War Against Al-Qaeda” – Why It Matters in Rendition and Targeted Killings
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Trying Terrorists Brian S
William Mitchell Law Review Volume 34 Article 6 Issue 5 Journal of the National Security Forum 2008 Trying Terrorists Brian S. Carter-Stiglitz Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Part of the Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Carter-Stiglitz, Brian S. (2008) "Trying Terrorists," William Mitchell Law Review: Vol. 34: Iss. 5, Article 6. Available at: http://open.mitchellhamline.edu/wmlr/vol34/iss5/6 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Carter-Stiglitz: Trying Terrorists TRYING TERRORISTS Brian S. Carter-Stiglitz Trying terrorists in Article III courts presents a host of complications and problems. As terrorism cases come before civilian courts, prosecutors have had to wrestle with these challenges. The most significant challenge may be the tension between protecting national-security secrets and prosecuting those who threaten national security in open court. The Classified Information Procedures Act (CIPA) is the main litigation tool for dealing with these challenges. Two cases, both with Minnesota roots, demonstrate the challenges that face civil prosecution in terrorism cases. Mohammed Abdullah Warsame, a largely unknown name, is being tried in the District of Minnesota on material support charges. Michael Ward, a former assistant U.S. Attorney (AUSA) for the District of Minnesota, initially led Warsame's prosecution.' The complications caused by CIPA have already prolonged Warsame's prosecution for four years-with no end currently in sight. -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5. -
Radical Milieus and Salafis Movements in France: Ideologies, Practices, Relationships with Society and Political Visions
MWP 2014 /13 Max Weber Programme Radical Milieus and Salafis Movements in France: Ideologies, Practices, Relationships with Society and Political Visions AuthorMohamed-Ali Author Adraouiand Author Author European University Institute Max Weber Programme Radical Milieus and Salafis Movements in France: Ideologies, Practices, Relationships with Society and Political Visions Mohamed-Ali Adraoui EUI Working Paper MWP 2014/13 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper or other series, the year, and the publisher. ISSN 1830-7728 © Mohamed-Ali Adraoui, 2014 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu Abstract This paper deals mainly with the issue of radical Islam within French society over recent decades. More particularly, this study illustrates evolutions and the radicalization processes among some militant Islamic groups in this country since the end of the 1970s. Focusing on connections between geopolitical issues born in the Arab world and their implications within a predominantly non Muslim society, enables highlighting the centrality of some actors and currents that have been the impulse for the emergence of a radical and militant activism in France. Some specific attention is paid to Salafist movements, whether they are primarily interested in political protest or whether they desire first to break with the rest of society in order to purify their beliefs and social relations.This paper has to do with the political vision, strategies, history and sociology of Islamic radical militancy in France. -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures. -
Islamist Extremism in Europe
Order Code RS22211 Updated January 6, 2006 CRS Report for Congress Received through the CRS Web Islamist Extremism in Europe Kristin Archick (Coordinator), John Rollins, and Steven Woehrel Foreign Affairs, Defense, and Trade Division Summary Although the vast majority of Muslims in Europe are not involved in radical activities, Islamist extremists and vocal fringe communities that advocate terrorism exist and reportedly have provided cover for terrorist cells. Germany and Spain were identified as key logistical and planning bases for the September 11, 2001, attacks on the United States. The March 2004 terrorist bombings in Madrid have been attributed to an Al Qaeda-inspired group of North Africans. And UK authorities are investigating suspected Al Qaeda support to the British perpetrators of the July 7, 2005, terrorist attacks on London. This report provides an overview of Islamist extremism in Europe, possible terrorist links, European responses, and implications for the United States. It will be updated as needed. See also CRS Report RL31612, European Counterterrorist Efforts: Political Will and Diverse Responses in the First Year after September 11, and CRS Report RL33166, Muslims in Europe: Integration in Selected Countries, by Paul Gallis. Background: Europe’s Muslim Communities1 Estimates of the number of Muslims in Europe vary widely, depending on the methodology and definitions used, and the geographical limits imposed. Excluding Turkey and the Balkans, researchers estimate that as many as 15 to 20 million Muslims live on the European continent. Muslims are the largest religious minority in Europe, and Islam is the continent’s fastest growing religion. Substantial Muslim populations exist in Western European countries, including France, Germany, the United Kingdom, Spain, Italy, the Netherlands, and Belgium. -
Discussion Paper on Approaches to Anti-Radicalization and Community Policing in the Transatlantic Space
Jonathan Paris1 23 August 2007 DISCUSSION PAPER ON APPROACHES TO ANTI-RADICALIZATION AND COMMUNITY POLICING IN THE TRANSATLANTIC SPACE Contents: 1. Comparative overview of government approaches to counter-radicalization in Europe and America 2. Comparative assessment of the successes and failures of community policing methodologies Section 1. A comparative overview of government approaches to counter- radicalization in the United Kingdom, France, Germany and the US Introduction A trend common across Europe is that there is a decrease in terrorist incidents driven by Al Qaeda (AQ) command and control in South Asia. The conviction earlier this month of the UK dirty bombers under Dhiren Barot represents one of the last of this kind of ‘outside-inside’ attack. Governments are increasingly confronted, instead, with ‘home- grown’ terrorist networks. The threat has morphed from a jihadi organization with a physical headquarters and chain of command to a jihadi movement – an ideology motivating dispersed groups internationally. Terrorists who trained in Afghanistan-based Al Qaeda (AQ) camps are still relevant actors in Europe. For instance, new evidence about the 7/7 bombers shows that Mohamed Siddique Khan and one of his co-bombers made connections with AQ in visits to Pakistan. The difference, however, is that Sid Khan sought out AQ. AQ did not seek out Sid Khan. 2 The rise of ‘home-grown’ Jihadis inspired by a movement or ideology as opposed to an organization from outside has deep implications for governments trying to graft counter- radicalization strategies: The first implication has been that developments and communities at home are watched much more closely. -
Department Ofdefense Office for the Administrative Review of The
UNCLASSIFIED Department of Defense Office for the Administrative Review of the Detention of Enemy Combatants at U.S. Naval Base Guantanamo Bay, Cuba 8 February2007 TO: PersonalRepresentative FROM CSRT ( 8 Feb 07) SUBJECT: SUMMARY OF EVIDENCE FOR COMBATANT REVIEW TRIBUNAL - AL - SHIB, RAMZI BIN Under the provisions of the Deputy Secretary of Defense Memorandum , dated 14 July 2006, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at U.S. Naval Base Guantanamo Bay, Cuba, a Tribunal has been appointed to determine ifthe detainee is an enemy combatant. 2. An enemy combatant has bee defined as an individualwho was part ofor supporting the Taliban or al Qaida forces, or associatedforces that are engaged inhostilitiesagainst the United States or its coalitionpartners. This includes any personwho committeda belligerent act or has directly supported hostilities inaid ofenemy armed forces.” 3. The followingfacts supportthe determinationthat the detaineeisan enemy combatant. a. On the morning of 11 September 2001, four airliners traveling over the United States were hijacked. The flights hijacked were American Airlines Flight 11, United Airlines Flight 175, American Airlines Flight 77 and United Airlines Flight 93. At approximately 8:46 a.m., American Airlines Flight 11 crashed into the North Tower of the World Trade Center, resulting in the collapse of the tower at approximately 10:25 a.m. At approximately 9:03 a.m., United Airlines Flight 175 crashed into the South Tower of the World Trade Center, resulting in the collapse of the tower at approximately 9:55 a.m. At approximately 9:37 a.m., American Airlines Flight 77 crashed into the southwest side of the Pentagon in Arlington, Virginia. -
Download This Article As A
YOU SAY DEFENDANT, I SAY COMBATANT: OPPORTUNISTIC TREATMENT OF TERRORISM SUSPECTS HELD IN THE UNITED STATES AND THE NEED FOR DUE PROCESSAI JESSELYN A. RADACK* "[S]hould the Government determine that the defendant has engaged in conduct proscribed by the offenses now listed.., the United States may... capture and detain the defendant as an unlawful enemy com- 1 batant." - Plea Agreement of "American Taliban" John Walker Lindh "You are not an enemy combatant-you are a terrorist. You are not a 2 soldier in any way-you are a terrorist." - U.S. District Court Judge William G. Young to "shoe bomber" Richard Reid "[Enemy combatants] are not there because they stole a car or robbed a bank .... They are not common criminals. They're enemy combatants and terrorists who are being detained for acts of war against our coun- 3 try and this is why different rules have to apply." - U.S. Secretary of Defense Donald H. Rumsfeld A EDITOR'S NOTE: After this article was completely written and accepted for publication, the Supreme Court ruled in Hamdi v. Rumsfeld, as author Radack proposed with great foresight, that the Mathews v. Eldridge balancing test provides the appropriate analysis for the type of process that is constitutionally due to a detainee seeking to challenge his or her classification as an "enemy combatant." See Hamdi v. Rumsfeld, 124 S.Ct. 2633 (2004). *A.B., Brown University, 1992; J.D., Yale Law School, 1995. The author is Founder and Execu- tive Director of the Coalition for Civil Rights and Democratic Liberties (http://www.cradl.info). -
The European Angle to the U.S. Terror Threat Robin Simcox | Emily Dyer
AL-QAEDA IN THE UNITED STATES THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT Robin Simcox | Emily Dyer THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT EXECUTIVE SUMMARY • Nineteen individuals (11% of the overall total) who committed al-Qaeda related offenses (AQROs) in the U.S. between 1997 and 2011 were either European citizens or had previously lived in Europe. • The threat to America from those linked to Europe has remained reasonably constant – with European- linked individuals committing AQROs in ten of the fifteen years studied. • The majority (63%) of the nineteen European-linked individuals were unemployed, including all individuals who committed AQROs between 1998 and 2001, and from 2007 onwards. • 42% of individuals had some level of college education. Half of these individuals committed an AQRO between 1998 and 2001, while the remaining two individuals committed offenses in 2009. • 16% of offenders with European links were converts to Islam. Between 1998 and 2001, and between 2003 and 2009, there were no offenses committed by European-linked converts. • Over two thirds (68%) of European-linked offenders had received terrorist training, primarily in Afghanistan. However, nine of the ten individuals who had received training in Afghanistan committed their AQRO before 2002. Only one individual committed an AQRO afterwards (Oussama Kassir, whose charges were filed in 2006). • Among all trained individuals, 92% committed an AQRO between 1998 and 2006. • 16% of individuals had combat experience. However, there were no European-linked individuals with combat experience who committed an AQRO after 2005. • Active Participants – individuals who committed or were imminently about to commit acts of terrorism, or were formal members of al-Qaeda – committed thirteen AQROs (62%). -
John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Rich- Ard Reid
UNPATRIOTIC ACTS: AN INTRODUCTION SADI REzA* John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Rich- ard Reid. Who reading these lines does not instantly recognize the names of these men? Or at least their assigned noms de guerre: American Taliban, 20th hijacker, dirty bomber, shoe bomber. For two and a half years these names and others have flitted through our daily copies of The New York Times like shadow characters in a play, along with black-and-white photographs underneath which black-and-white text tells us of their alleged (and sometimes proven) wrongdoing and the latest developments in their tribula- tions (and sometimes trials) with our government. But the men themselves are almost invisible, hidden from us by our government, which insists that the characters and the play are too dangerous for public view. The clich6 that the events of September 11, 2001, "changed everything" is perhaps nowhere more true than in the realm of criminal procedure. Soon the Supreme Court will decide whether aliens the United States has imprisoned at Guantanamo Bay, Cuba, can challenge their detention in U.S. courts, and whether a U.S. citizen captured in a foreign war zone can be held indefinitely, without counsel or even a charge, when the president decides he is an "enemy combatant."' The Court will also decide whether a U.S. citizen arrested inside the U.S. and deemed an enemy combatant can be similarly detained; 2 and the Court may decide whether the government can continue to detain individuals under the federal * Associate Professor, New York Law School. -
A Narrative of Heroes in the Head of the Contemporary Jihadist
Terrorism: An Electronic Journal and Knowledge Base Volume I, Issue 1 A Narrative of Heroes In the Head of the Contemporary Jihadist Author: Michael Fredholm South and Central Asian Studies, Stockholm University August 2012 901 N. Stuart Street, Suite 200, Arlington, VA 22203 | www.terrorismelectronicjournal.org | Office: 703-525-0770 Fax: 703-525-0299 Terrorism: An Electronic Journal and Knowledge Base | Volume I, Issue 1 | August 2012 A Narrative of Heroes In the Head of the Contemporary Jihadist Michael Fredholm South and Central Asian Studies, Stockholm University Why? Well, I suppose it was simply the need I was feeling to fill that void I had created for myself. American convert to Islam and Al-Qaida spokesman, Adam Gadahn (b. 1978)1 False words are not only evil in themselves, but they infect the soul with evil. Phaedo, by Plato (c.428-348 BC) Abstract The contemporary jihadist often lives in the West, perhaps as a second-generation immigrant or convert, or in another fairly secular environment such as post-Soviet Central Asia. He likely knows little or no Arabic, and is not an Islamic scholar. For him, religion and ideology are primarily used as an after-the-fact justification and legitimization for violent acts and could more accurately be referred to as the effect rather than cause of jihadism. For those who wish to take action, indignation over perceived injustice and the decision to engage in armed jihad often precede both ideological awareness and religious justification. Far more important is the narrative: a conviction that a worldwide struggle between good and evil, between justice and injustice, and between true Muslims and enemies of Islam is taking place. -
Brief of Amici Curiae Spartacist League and Partisan Defense Committee on Behalf of Respondent Jose Padilla and Granting His Writ of Habeas Corpus
No. 03-1027 In the Supreme Court of the United States DONALD RUMSFELD, SECRETARY OF DEFENSE, PETITIONER v. JOSE PADILLA AND DONNA R. NEWMAN, AS NEXT FRIEND OF JOSE PADILLA, RESPONDENT. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF OF AMICI CURIAE SPARTACIST LEAGUE AND PARTISAN DEFENSE COMMITTEE ON BEHALF OF RESPONDENT JOSE PADILLA AND GRANTING HIS WRIT OF HABEAS CORPUS RACHEL H. WOLKENSTEIN, ESQ. (Counsel of Record) PAUL COOPERSTEIN, ESQ. 67 Wall Street, Ste. 2411 New York, New York 10005 (212) 406-4252 Attorneys for Amici Curiae Spartacist League and Partisan Defense Committee i TABLE OF CONTENTS PAGE TABLE OF AUTHORITIES ii INTEREST OF AMICI CURIAE 1 SUMMARY OF THE CASE 7 LEGAL ARGUMENT 8 I. PADILLA IS NOT AN “ENEMY COMBATANT” BECAUSE THE “WAR ON TERRORISM” IS NOT A WAR IN ANY MILITARY SENSE 8 A. The “War on Terror” Is a Political Construct 8 B. The Imperial Presidency Demands Absolute Judicial Deference—A Move Towards a Police State 10 C. The Executive’s “War on Terror” and Evisceration of Democratic Rights are Based on Fabrications 11 II. IT TOOK A CIVIL WAR TO ESTABLISH THE RIGHTS AND PRIVILEGES OF U.S. CITIZENSHIP— PADILLA HAS BEEN FORCIBLY DEPRIVED OF HIS CITIZENSHIP AND ATTENDENT RIGHTS IN VIOLATION OF THE CONSTITUTION 13 III. PADILLA IS DEPRIVED OF HIS LIBERTY IN VIOLATION OF THE CONSTITUTION 19 IV. PADILLA’S DETENTION AS AN ENEMY COMBATANT POSES A GRAVE THREAT TO THE FIRST AMENDMENT RIGHTS OF EVERYONE 22 A. Padilla Is Deemed an Enemy Combatant on the Basis of Alleged Association 23 B.