Policing Terrorism
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Law Research Paper Series Paper #002 2019
Law Research Paper Series Paper #002 2019 Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation Author: Dr Cian C. Murphy, Bristol Law School This paper is drawn from Zumbansen, ed, Oxford Handbook of Trasnational Law (forthcoming 2019). bristol.ac.uk/law/research/legal-research -papers ISSN 2515-897X The Bristol Law Research Paper Series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically, available for free, for download as pdf files. Copyright remains with the author(s). For any queries about the Series, please contact [email protected]. I. INTRODUCTION Since its first invocation, as a criticism of the French Revolution, the term ‘terrorism’ has been used to refer to threats to legal and political order. The Anglo-Irish political philosopher, Edmund Burke, said the French revolutionaries were ‘Hell-hounds called Terrorists’.1 The revolutionaries themselves wore the term with honour. Robespierre declared that terror is ‘nothing else than swift, severe, inflexible justice; it is therefore an emanation of virtue’.2 These two early uses of the term illustrate its role as a site of conflict about the legitimacy of political violence both by and against state order. And, at least until the end of the twentieth century, political violence – even terrorism – was seen as sometimes capable of justification. Today it is the pejorative meaning that has won out. The ‘-ist suggests a philosophy – but one which comes down to spilling guts and hacking off heads’ and so to be a terrorist is ‘to be accused of being cleaned out of ideas’.3 This, to an extent, is oxymoronic. -
The Post-Caliphate Terror Threat in Europe—And the Need for Continuing U.S
BACKGROUNDER No. 3424 | AUGUST 19, 2019 MARGARET THATCHER CENTER FOR FREEDOM The Post-Caliphate Terror Threat in Europe—and the Need for Continuing U.S. Assistance Robin Simcox merica’s strategy has worked: It took almost KEY TAKEAWAYS four-and-a-half years, but the Islamic State’s self-proclaimed caliphate in Syria and Iraq The Islamist threat to Europe has been A has been dismantled. The last remaining town under reduced, with key ISIS external operations ISIS control, Baghouz in eastern Syria, fell to coalition planners killed and its control of territory broken in Syria and Iraq. and Syrian Democratic Forces in March 2019. The destruction of the caliphate will make the world a safer place. It attracted foreign fighters, served However, the threat has diversified, and as a training ground for a generation of terrorists, and more terrorist attacks are still occurring breathed fresh life into key concepts in Islamist doc- in Europe than before the caliphate trine. Internal ISIS documentation laments a lack of was established. suicide bomber volunteers, weaponry, and financing,1 with despondency and low morale among foreign 2 The next center of gravity for global jihad- fighters from Europe. Some (though by no means ism is unclear. With conflicts simmering all) previously belligerent foreign fighters appear, at across the world, the U.S. and its allies least on the surface, dejected and contrite in inter- must try to get ahead of the threat. views with Western media.3 The foreign fighter flow to Syria has essentially ceased. This paper, in its entirety, can be found at http://report.heritage.org/bg3424 The Heritage Foundation | 214 Massachusetts Avenue, NE | Washington, DC 20002 | (202) 546-4400 | heritage.org Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill before Congress. -
Volunteer Initiatives
COVID-19 RESPONSE: VOLUNTEER INITIATIVES The Prophet Muhammad (peace be upon him) said, “Seek out the vulnerable among you. Verily, you are only given provision and support due to your support of the weak.” (Tirmidhi). With many more people self-isolating, including elderly, single parents, disabled or others who are social/economically vulnerable, there are more and more volunteer initiatives being started by Muslim activists and institutions all across the UK. Check them out below. This document is constantly being updated. Your initiative not here? Email us on [email protected] to get it added! COVID-19 volunteer response initiatives by region: 1. Scotland 2. North East England 3. North West England 4. Yorkshire and the Humber 5. East Midlands 6. West Midlands 7. East England 8. Wales 9. London 10. Greater London 11. South East England 12. Wider Volunteer Initiatives SCOTLAND GLASGOW CENTRAL MOSQUE Assistance for the elderly and those living alone Contact: 01414 293132 | [email protected] VIRAL KINDNESS SCOTLAND Assistance for those in need, fostering connection across Scotland and building an army of volunteers. If you need help, if you know someone who needs help or if you as an individual, group or business wants to offer help, contact: 0800 054 2284 |www.viralkindness.scot Twitter: @ViralKindScot | Facebook: /ViralKindnessScot NORTH EAST ENGLAND NEWCASTLE CENTRAL MOSQUE Assistance in delivering essential food supplies and medicine for the elderly and vulnerable in isolation. Contact: 07426 313662 NORTH WEST ENGLAND BLACKBURN – LAMMACK PRAYER ROOM (MUSALLA) Assistance in shopping/medication collection & delivery, practical support around home and health visits Contact Sabir: 07930 242425 BLACKBURN – MASJID-E-RAZA Assistance with shopping collection and delivery, medication collection and health care visit, friendly phone call to overcome loneliness, friendly children support and practical support at home. -
Salahuddin Amin -V
Neutral Citation Number: [2013] EWHC 1579 (QB) Case No: HQ09X03332 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL Date: 26 June 2013 Before: MR JUSTICE IRWIN - - - - - - - - - - - - - - - - - - - - - Between: SALAHUDDIN AMIN Claimant - and - (1) THE DIRECTOR GENERAL OF THE SECURITY SERVICE [MI5] (2) THE CHIEF OF THE SECRET INTELLIGENCE SERVICE [MI6] (3) THE FOREIGN AND COMMONWEALTH OFFICE (4) THE HOME OFFICE (5) THE ATTORNEY GENERAL Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Patrick O’Connor QC and Danny Friedman QC (instructed by Bhatt Murphy) for the Claimant Rory Phillips QC and Jonathan Hall (instructed by the Treasury Solicitor) for the Defendants Hearing dates: 12 and 13 December 2012 FURTHER SUBMISSIONS MADE IN WRITING: 21 December 2012 and 17 January 2013 - - - - - - - - - - - - - - - - - - - - - OPEN Judgment Approved by the court for handing down Judgment Approved by the court for handing down Amin v DG of Security Service & Ors (subject to editorial corrections) Mr Justice Irwin: Introduction 1. The Defendants seek to strike out the Particulars of Claim in this case as representing an abuse of process. The core point arising is whether the claim represents an unacceptable collateral attack on the rulings of Sir Michael Astill, sitting as a Deputy High Court Judge in the Claimant’s criminal trial at the Central Criminal Court in 2006. Factual Background 2. The Claimant is of dual UK and Pakistani nationality. He was born on 3rd March 1975. From November 2001 to April 2004 he was living in Pakistan. [Redaction] 3. On 3rd March 2004, following advice from his uncle, a retired Pakistani brigadier, the Claimant surrendered himself voluntarily to the Pakistani authorities. -
Medina in Birmingham, Najaf in Brent
MEDINA IN BIRMINGHAM, NAJAF IN BRENT INNES BOWEN Medina in Birmingham, Najaf in Brent Inside British Islam HURST & COMPANY, LONDON First published in the United Kingdom in 2014 by C. Hurst & Co. (Publishers) Ltd., 41 Great Russell Street, London, WC1B 3PL © Innes Bowen, 2014 All rights reserved. Printed in the USA Distributed in the United States, Canada and Latin America by Oxford University Press, 198 Madison Avenue, New York, NY 10016, United States of America. The right of Innes Bowen to be identified as the author of this publication is asserted by her in accordance with the Copyright, Designs and Patents Act, 1988. A Cataloguing-in-Publication data record for this book is available from the British Library. ISBN: 978-1849043014 www.hurstpublishers.com This book is printed using paper from registered sustainable and managed sources. CONTENTS Acknowledgements vii Glossary ix Introduction 1 1. The Deobandis: The Market Leaders 11 2. The Tablighi Jamaat: Missionaries and a Mega Mosque 35 3. The Salafis: ‘Don’t call us Wahhabis!’ 57 4. The Jamaat-e-Islami: British Islam’s Political Class 83 5. The Muslim Brotherhood: The Arab Islamist Exiles 101 6. The Barelwis: Sufis and Traditionalists 115 7. The Shia ‘Twelvers’: Najaf in Brent 135 8. The Ismailis: The Dawoodi Bohras and the Followers of the Aga Khan 165 Notes 187 Index 211 v ACKNOWLEDGEMENTS This book could not have been completed were it not for the help of those whom it is about: the followers of Britain’s most important Islamic networks. I am grateful to the many individuals who made time to be interviewed and trusted me to tell their stories. -
The Perilous Dialogue
The Perilous Dialogue Laura K. Donohuet Five months before his retirement, Justice William Brennan wrote in a dissent: "the Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be pre-existing."1 Professor Stephen Holmes reminds us in his lecture that such rights and liberties do not impede progress: they embody it. 2 The rules preserving rights and liberties can help to focus action by bringing clarity to the present, while still preserving a long- term political perspective. Yet, time and again, both these rights and the rules designed to protect them are sacrificed in the name of national security. The master metaphor in each sacrifice is, indeed, "security or freedom," and it is on this metaphor that I would like to focus. It dominates the counterterrorist discourse both in the United States and abroad.3 Transcripts from debates in Ireland's Ddil 1tireann, Turkey's Bilyilk Millet Meclisi, and Australia's Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. 4 However, owing in part to different Copyright © 2009 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t Fellow, Constitutional Law Center, Stanford Law School. Special thanks to the Brennan Institute for their invitation to participate in the series, to Stephen Holmes and Paul Schwartz for their comments at the lecture, and to Aaron Gershbock at the California Law Review for his excellent editorial assistance. -
ABSTRACT Title of Document: ROBOTICS and the FUTURE OF
ABSTRACT Title of Document: ROBOTICS AND THE FUTURE OF INTERNATIONAL ASYMMETRIC WARFARE Nicholas Grossman, Doctor of Philosophy, 2013 Directed By: Professor George Quester, Department of Government and Politics In the post-Cold War world, the world's most powerful states have cooperated or avoided conflict with each other, easily defeated smaller state governments, engaged in protracted conflicts against insurgencies and resistance networks, and lost civilians to terrorist attacks. This dissertation explores various explanations for this pattern, proposing that some non-state networks adapt to major international transitions more quickly than bureaucratic states. Networks have taken advantage of the information technology revolution to enhance their capabilities, but states have begun to adjust, producing robotic systems with the potential to grant them an advantage in asymmetric warfare. ROBOTICS AND THE FUTURE OF ASYMMETRIC WARFARE By Nicholas Grossman Dissertation submitted to the Faculty of the Graduate School of the University of Maryland, College Park, in partial fulfillment of the requirements for the degree of Doctor of Philosophy 2013 Advisory Committee: Professor George Quester, Chair Professor Paul Huth Professor Shibley Telhami Professor Piotr Swistak Professor William Nolte Professor Keith Olson © Copyright by Nicholas Grossman 2013 Dedication To Marc and Tracy Grossman, who made this all possible, and to Alyssa Prorok, who made it all worth it. ii Acknowledgements Thank you to my dissertation committee for all the advice and support, Anne Marie Clark and Cissy Roberts for making everything run smoothly, Jacob Aronson and Rabih Helou for the comments and encouragement, Alyssa Prorok for invaluable help, and especially to George Quester for years of mentorship. -
POLICE FOUNDATION REPORTS October 1992
POLICE FOUNDATION REPORTS October 1992 Spouse Abuse Research Raises New Questions About Police Response to Domestic Violence Introduction by Hubert Williams President, Police Foundation Of all calls for service to police departments, those for reported spouse everal replications of a study abuse traditionally rank among the most numerous. The magnitude of finding that arrest of spouse the domestic violence problem is wide and deep. Indeed, for all the cases Sassault suspects helped that are reported, it is probable that many more go unreported. prevent repeat assaults have shown mixed results. A number of the For many years, police officers who responded to these calls often felt a replications found no deterrent sense of frustration knowing when they left the scene that they might effect of arrest, while a Police soon have to return to confront again the pain and humiliation of the Foundation replication seems to domestic violence situation. There were no clear answers to handling reinforce the original findings. these cases, no way to assure that the violence would cease. Close examination of the foundation’s research, however, may In recognition of this, the National Institute of Justice funded a Police point to different policy conclusions Foundation study several years ago to see if police treatment of offenders than those suggested by the earlier had an impact on recidivism. The study, conducted in Minneapolis, was study. the first in the history of policing that permitted experimentation with officers’ responses to a situation involving a specific offense. Police That 1984 study, conducted by the Foundation researchers found that arrest of the suspect was more Police Foundation in Minneapolis, effective in deterring future violence than were counseling or sending the found that arrest was a more suspect away from home for several hours. -
THE CASE for CHANGE a Review of Pakistan’S Anti-Terrorism Act of 1997
THE CASE FOR CHANGE A Review of Pakistan’s Anti-Terrorism Act of 1997 October 2013 A Report by the Research Society of International Law, Pakistan i PROJECT RESEARCHERS ISLAMABAD DIVISION Jamal Aziz Muhammad Oves Anwar LL.B (London), LL.M (UCL) LL.B (London), LL.M (SOAS), LL.M (Vienna), D.U. (Montpellier) Saad-ur-Rehman Khan Abid Rizvi LL.B (London), LL.M (Manchester) BA-LL.B (LUMS), LL.M (U.Penn) Aleena Zainab Alavi Zainab Mustafa LL.B (London), LL.M (Warwick) LL.B (London) LAHORE DIVISION Ali Sultan Amna Warsi J.D. (Virginia) LL.M (Punjab) Ayasha Warsi Moghees Khan LL.M (Punjab) LL.B (London), LL.M (Warwick) Mishael Qureshi LL.B (Lond.), LL.M (Sussex) INTERNS Muhammad Bin Majid Muhammad Abdul Ghani Awais Ahmad Khan Ghauri This material may not be copied, reproduced or transmitted in whole or in part without attribution to the Research Society of International Law (RSIL). Unless noted otherwise, all material is property of RSIL. Copyright © Research Society of International Law 2013. ii CONTENTS SUMMARY OF RECOMMENDATIONS .......................................................................................... IX CHAPTER ONE ....................................................................................................................................... 7 TERRORISM IN THE PAKISTANI CONTEXT .................................................................................. 7 1.1 TRENDS IN TERRORISM ........................................................................................................... 7 1.2 THE ANATOMY OF TERRORISM -
Render Unto Caesar Remains, Despite Being Approved for at Release in 2007
E 2002 to Guantánamo where he Render unto Caesar remains, despite being approved for AT release in 2007. He cannot be ST deported to his native Algeria, where Scott Poynting details the British state’s he faces certain torture, and the UK involvement in kidnapping and torture. has meanwhile rejected his asylum application. Former British resident Farhi Saeed bin Mohammed was BRITISH seized in Pakistan in December 2001 he violence of the British state previously because of ‘record errors’ after fleeing Afghanistan, rendered to in the global ‘war on terror’ is a (The Sunday Times, 21 February Guantánamo in February 2002, and THE Tform of state crime, but as 2008). incriminated by evidence of Binyam these crimes are largely committed Instances of British security Mohamed under torture (see below). OF as a ‘junior partner’ in the unlawful services’ abetting foreign intelligence He won a habeas corpus case in violence of a US-led empire’s agencies to seize ‘suspect’ British 2009, but cannot be repatriated to counter-terrorism, they are better citizens and residents usually only his birthplace Algeria for likelihood understood as ‘empire crime’. This come to light with allegations about of torture there and remains article considers three levels of mistreatment or torture: that is, with incarcerated in Guantánamo. complicity by the British state with the second level of complicity. The Other cases, which space precludes detailing here, include VIOLENCE such empire crime. The first level is ‘we didn’t know’ defence is often the willing facilitation of state deployed by the state in these cases, Bisher al-Rawi, Jamil el-Banna, kidnapping, either through as with the servicing of rendition Richard Belmar, Omar Deghayes, intelligence advice identifying flights, but is less credible here in and Martin Mubanga, all of whom, ‘terrorism suspects’ for unlawful cases of countries and security with Binyam Mohamed, are suing arrest, or by providing landing and services with well-known records of the British government for abuse and refuelling for clandestine flights torture. -
High Court Judgment Template
Neutral Citation Number: [2020] EWHC 3458 (QB) Case No: HQ09X03608 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL Date: 16/12/2020 Before: MR JUSTICE GARNHAM - - - - - - - - - - - - - - - - - - - - - Between: RANGZIEB AHMED Claimant - and - (1) DIRECTOR GENERAL OF SECURITY SERVICE (2) CHIEF OF THE SECRET INTELLIGENCE SERVICE (3) SECRETARY OF STATE FOR FOREIGN, Defendants COMMONWEALTH AND DEVELOPMENT AFFAIRS (4) SECRETARY OF STATE FOR THE HOME DEPARTMENT (5) HER MAJESTY'S ATTORNEY -GENERAL (6) CHIEF CONSTABLE OF GREATER MANCHESTER POLICE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Richard Hermer QC and Joanna Buckley (instructed by Bhatt Murphy) for the Claimant Rory Phillips QC and Dan Pawson-Pounds (instructed by Government Legal Department) for the 1st - 5th Defendant Anne Whyte QC instructed by (Greater Manchester Police) for the 6th Defendant Hearing dates: 27th & 28th October 2020 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and others, and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down is deemed to be 10:00am on 16 December 2020. 1 MR JUSTICE GARNHAM Ahmed v DG SS and Ors Approved Judgment Mr Justice Garnham: Introduction 1. On 18 December 2008, in the Crown Court at Manchester, before Saunders J and a jury, Rangzieb Ahmed was convicted of a series of terrorist offences. Those offences included directing a terrorist organisation contrary to s.56 of the Terrorism Act 2000, membership of a terrorist organisation contrary to s.11 of that Act, and possession of terrorist articles contrary to s.57. -
Transition in Afghanistan: Filling the Security Vacuum – the Expansion of Uighur Extremism?
Sources of Tension in Afghanistan and Pakistan: A Regional Perspective Transition in Afghanistan: Filling the Security Vacuum – The Expansion of Uighur Extremism? Raffaello Pantucci and Edward Schwarck May 2014 CIDOB Policy Research Project CIDOB BARCELONA CENTRE FOR INTERNATIONAL AFFAIRS With support from TRANSITION IN AFGHANISTAN: FILLING THE SECURITY VACUUM – THE EXPANSION OF UIGHUR EXTREMISM? Raffaello Pantucci and Edward Schwarck Raffaello Pantucci is Senior Research Fellow at the Royal United Services his paper aims to map out as clearly as possible the current threat Institute for Defence and Security from Uighur extremist groups in Afghanistan and Pakistan, and as- Studies (RUSI). His research focuses on certain whether these groups will develop into a regional threat terrorism and China’s relations with T Central and South Asia. over the next few years. Edward Schwarck is Research Fellow It will be argued that Uighur Sunni-jihadist groups in Afghanistan and Pa- and Head of the Asia Programme at the Royal United Services Institute for kistan are unlikely to be able to fill the security void in either country after Defence and Security Studies (RUSI). His the West’s withdrawal. Traditionally, these groups have struggled to gain research centres on domestic security in China – particularly in Xinjiang – and traction within the global jihadist community. China has also done an ef- Chinese foreign policy in the Asia- fective job of building regional relationships that means local governments Pacific region. would block their ascension into power. Furthermore, the number of Ui- ghur militants remains marginal, suggesting that, at worst, they might be able to take control of some small settlements.