came into force to address the threat of terrorism to the national security of the country. However, the law has never been fully utilized. To provide law enforcers with a stronger legal measure to address acts of terrorism in the country, President Duterte certified a new Anti-Terrorism Bill as urgent, with Congress adopting the Senate version and approving it in the shortest time possible. Despite opposition from various sectors and …

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …

Illusion Of Justice: Human Rights Abuses In Us Terrorism Prosecutions, Human Rights Watch, Human Rights Institute

Human Rights Institute

Terrorism entails horrifying acts, often resulting in terrible losses of human life. Governments have a duty under international human rights law to take reasonable measures to protect people within their jurisdictions from acts of violence. When crimes are committed, governments also have a duty to carry out impartial investigations, to identify those responsible, and to prosecute suspects before independent courts. These obligations require ensuring fairness and due process in investigations and prosecutions, as well as humane treatment of those in custody.

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …

Carlos Figueroa On State Power And Democracy: Before And During The Presidency Of George W. Bush. By Andrew Kolin. New York, Ny: Palgrave Macmillan, 2011. 251pp., Carlos Figueroa

Human Rights & Human Welfare

A review of:

State Power and Democracy: Before and During the Presidency of George W. Bush. By Andrew Kolin. New York, NY: Palgrave Macmillan, 2011. 251pp.

Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention, Kristine A. Huskey

The University of New Hampshire Law Review

[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive …

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …

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.

Torture—And Our Broader Understanding Of Human Rights, Mark Gibney

Human Rights & Human Welfare

Like most other human rights scholars, I am appalled at the idea that those people in the Bush White House who designed the administration’s policy on torture (but calling it something else) will in all likelihood go unpunished. In my view, the law is clear on this matter: those who directed and/or carried out torture must be held accountable for their actions. However, rather than focusing on the issue of accountability, I will use the issue of torture to make a broader point about how we have come to conceptualize the extent and scope of a state’s human rights obligations.

The Moral High Ground In An Age Of Vulnerability, Tyler Moselle

Human Rights & Human Welfare

Mark Danner’s New York Review of Books piece on torture in conjunction with John Nichols’ comment on the Bush administration, outline moral, legal and political problems related to the global war on terrorism and the ascendancy of the American imperial presidency. Most people seem to be repulsed by the idea of torture but are not morally committed enough or fully dedicated to prevent it from being employed to defend their way of life. Torture is a policy decision predicated on fear, self-defense, and vulnerability in an age of globalized insurgency: one way to respond is to take the moral high …

Reconstructing Sovereignty: From Control To Responsibility, Eric K. Leonard

Human Rights & Human Welfare

As I stood with a standing-room only crowd last fall at a United Nations University of New York (UNU-ONY) event entitled, "Prevention of Mass Atrocities: From Mandate to Realization," I began to wonder how far the responsibility to protect (R2P) could be stretched. As defined by the UNU-ONY organizers, the purpose of the event was " to explore the work of mass atrocity prevention across the UN system, with a focus on the role of the new Office of the Special Representative for the Prevention of Genocide and Mass Atrocities (SRPGMA)." As I currently look at the international community's response …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Armed and Humanitarian" by Bruce Falconer. Mother Jones. May 19, 2008.

Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas

Human Rights & Human Welfare

Over a decade ago, the U.S. military was warning liberal internationalists about the dangers of "mission creep." Today it is doing the opposite, incorporating relief and development work into its operations. In the devastating aftermath of Cyclone Nargis in Burma , the U.S. military's newfound mission may seem compelling. Unfortunately, expanding the military's role into humanitarian work reflects a flawed logic that should be resisted. There are more promising ways to protect victims of humanitarian disaster.

When Steel And Guns Meets Bread And Butter, Daniel J. Graeber

Human Rights & Human Welfare

Speaking before the 191-member United Nations in 2005, then-British Prime Minister Tony Blair said that "For the first time . we are agreed that states do not have the right to do what they will within their own borders but that we in the name of humanity have a common duty to protect people where their own governments will not." This notion, that of responsible sovereignty , says that nation states forfeit the right to uninterrupted internal freedoms when they no longer uphold the responsibilities associated with sovereignty.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

April Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Women Come Last in Afghanistan ” by Ann Jones. Salon.com. February 6, 2007.

United States Foreign Policy: Liberty And Security?, Jessi Schimmel

Human Rights & Human Welfare

Prior to September 11, 2001, the United States had the reputation of being a leader in the field of human rights. As information of torture and abuse in Abu Ghraib, Guantánamo Bay, and secret CIA detention centers has surfaced, however, the image of America has changed from human rights champion to that of violator. In large part, the international community of scholars and activists has come to deride the foreign policy of the United States as misguided and out of balance with the threats the country faces. However, there are also plenty of outspoken defenders who believe that the tactics …

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”