Defendant's Reply Brief in Support of Petition for a Writ of Certiorari
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The Jihadi Industry: Assessing the Organizational, Leadership And
The Jihadi Industry: Assessing the Organizational, Leadership, and Cyber Profiles Report to the Office of University Programs, Science and Technology Directorate, U.S. Department of Homeland Security July 2017 National Consortium for the Study of Terrorism and Responses to Terrorism A Department of Homeland Security Science and Technology Center of Excellence Led by the University of Maryland 8400 Baltimore Ave., Suite 250 • College Park, MD 20742 • 301.405.6600 www.start.umd.edu National Consortium for the Study of Terrorism and Responses to Terrorism A Department of Homeland Security Science and Technology Center of Excellence About This Report The authors of this report are Gina Ligon, Michael Logan, Margeret Hall, Douglas C. Derrick, Julia Fuller, and Sam Church at the University of Nebraska, Omaha. Questions about this report should be directed to Dr. Gina Ligon at [email protected]. This report is part of the National Consortium for the Study of Terrorism and Responses to Terrorism (START) project, “The Jihadi Industry: Assessing the Organizational, Leadership, and Cyber Profiles” led by Principal Investigator Gina Ligon. This research was supported by the Department of Homeland Security Science and Technology Directorate’s Office of University Programs through Award Number #2012-ST-061-CS0001, Center for the Study of Terrorism and Behavior (CSTAB 1.12) made to START to investigate the role of social, behavioral, cultural, and economic factors on radicalization and violent extremism. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. -
Targeted Killing: Self-Defense, Preemption, and the War on Terrorism
Journal of Strategic Security Volume 2 Number 2 Volume 2, No. 2: May 2009 Article 1 Targeted Killing: Self-Defense, Preemption, and the War on Terrorism Thomas Byron Hunter Follow this and additional works at: https://scholarcommons.usf.edu/jss Part of the Defense and Security Studies Commons, National Security Law Commons, and the Portfolio and Security Analysis Commons pp. 1-52 Recommended Citation Hunter, Thomas Byron. "Targeted Killing: Self-Defense, Preemption, and the War on Terrorism." Journal of Strategic Security 2, no. 2 (2010) : 1-52. DOI: http://dx.doi.org/10.5038/1944-0472.2.2.1 Available at: https://scholarcommons.usf.edu/jss/vol2/iss2/1 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Journal of Strategic Security by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Targeted Killing: Self-Defense, Preemption, and the War on Terrorism Abstract This paper assesses the parameters and utility of “targeted killing” in combating terrorism and its role within the norm of state self-defense in the international community. The author’s thesis is that, while targeted killing provides states with a method of combating terrorism, and while it is “effective” on a number of levels, it is inherently limited and not a panacea. The adoption and execution of such a program brings with it, among other potential pitfalls, political repercussions. Targeted killing is defined herein as the premeditated, preemptive, and intentional killing of an individual or individuals known or believed to represent a present and/or future threat to the safety and security of a state through affiliation with terrorist groups or individuals. -
Complaint for of the Estate of MARIE COLVIN, and Extrajudicial Killing, JUSTINE ARAYA-COLVIN, Heir-At-Law and 28 U.S.C
Case 1:16-cv-01423 Document 1 Filed 07/09/16 Page 1 of 33 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CATHLEEN COLVIN, individually and as Civil No. __________________ parent and next friend of minors C.A.C. and L.A.C., heirs-at-law and beneficiaries Complaint For of the estate of MARIE COLVIN, and Extrajudicial Killing, JUSTINE ARAYA-COLVIN, heir-at-law and 28 U.S.C. § 1605A beneficiary of the estate of MARIE COLVIN, c/o Center for Justice & Accountability, One Hallidie Plaza, Suite 406, San Francisco, CA 94102 Plaintiffs, v. SYRIAN ARAB REPUBLIC, c/o Foreign Minister Walid al-Mualem Ministry of Foreign Affairs Kafar Soussa, Damascus, Syria Defendant. COMPLAINT Plaintiffs Cathleen Colvin and Justine Araya-Colvin allege as follows: INTRODUCTION 1. On February 22, 2012, Marie Colvin, an American reporter hailed by many of her peers as the greatest war correspondent of her generation, was assassinated by Syrian government agents as she reported on the suffering of civilians in Homs, Syria—a city beseiged by Syrian military forces. Acting in concert and with premeditation, Syrian officials deliberately killed Marie Colvin by launching a targeted rocket attack against a makeshift broadcast studio in the Baba Amr neighborhood of Case 1:16-cv-01423 Document 1 Filed 07/09/16 Page 2 of 33 Homs where Colvin and other civilian journalists were residing and reporting on the siege. 2. The rocket attack was the object of a conspiracy formed by senior members of the regime of Syrian President Bashar al-Assad (the “Assad regime”) to surveil, target, and ultimately kill civilian journalists in order to silence local and international media as part of its effort to crush political opposition. -
Extrajudicial Killing with Near Impunity: Excessive Force by Israeli Law Enforcement Against Palestinians
\\jciprod01\productn\B\BIN\35-1\BIN104.txt unknown Seq: 1 7-FEB-17 13:24 EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS Emily Schaeffer Omer-Man* I. INTRODUCTION ............................................ 116 R II. RECENT ALLEGED EXTRAJUDICIAL KILLINGS IN ISRAEL- PALESTINE ................................................ 119 R III. A PATTERN OF EXCESSIVE FORCE AGAINST PALESTINIANS ............................................. 135 R A. Arenas of Excessive Violence against Palestinians ...... 136 R B. The Disparity in Law Enforcement Responses to Palestinians versus Jews ............................... 140 R * The author holds a JD from the University of California, Berkeley School of Law (Boalt), and is an American-Israeli human rights attorney at the Michael Sfard Law Office in Tel Aviv, where she currently serves as senior counsel and acting director. She has been a member of the legal team of Israeli human rights NGO, Yesh Din, for over a decade, and for the last eight years has served as Legal Director of the organization’s Accountability of Security Personnel project. In that capacity, she has represented over 500 Palestinian victims of alleged crimes committed against them or their property by Israeli police, soldiers, and other security personnel. The author is also a legal advisor to Israeli NGOs Breaking the Silence and Peace Now, among others, and represents individuals and communities in bringing human rights claims before the Israeli courts, specializing in International Humanitarian Law and International Human Rights Law and their application to the territories occupied by Israel in 1967. The author wishes to express her gratitude to Shelley Cavalieri, Miri Sharon and Michael Schaeffer Omer-Man for their excellent comments and feedback on previous drafts of this Article, as well as to the remarkable editors of the Boston University International Law Journal for their collaboration on this project and their dedication to bringing this important issue to light. -
Torture by Proxy: International and Domestic Law Applicable to “Extraordinary Renditions”
TORTURE BY PROXY: INTERNATIONAL AND DOMESTIC LAW APPLICABLE TO “EXTRAORDINARY RENDITIONS” The Committee on International Human Rights of the Association of the Bar of the City of New York and The Center for Human Rights and Global Justice, New York University School of Law © 2004 ABCNY & CHRGJ, NYU School of Law New York, NY Association of the Bar of the City of New York The Association of the Bar of the City of New York (www.abcny.org) was founded in 1870, and since then has been dedicated to maintaining the high ethical standards of the profession, promoting reform of the law, and providing service to the profession and the public. The Association continues to work for political, legal and social reform, while implementing innovating means to help the disadvantaged. Protecting the public’s welfare remains one of the Association’s highest priorities. Center for Human Rights and Global Justice The Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law (http://www.nyuhr.org) focuses on issues related to “global justice,” and aims to advance human rights and respect for the rule of law through cutting-edge advocacy and scholarship. The CHRGJ promotes human rights research, education and training, and encourages interdisciplinary research on emerging issues in international human rights and humanitarian law. This report should be cited as: Association of the Bar of the City of New York & Center for Human Rights and Global Justice, Torture by Proxy: International and Domestic Law Applicable to “Extraordinary Renditions” (New York: ABCNY & NYU School of Law, 2004). - This report was modified in June 2006 - The Association of the Bar of the City of New York Committee on International Human Rights Martin S. -
Turkey and War in Iraq: Avoiding Past Patterns of Violation
Human Rights Watch 350 Fifth Avenue, 34th Floor New York, NY 10118 Phone: 212-290-4700 Fax: 212-736-1300 E-mail: [email protected] Website: http://hrw.org/europe/turkey.php March 2003 Human Rights Watch Briefing Paper Turkey and War in Iraq: Avoiding Past Patterns of Violation Summary and Recommendations Looming war in Iraq and recent discussion of Turkey’s potential role in Northern Iraq raise serious human rights concerns. Human Rights Watch takes no position on the legal justifiability of war, including possible U.S.-led military action in Iraq. Its work on Iraq focuses on continuing human rights abuses and, if there is a war, the compliance by all parties with international humanitarian law and protections for Iraqi civilians. However, if very large numbers of Turkish armed forces enter Northern Iraq there is a risk that they will resort to the mass detention and torture, political killings, “disappearances,” and village burning that they used when fighting over similar terrain in southeastern Turkey. This briefing paper elaborates possible concerns about Turkey’s potential role in Iraq and recommends action that Turkey and its allies should take to ensure that any Turkish operations in Iraq comport with international human rights and humanitarian law. In negotiating terms for allowing U.S. troops access to Northern Iraq via Turkey, the Turkish government is not only looking for compensation for loss of trade and tourism income. It is also trying to obtain assurances about the future of the Kurdish-run enclave in Northern Iraq. The Turkish government believes that if Iraqi Kurdish forces were to capture the oil-rich city of Kirkuk, then the Iraqi Kurds would have the financial independence to establish a separate Kurdish state. -
Extrajudicial Punishments to Combat the Philippine Drug War: Problem Or Solution?
Loyola University Chicago International Law Review Volume 14 Issue 2 Article 4 2016 Extrajudicial Punishments to Combat the Philippine Drug War: Problem or Solution? Mikaela Y. Medina Follow this and additional works at: https://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Mikaela Y. Medina Extrajudicial Punishments to Combat the Philippine Drug War: Problem or Solution?, 14 Loy. U. Chi. Int'l L. Rev. 155 (2016). Available at: https://lawecommons.luc.edu/lucilr/vol14/iss2/4 This Student Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized editor of LAW eCommons. For more information, please contact [email protected]. EXTRAJUDICIAL PUNISHMENTS TO COMBAT THE PHILIPPINE DRUG WAR: PROBLEM OR SOLUTION? Mikaela Y. Medina* I. Introduction... ...................................... 155 II. Background ......................................... 157 A. Philippine Demographics ............................ 157 B. President Duterte's History of Violence .................. 158 III. Discussion .......................................... 160 IV . A nalysis ...................................................... 163 A. Contributing Factors to the Drug War ...................... 163 a. Poverty ............................................... 163 b. C hildren .............................................. 163 c. Government .................................. 164 B. The Use of Extrajudicial Punishments -
Targeted Killing in International Law: Searching for Rights in the Shadow of 9/11
TARGETED KILLING IN INTERNATIONAL LAW: SEARCHING FOR RIGHTS IN THE SHADOW OF 9/11 Dr. Saby Ghoshray∗ “[T]he bottom line is: ‘whose 4-year-olds get killed?’”1 I. INTRODUCTION “After hundreds of drone strikes, how could the United States possibly still be working its way through a ‘top 20’ list?”2 This exclamation of comical despair from the Pakistani military Chief General Ashfaq Parvez Kayani raises many questions. His quizzical outburst during a recent meeting with his American counterpart, Navy Admiral Michael Mullen, is a telling encapsulation of the continuous saga of military actions. Cloaked under secrecy, these actions fall outside the prescribed limits of international law. Yet, American drone strikes in sovereign territories have largely been ignored within contemporary discourse.3 This is predominantly due to the success of military planners in propagating a palatable narrative to the general populace.4 This narrative is simple. It provides assurance that drone strikes eliminate known terrorists which in turn makes America safer.5 This simple narrative also alleviates the public’s concerns about human rights violations by emphasizing that the surgical precision of drone ∗ Dr. Saby Ghoshray’s scholarship focuses on Constitutional Law, International Law, Capital Jurisprudence, Military Tribunals, and Cyberspace law, among others. His work has appeared in Albany Law Review, ILSLA Journal of International and Comparative Law, European Law Journal ERA-Forum, Loyola University Chicago Law Journal, Santa Clara Law Journal, Georgetown International Law Review, Temple Political & Civil Rights Law, Fordham International Law Journal, and Miami Law Review, to name a few. The author would like to thank Jennifer Schulke for her assistance in legal research and typing of the manuscript, and his beautiful children, Shreyoshi and Sayantan, for their patience and understanding. -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S. -
Sovereign Immunity and Jus Cogens: Is There a Terrorism Exception for Conduct-Based Immunity?
Sovereign Immunity and Jus Cogens: Is There A Terrorism Exception for Conduct-Based Immunity? SOFIE G. SYED* This Note addresses the implications of jus cogens for sovereign immunity, in particular regarding the act of supporting terrorism. Jus cogens norms are peremptory norms of international law — fundamental principles which cannot be abrogated by international agreement, judicial opinion or custom. Terrorism might be considered the type of violation of interna- tional law that falls outside existing immunity protections, under a fidu- ciary theory of jus cogens and a definition of terrorism that takes its cen- tral feature as violence that targets citizens in an attempt to dissuade them from exercising their lawful rights. However, because international actors have not reached a consensus on a workable definition of either jus cogens or terrorism, it is unlikely courts will adopt this approach. This Note con- siders alternative approaches to enable suits to go forward against indi- vidual officials who allegedly sponsored terrorism, including an addition to the statutory tort scheme. I. INTRODUCTION On November 26, 2008, members of the terrorist group Lash- kar-e-Taiba carried out a series of coordinated attacks throughout Mumbai, India’s highly populated financial capital. Armed with guns and explosives, ten men targeted the Taj Mahal and Oberoi luxury hotels, the Chhatrapati Shivaji train station, Leopold’s restaurant, the Nariman House Jewish center, and the Cama and * Digital Editor, Colum. J.L. & Soc. Probs.; Executive Editor, The Common Law 2014–2015. J.D. Candidate 2015, Columbia Law School. The author would like to thank Professor Gillian Metzger for her guidance, and the Journal staff for their hard work on this piece. -
Afghanistan 2017 Human Rights Report
AFGHANISTAN 2017 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch. Based on the electoral calendar specified in the constitution, parliamentary elections were to have taken place in 2015; however, these elections were not held by year’s end. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently. The most significant human rights issues included extrajudicial killings by security forces; disappearances, torture; arbitrary arrest; detention, including of women accused of so-called moral crimes; and sexual abuse of children by security force members. Additional problems included violence against journalists, criminalization of defamation; pervasive government corruption; and lack of accountability and investigation in cases of violence against women. Discrimination against persons with disabilities and ethnic minorities and discrimination based on race, religion, gender, and sexual orientation persisted with little accountability. Widespread disregard for the rule of law and official impunity for those who committed human rights abuses were serious problems. The government did not consistently or effectively prosecute abuses by officials, including security forces. There were major attacks on civilians by armed insurgent groups and targeted assassinations by armed insurgent groups of persons affiliated with the government. The Taliban and other insurgents continued to kill security force personnel and civilians using indiscriminate tactics such as improvised explosive devices (IEDs), suicide attacks, and rocket attacks, and to commit disappearances and torture. The UN Assistance Mission in Afghanistan (UNAMA) attributed 67 percent of civilian casualties (1,141 deaths and 3,574 injured) to nonstate actors. -
Afghanistan 2019 Human Rights Report
AFGHANISTAN 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch; however, armed insurgents control some portions of the country. On September 28, Afghanistan held presidential elections after technical issues and security requirements compelled the Independent Election Commission (IEC) to reschedule the election multiple times. To accommodate the postponements, the Supreme Court extended President Ghani’s tenure. The IEC delayed the announcement of preliminary election results, originally scheduled for October 19, until December 22, due to technical challenges in vote tabulations; final results scheduled for November 7 had yet to be released by year’s end. Three ministries share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security (NDS). The Afghan National Police (ANP), under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems.