The UK's Foreign Policy Approach to Afghanistan and Pakistan
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Commonwealth Lawyers Association Amicus
Nos. 15-1358, 15-1359, and 15-1363 In the Supreme Court of the United States JAMES W. ZIGLAR, Petitioner, v. AHMER IQBAL ABBASI, ET AL., Respondents. On Writs Of Certiorari To The United States Court Of Appeals For The Second Circuit BRIEF OF AMICUS CURIAE COMMONWEALTH LAWYERS ASSOCIATION IN SUPPORT OF RESPONDENTS GARY A. ISAAC Counsel of Record LOGAN A. STEINER JED W. GLICKSTEIN Mayer Brown LLP 71 S. Wacker Dr. Chicago, IL 60606 [email protected] (312) 782-0600 Counsel for Amicus Curiae (Additional Captions Listed on Inside Cover) JOHN D. ASHCROFT, ET AL., Petitioners, v. AHMER IQBAL ABBASI, ET AL., Respondents. DENNIS HASTY, ET AL., Petitioners, v. AHMER IQBAL ABBASI, ET AL., Respondents. i TABLE OF CONTENTS TABLE OF AUTHORITIES...................................... ii INTEREST OF THE AMICUS CURIAE...................1 SUMMARY OF THE ARGUMENT...........................2 ARGUMENT ..............................................................4 I. The Court Should Consider The Prac- tices Of Other Western Democracies And The European Court Of Human Rights In Deciding Whether To Recog- nize A Bivens Remedy .....................................4 II. Barring Any Remedy In This Case Would Be At Odds With Foreign Deci- sions And Practice ...........................................8 A. Other Nations Provide Monetary Remedies For Human-Rights Abuses In Alleged Terrorism- Related Cases........................................9 B. The European Court Of Human Rights Likewise Provides Mone- tary Remedies For Human Rights Violations In Cases Implicating National Security................................15 C. Other Western Democracies And The European Court Of Human Rights Recognize Damages Ac- tions Even Where National Secu- rity Is Implicated ................................19 CONCLUSION .........................................................20 ii TABLE OF AUTHORITIES Page(s) Cases Agiza v. Sweden, Commc’n No. -
April 06, 2019 4
4 April 06, 2019 (1) Khalilzad, Pakistani... of money from domestic sources for Nepal in the final. becomes a safe haven for international “The number of patients is much high- launching the landmine clearing pro- Afghan ended the tournament as the terrorists” er compared to the beds available in process and called peace in Afghani- cess so donor countries would also find third leading run scorer with 253 runs, “…and has also to build on the the hospital, responding to all patients stan valuable for the whole region, the an interest to support the drive. including a score of 151 runs from 83 achievements we have made, not least is impossible particularly at the mater- source said. Qureshi stressed to con- Fahim said, “Foreign forces who plant- balls against Bhutan. in promoting the rights of women and nity ward which receives patients from tinue his country’s support for peace in ed explosives around their bases also On March 1, 2014, Afghan’s 90* helped girls related to education, basic hu- the provincial capital and a number of Afghanistan. left without removing the devises.” Afghanistan to register their win over man rights,” “A part of any sustain- districts,” she said. Before traveling to Pakistan, Khalilzad The slogan “Afghanistan would be free Bangladesh which was their first win able peace in Afghanistan has also to She acknowledged six women were in Kabul said, “If Pakistan wants good of landmines until 2023” would not against test playing nations. include Afghan reconciliation. So, the admitted to the maternity ward at the relations with the US then it should turn into a reality if the government He and Samiullah Shinwari put on a talks which are going on now is, in a same time but said they had no other change its policy towards Afghanistan and donor countries did not pay atten- 164 runs partnership for the sixth wick- way, the first step towards a broader option. -
The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
The Effect of Reproductive Compensation on Recessive Disorders Within Consanguineous Human Populations
Heredity (2002) 88, 474–479 2002 Nature Publishing Group All rights reserved 0018-067X/02 $25.00 www.nature.com/hdy The effect of reproductive compensation on recessive disorders within consanguineous human populations ADJ Overall1,2, M Ahmad1 and RA Nichols1 1School of Biological Sciences, Queen Mary, University of London, UK We investigate the effects of consanguinity and population results show how reproductive compensation can effectively substructure on genetic health using the UK Asian popu- counteract the purging of deleterious alleles within con- lation as an example. We review and expand upon previous sanguineous populations. Whereas inbreeding does not treatments dealing with the deleterious effects of con- elevate the equilibrium frequency of affected individuals, sanguinity on recessive disorders and consider how other reproductive compensation does. We suggest this effect factors, such as population substructure, may be of equal must be built into interpretations of the incidence of genetic importance. For illustration, we quantify the relative risks of disease within populations such as the UK Asians. Infor- recessive lethal disorders by presenting some simple calcu- mation of this nature will benefit health care workers who lations that demonstrate the effect ‘reproductive compen- inform such communities. sation’ has on the maintenance of recessive alleles. The Heredity (2002) 88, 474–479. DOI: 10.1038/sj/hdy/6800090 Keywords: marriage; inbreeding; mortality; morbidity; genetic counselling Introduction whether reproductive compensation, at the level ident- ified by Koeslag and Schach (1984), can effectively The majority of the UK Asian population can trace their counteract the purging of deleterious alleles within con- origins to the Punjab region of India and Pakistan within sanguineous populations. -
Page 01 March 23.Indd
ISO 9001:2008 CERTIFIED NEWSPAPER 23 March 2013 11 Jumada I 1434 - Volume 18 Number 5647 Price: QR2 ON SATURDAY Qatar ready to stage World Cup in summer or winter DOHA: Qatar is ready to host the 2022 FIFA World Cup in summer or winter, the tournament’s supreme committee said yesterday, following recent calls by international sports figures to move the event to winter. “We are ready to host the World Cup in summer or winter. Our planning is not affected either way, as we are committed to the cooling technologies for legacy reasons,” the committee said in a statement. QNA Chances of rain tonight DOHA: The weather bureau has forecast that there are chances of rain tonight and the weather would be partly cloudy or cloudy during the day. The temperature would hover between 19 and 30 degrees Celsius, with the wind direction initially being south-easterly. There could be a lit- tle chill after dusk as the wind changes direction to north-westerly-south-west- erly. The maximum temperature in Doha is forecast at 28 degrees Celsius and the minimum at 20. Al Wakra and Mesaieed would be a little hotter with day tempera- tures soaring to 30 degrees Celsius. THE PENINSULA Lebanese premier resigns BEIRUT: Lebanon’s Prime Minister Najib Mikati announced his government’s resignation yesterday. Mikati resigned hours after a cabinet meeting in which Hezbollah and its allies blocked the crea- tion of a supervisory body for the parlia- mentary vote and opposed extending the term of Major General Ashraf Rifi, head of Lebanon’s internal security forces, who is due to retire early next month. -
ALL QUIET on the ISIS FRONT? British Secret Warfare in an Information Age
ALL QUIET ON THE ISIS FRONT? British secret warfare in an information age Emily Knowles and Abigail Watson This report has been written by Remote Control, a project of the Network for Social Change hosted by Oxford Research Group. The project examines changes in military engagement, with a focus on remote control warfare. This form of intervention takes place behind the scenes or at a distance rather than on a traditional battlefield, often through drone strikes and air strikes from above, with Special Forces, intelligence agencies, private contractors, and military training teams on the ground. Emily Knowles is Remote Control’s project manager. Abigail Watson is a Research Officer with Remote Control. We would like to extend our heartfelt thanks to the many people who have given up time and shared their knowledge with us for this report. Some of them, often still in serving or official positions, have preferred to remain anonymous and are not named here. None of them bear responsibility for any of the opinions (or errors) in this report, which are the authors’ own. In alphabetical order: Dapo Akande, Richard Aldrich, Malcolm Chalmers, Lindsay Clarke, Chris Cole, Rory Cormac, Ian Davis, Joseph Devanny, Anthony Dworkin, Frank Foley, Ulrike Franke, Chris Fuller, Jennifer Gibson, Anthony Glees, Michael Goodman, Jim Killock, Ewan Lawson, Peter Lee, Elizabeth Minor, Jon Moran, Michael Pryce, Julian Richards, Peter Roberts, Paul Rogers, Javier Ruiz Diaz, Paul Schulte, Namir Shabibi, Adam Svendsen, Jack Watling, Nicholas Wheeler, and Chris Woods. We would also like to acknowledge the expertise that was shared with us by the Institute for Conflict, Cooperation and Security at the University of Birmingham and the University of Oxford, which has been truly invaluable. -
Old Habits, New Consequences Old Habits, New Khalid Homayun Consequences Nadiri Pakistan’S Posture Toward Afghanistan Since 2001
Old Habits, New Consequences Old Habits, New Khalid Homayun Consequences Nadiri Pakistan’s Posture toward Afghanistan since 2001 Since the terrorist at- tacks of September 11, 2001, Pakistan has pursued a seemingly incongruous course of action in Afghanistan. It has participated in the U.S. and interna- tional intervention in Afghanistan both by allying itself with the military cam- paign against the Afghan Taliban and al-Qaida and by serving as the primary transit route for international military forces and matériel into Afghanistan.1 At the same time, the Pakistani security establishment has permitted much of the Afghan Taliban’s political leadership and many of its military command- ers to visit or reside in Pakistani urban centers. Why has Pakistan adopted this posture of Afghan Taliban accommodation despite its nominal participa- tion in the Afghanistan intervention and its public commitment to peace and stability in Afghanistan?2 This incongruence is all the more puzzling in light of the expansion of insurgent violence directed against Islamabad by the Tehrik-e-Taliban Pakistan (TTP), a coalition of militant organizations that are independent of the Afghan Taliban but that nonetheless possess social and po- litical links with Afghan cadres of the Taliban movement. With violence against Pakistan growing increasingly indiscriminate and costly, it remains un- clear why Islamabad has opted to accommodate the Afghan Taliban through- out the post-2001 period. Despite a considerable body of academic and journalistic literature on Pakistan’s relationship with Afghanistan since 2001, the subject of Pakistani accommodation of the Afghan Taliban remains largely unaddressed. Much of the existing literature identiªes Pakistan’s security competition with India as the exclusive or predominant driver of Pakistani policy vis-à-vis the Afghan Khalid Homayun Nadiri is a Ph.D. -
Afghanistan Review
1 01 December 2010 AFGHANISTAN REVIEW Inside This Issue Economic Stabilization This document is intended to provide an overview of relevant sector Governance & Participation events in Afghanistan from 23 November–30 November 2010. More Humanitarian Assistance comprehensive information is available on the Civil-Military Overview (CMO) at www.cimicweb.org. Hyperlinks to original source material Infrastructure are highlighted in blue and underlined in the embedded text. Justice & Reconciliation Security Social Well-Being For further information on CFC activities related to Afghanistan or inquiries about this publication, please contact the Afghanistan Team Manager: Valeria Davanzo, [email protected] or the Afghanistan Editor: Amber Ram- sey, [email protected] ECONOMIC STABILIZATION Steve Zyck, [email protected] / +1 757-683-4275 Back to top Mineral and energy deposits in Afghanistan were the ban was allegedly instituted as a result of the Af- subject of continued discussion this week. An official ghan government‟s failure to update its 1972 avia- from Afghanistan‟s Ministry of Mines (MoM) told Tolo tion regulations or establish a civil aviation author- News that oil deposits in northern Afghanistan would ity. According to Reuters, the ban affects Safi Air- be opened for tender by the end of the year. Offi- lines in particular, which is one of three Afghanistan cials say that oil deposits around Sheberghan, in -registered airlines to offer flights to Europe in re- Jowzjan province, and Qashqari, in Sar-e Pul prov- cent years. The EU's recent decision also served to ince, will likely be tendered first. Experts interviewed extend and expand previously-imposed restrictions by Tolo News have suggested that investor interest on Ariana Afghan Airlines and Kam Air, the two in Afghanistan‟s energy and mineral resources may other banned carriers. -
Ethnic Minorities in Britain: the Educational Performance of Pakistani Muslims
Journal of History for the Public, Vol. 4, 2007, pp. 77-94 Ethnic Minorities in Britain: The Educational Performance of Pakistani Muslims Manami Hamashita The irrevocable changes that have formed the multi-racial and multicultural British society have their origins in the period of British imperialism. In the postwar period migrants from countries in the New Commonwealth were able to migrate to Britain without any restrictions in accordance with the British Nationality Act of 1948. The influx of migrants from these countries including the West Indies, India and Pakistan bringing with them their culture and customs had a profound effect, and British society was forced to change rapidly as a result. In general, ethnic minority issues are often considered as a matter of ‘assimilation’ into the host society or under the concept of ‘multiculturalism’. In either case education for ethnic minorities plays an important role. For this reason I would like to focus on the educational performance of ethnic minorities, in particular the performance of those of Pakistani origin. According to the 2001 Census, groups of Pakistani origin had the highest percentage of British- (1) born (54.8%), and so the education of this British-born contingent should be one of the most important issues for Pakistanis in Britain. Much has been written about the education issues of ethnic minorities but there is relatively little material concerning the education of Pakistanis. This subject has been given some attention by Muhammad Anwar, who is a leading researcher in (2) the field of Pakistani Muslims. In his book The Myth of Return, published in 1979, he provided evidence that Muslims had started to settle down in Britain in the 1970s, and that a short stay for purely financial reasons was already a ‘myth’. -
Constructive Friction Or Petty Turf Wars? Organisational Resistance to the Integration of Defence, Diplomacy and Development
European Security and Defence Forum Workshop 2: New Transnational Security Challenges and Responses Constructive Friction or Petty Turf Wars? Organisational Resistance to the Integration of Defence, Diplomacy and Development Andrea Baumann D.Phil candidate, University of Oxford 11 November 2009 This paper was presented at the European Security and Defence Forum (ESDF) organized by Chatham House. Chatham House is not responsible for the content of this paper. The views expressed in this document are the sole responsibility of the author(s) and do not necessarily reflect the view of Chatham House, its staff, associates or Council. Chatham House is independent and owes no allegiance to any government or to any political body. It does not take institutional positions on policy issues. This document is issued on the understanding that if any extract is used, the author(s)/ speaker(s) and Chatham House should be credited, preferably with the date of the publication or details of the event. Where this document refers to or reports statements made by speakers at an event every effort has been made to provide a fair representation of their views and opinions, but the ultimate responsibility for accuracy lies with this document’s author(s). The published text of speeches and presentations may differ from delivery. ESDF Workshop 2: Constructive Friction or Petty Turf Wars? INTRODUCTION The risk of state failure and the multiple sources of instability associated with it – the availability of ‘ungoverned space’ for criminal and terrorist elements, generations of unemployed and uneducated youth, low economic growth as well as wider regional repercussions – have come to be perceived as major security challenges in the twenty-first century. -
ISIS Leader Joins Peace Process with His 11 Fighters
2 Main News Page Suicide Bomber Surrenders to ISIS Leader Joins Peace Afghan Forces: Silab Corps JALALABAD - A suicide bomber has surrendered to the Afghan National Defense and Secu- Process with His 11 Fighters rity Forces (ANDSF) personnel in eastern Nangarhar province KABUL - A local leader of the of Afghanistan, the 201st Silab Islamic State of Iraq and Syria Corps of the Afghan National (ISIS) terrorist group’s offshoot Army (ANA) forces said Mon- in Afghanistan has joined peace day. process in Nangarhar province. A statement by the 201st Silab Provincial governor Ataullah Corps said the suicide bomber Khogyani told reporters that identified as Ahmad son of Feroz Tawiz Khan joined peace pro- surrendered to security forces in cess with his 11 fighters due to Nangarhar province on Sunday. arrested before he manage to the ongoing efforts to attract the The statement further added that carry out an attack on the provin- anti-government armed militant Ahmad is originally a resident cial police commandment.The groups to reconciliation process. of Syed Karam district of Paktia provincial governor spokesman Khogyani further added that the province and he surrendered to Ataullah Khogyani said a suicide reconciliation process is being the security forces and handed bomber who was willing to car- led by the Afghan Intelligence, over his explosives laden vest to ry out an attack on police com- National Directorate of Security the security personnel. mandment was arrested by the (NDS). This comes as the local officials security forces from Jandarma He said the group was previ- in Nangarhar province said ear- bridge located close to the police ously conducting anti-govern- lier that the suicide bomber was commandment compound. -
Pakistan in the Danger Zone a Tenuous U.S
Pakistan in the Danger Zone A Tenuous U.S. – Pakistan Relationship Shuja Nawaz The Atlantic Council promotes constructive U.S. leadership and engagement in international affairs based on the central role of the Atlantic community in meeting the international challenges of the 21st century. The Council embodies a non-partisan network of leaders who aim to bring ideas to power and to give power to ideas by: 7 stimulating dialogue and discussion about critical international issues with a view to enriching public debate and promoting consensus on appropriate responses in the Administration, the Congress, the corporate and nonprofit sectors, and the media in the United States and among leaders in Europe, Asia, Africa and the Americas; 7 conducting educational and exchange programs for successor generations of U.S. leaders so that they will come to value U.S. international engagement and have the knowledge and understanding necessary to develop effective policies. Through its diverse networks, the Council builds broad constituencies to support constructive U.S. leadership and policies. Its program offices publish informational analyses, convene conferences among current and/or future leaders, and contribute to the public debate in order to integrate the views of knowledgeable individuals from a wide variety of backgrounds, interests, and experiences. The South Asia Center is the Atlantic Council’s focal point for work on Afghanistan, Pakistan, India, Bangladesh, Sri Lanka, Nepal and Bhutan as well as on relations between these countries and China, Central Asia, Iran, the Arab world, Europe and the U.S. As part of the Council’s Asia program, the Center seeks to foster partnerships with key institutions in the region to establish itself as a forum for dialogue between decision makers in South Asia, the U.S.