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ISSUE NO. 1 | DECEMBER 2003 IN THIS ISSUE: 1 AL QAEDA AND THE NYU REVIEW OF THE TERRORIST THREAT LAW AND SECURITY APUBLICATIONOF THE CENTER ON LAW AND SECURITY AT NYU SCHOOL OF LAW Table of The Center on Contents COLLOQUIUM Overview Law and Security page 2 New York University School of Law’s Center on Law and Security is a study and policy program established to examine the legal dimensions of counterterrorism Rohan Gunaratna, “The Future of Al Qaeda” and peace keeping at the national and international levels. pages 2-5 The Center’s main initiative for Fall 2003 was its Program on Law and Security. Daniel Benjamin, “Fundamental The Program convenes policy makers, academics, and law enforcement officials to Issues in Counterterrorism” discuss and make recommendations on a wide range of security issues, among them: pages 5-6 • Transformations in legal procedures in the wake of September 11 William Wechsler, • Regulatory reform in the matter of information sharing among law “On Terrorist Financing and the USA PATRIOT Act” enforcement agencies page 6 • The role of international organizations in rebuilding Iraq • Democracy and FALL EVENTS Noah Feldman, • Preparedness in and other urban areas nationwide and abroad “Reflections on Iraq” • International codes for apprehension and punishment of terrorists pages 7-8 • Bioterrorism and legal restrictions on scientific research Fall Conference, “Are We Safer? • Secrecy in government and among nations Transformations in Security After September 11” pages 8-9 In This Issue REGULAR FEATURES Issue One is focused upon Al Qaeda, the terrorist organization held responsible for Updates on Terrorist Trials pages 6-7 the . In its pages, some of the world’s leading experts address Student Summer Internships the security lessons learned from September 11 and make recommendations for page 9 future security strategies. Rohan Gunaratna, author of Inside Al Qaeda: Global Network Book Reviews and of Terror, assesses the new kinds of threats from Al Qaeda and other terrorist organi- Recommended Readings zations; Daniel Benjamin, co-author of The Age of Sacred Terror, offers recommenda- pages 10-11 tions for U.S. foreign policy in its efforts to stem the tide of ; and William Profiles page 11 Wechsler, expert on terrorist financing, assesses the banking regulations of the USA PATRIOT Act. In addition, our regular features include: Updates on Terrorist Trials; News Digests from and the on the war in Iraq; and Profiles in Brief. 2 About the Colloquium The Center for Law and Security hosts a col- loquium each Monday afternoon. Present are law students, Professors Richard Pildes and

Stephen Holmes, a number of interested Alongside Professors Pildes and Holmes, Rohan Gunaratna assesses the threat of Al Qaeda. members of the School of Law faculty and a handful of guests. Each week participants detention. Further, the colloquium partici- Counterterrorism in Israel. He led the team delve into the issues and current state of the pants examined the delicate balance between that designed and built the U.N. database on debate over a specific topic, ranging from ter- national security and liberty, exploring the Al Qaeda, the Taliban, and its entities. rorist financing to the USA PATRIOT Act to USA PATRIOT Act and its more controver- Mr. Gunaratna contends that Al Qaeda the rebuilding of Iraq. The fall semester speak- sial sections, such as Article 215 which allows has been reduced to a third or less of its size as ers included Robert Baer, author of Sleeping access to personal and financial records of sus- of September 11, 2001. However, other, small- With the Devil; Jack Goldsmith, Assistant U.S. pected terrorists. Scholars on the Middle East er terrorist organizations have developed at the Attorney General, Office of Legal Counsel; explored the ways in which U.S. policy has same time, some actually related to Al Qaeda, Debra Livingston, Professor of Law, Columbia maneuvered between terrorism as a crime and although only by self-definition if not neces- University; Bruce Hoffman, the RAND terrorism as an act of war and analyzed the sarily by actual connection. Mr. Gunaratna Corporation; and many others, among them legal ramifications of each stance. contends that the war in Iraq interrupted the the authors of the excerpts that follow. Below are some examples of the colloqui- pace of the disruption of the Al Qaeda net- A number of themes emerged from the um’s proceedings: work by damaging our relationship with coun- colloquium meetings. Discussions elucidated Rohan Gunaratna: Mr. Gunaratna, tries and sources of information. many of the complexities that law enforcement author of the best-selling Inside Al Qaeda: agencies and policy makers face in the wake of Global Network of Terror,is considered the lead- THE FUTURE OF AL QAEDA September 11. For example, in the realm of ing expert on Al Qaeda and its affiliates. He Ideological Threat law enforcement, the focus on terrorism shifted advises numerous local, national, and interna- More than the organization itself, the ideology policies to include not only pursuit of crimi- tional policing agencies and policy institutes of Al Qaeda remains a resilient threat. Although nals after a crime has been committed but and is currently the head of Terrorism Al Qaeda can still mount operations, with the additional means of crime prevention; an Research, Institute for Defense and Strategic increase in pressure Al Qaeda will become rele- approach which entails an added emphasis on Studies in Singapore, and an honorary fellow gated to an ideology. As Al Qaeda increasingly surveillance as opposed to apprehension and at the International Policy Institute for depends on like-minded groups to conduct attacks, other Islamist groups will become more like Al Qaeda. For instance, Mas Salamat Kasthari, the Chief of Jemmah Islamiyah ( JI) of news excerpts Singapore was planning to hijack an Aerofloat plane from Bangkok and crash it to the Changi International Airport in Singapore in 2002. The FROM CHINA tactic of using an air vehicle as a weapon was an “The situation in Iraq is a sword over the head of President Bush.” Al Qaeda invention. Furthermore, the killing of 202 civilians in Bali by the same group was not Renmin Ribao, China, September 18, 2003 Southeast Asian in character. Southeast Asia had never witnessed a mass fatality terrorist “Iraq’s oil deposits are plentiful and easily accessible. This is directly related attack before. Likewise, the JI attack in Bali to China’s resource security.” witnessed the first suicide attack by a Southeast Asian terrorist. During the past decade, JI and Diqui Zazhi, September 30, 2003, reprinted in Renmin Ribao other associated Islamist groups had come under Al Qaeda influence in a substantial way. “In addition to oil and trade, China and Iraq have developed widespread, Traditionally, with better trained, more experienced and highly committed operatives, lasting cooperation in chemicals, transportation, and engineering.” Al Qaeda wanted to attack more difficult tar- Diqui Zazhi, September 30, 2003, reprinted in Renmin Ribao gets especially strategic targets, and leave the easier and tactical targets to its associated groups. With Al Qaeda decentralizing, its oper-

THE REVIEW OFLAWANDSECURITY| DECEMBER 2003 3

atives are working together closely at a tactical world. While the immediate (one to two years) FROM CHINA level with these other groups. As a result, the consequences are apparent, the mid-(five years) lethality of the attacks conducted by the associ- and long-term (ten years) consequence of Iraq is a hotspot for great power ate groups of Al Qaeda is increasing. As Bali in fighting primarily an ideological campaign mil- 2002 and Casablanca in 2003 demonstrated, itarily is yet to be seen. All indications are that politics, so China must actively the attacks conducted by the associate groups — whether it is in Turkey, , of Al Qaeda can be as lethal as the attacks con- Malaysia, or in Indonesia — is moving from assert its interests there. China ducted by the parent group itself. With attacks the periphery to the center. U.S. intervention in conducted by Al Qaeda’s associated groups Iraq has spiked the ideological fuel prolonging needs Iraqi oil and trade, and should posing a threat as great as Al Qaeda itself, the the strength, size and life of Islamist political push for greater U.N. involvement. theatre of war will widen. Government security parties and terrorist groups. and intelligence agencies will be forced to mon- Iraq must be returned to the Iraqi itor the technologies, tactics and techniques of Successes and Failures a wide range of organizations. The greatest failure of the U.S.-led coalition is people. Many countries want recon- Especially after the U.S.-led coalition its lack of capability to neutralize the core lead- intervened in on October 7, ership of both Al Qaeda and the Islamic struction to be multilateral, but they 2001, Iraq is an attractive base for Al Qaeda. Movement of the Taliban. While preparations The Islamists desperately need a new theater for protracted guerrilla operations against the are unwilling to commit resources to produce psychologically and physically coalition forces inside Afghanistan are coordi- war-trained operatives. nated by the Taliban leader Mullah Mohammed to the effort. Rather than risk being Although branded a “War against Omar, terrorist operations worldwide including shut out of the lucrative Iraqi recon- Terrorism” by the U.S., the fight is in reality in Afghanistan are coordinated by Osama bin against a radical ideology which produced Laden and his deputy, principal strategist and struction market, China should work Muslim youth willing to kill and die and designated successor Dr. Ayman al-Zawahiri. for international cooperation and “ THE FIGHT IS IN REALITY AGAINST A RADICAL IDEOLOGY WHICH pledge resources to reconstruction. PRODUCES MUSLIM YOUTHS WILLING TO KILL AND DIE. In the Great Power struggle that is

” going on now in the Middle East, wealthy Muslims willing to offer support and Multiple sources, including the CIA, make it China must represent Arab interests suffer incarceration. For the Al Qaeda umbrella clear that both bin Laden and al-Zawahiri are — the World Islamic Front for Jihad Against alive. Furthermore, they remain active, as evi- and cooperate to ensure peace in the Jews and the Crusaders — the fight is denced by al-Zawahiri’s reference to suicide against a civilization. The reality is that it is a attacks on the oldest Jewish synagogue in North the Middle East. fight between the vast majority of progressive in Djerba, Tunisia, killing 21 including Muslims and the miniscule percentage of radi- 14 German tourists on April 11, 2002, and the From Diqui Zazhi, September 30, 2003, cal Muslims. It is not a clash of civilizations killing of 14 including 11 French naval techni- reprinted from Renmin Ribao: Ming Jian, but a clash among civilizations — a fight that cians working on the submarine project outside must essentially be fought within the Muslim Sheraton Hotel in , Pakistan, on May 9, “The Iraq Problem and China’s Interest” 2002. Members of the former Army of the (Translated by Chris Barr) Islamic Emirate Afghanistan loyal to Mullah Omar and Al Qaeda’s 055 Brigade that survived death or capture are supporting or engaged in guerrilla and terrorist operations against the U.S. led coalition both inside and outside Afghanistan respectively. Mullah Omar is build- news digest ing a clandestine network slowly and steadily in Afghanistan utilizing its vast and porous bor- ders to wage a protracted campaign of sustained urban warfare. Bin Laden and al-Zawahiri are also developing targets overseas, especially soft Professors David Golove and Richard Pildes discuss targets with a twin focus on population centers security and liberty at the student colloquium. and economic targets. 4

The Directors of the Center on Law and Security, from left to right: Noah Feldman, Karen J. Greenberg, David Golove, Stephen Holmes and Richard Pildes.

Change of Mindset mind of the USS Cole operation and a key Al the rate of production of Islamists is greater To make it difficult for its enemies, Al Qaeda Qaeda leader in the region. To meet the cur- than the rate of their kill or capture. Into the has constantly innovated its military tactics, rent threat, the Pentagon has increased its counterterrorism toolbox, the powerful mes- financial methods, and propaganda techniques intelligence capability and the CIA has sage that Al Qaeda is not Koranic but hereti- in the past year. Al Qaeda — focusing on strate- increased its paramilitary capability. In the cal has not been integrated. As such there is gic targets prior to September 11 — is operating foreseeable future, human intelligence and popular support for the Al Qaeda model of across the entire spectrum targeting both strate- covert strike forces will remain at the heart of Islam among the politicized and radicalized gic and tactical targets. Although the West fighting secret and highly motivated organiza- Muslims. As there is no effort to counter or seized $150 million of terrorist money in the tions like Al Qaeda. It is critical for the U.S. dilute the ideology of extremism, the military first four months after September 11, with the to increase its sharing of intelligence especially campaign against Al Qaeda, even if pursued transformation of Al Qaeda financial practices, with their Middle Eastern and Asian counter- single-mindedly and unrelentingly, is likely to only about $10 million has been seized. With parts. Traditionally, the U.S. has been averse take decades. The deep reservoir of hatred the targeting of the above ground open banking to sharing high-grade intelligence especially and a desire for revenge will remain unless the U.S. can start to think beyond the counter- terrorist military and financial dimensions. THE RATEOFPRODUCTIONOFISLAMISTSISGREATERTHATTHE The international community must seek “ to build a zero tolerance level for terrorist RATE OF THEIRKILLORCAPTURE. support activity. The tragedy of September 11, ” Bali, Moscow, Riyadh, Casablanca, and several other attacks demonstrate that contemporary system, the underground unregulated banking source based intelligence with the Muslim terrorists are indiscriminate. As terrorists do network (hawala) has grown bigger. With World. This has changed somewhat since not recognize and respect ethnicity, religion, mosques, madrasas, charities and community September 11 but not enough. or national borders, terrorism irrespective of centers that disseminate Islamist propaganda If Al Qaeda is to be defeated, a change in location should be fought. There is no appease- coming under threat, Al Qaeda is increasingly the thinking of the U.S. led “War of Terrorism” ment with those who seek to advance their relying on the Internet. As Al Qaeda is a learn- is paramount. Despite the U.S.-led coalition political aims and objectives using violence. ing organization, the law enforcement and campaign worldwide, the World Islamic Front Like Indonesia, countries that condone, toler- security and intelligence fighting it must be for Jihad Against the Jews and Crusaders has ate or fail to take tough action against terror- goal-oriented and not rule-oriented. managed to repair the damage to their sup- ism will be touched by it. It is not only the With the terrorists adapting to the threat port and operational infrastructure. As no countries in the South but even countries in posed by government law enforcement authori- serious international effort has been made to the North have been complacent in the fight ties, government security and intelligence agen- counter the Islamist ideology (the belief that against terrorism. The $150 million seized by cies are increasing their human and technical “every Muslim’s duty is to wage Jihad”) the the West following September 11 only reflects source penetration. Capabilities for terrorist robust Islamist milieu is providing recruits the magnitude of terrorist wealth in liberal tracking, and disruption of terrorist operations, and financial support for Islamist groups democracies. Although Al Qaeda support net- is increasing. For instance, an Al Qaeda team worldwide to replenish their human and work has suffered in the U.S., its propaganda, travelling in their vehicle in Yemen’s northern material losses. On a given day, two to four Al recruitment, and fundraising activities are still Province of Marib was attacked by a hellfire Qaeda and Taliban members are captured or continuing in Europe. Despite efforts to the missile from the CIA-controlled unmanned killed in Afghanistan. By the end of the week contrary, segments of Muslims in the migrant Predator drone on November 4, 2002. The the Islamists are successful in attracting a communities of North America, Western attack killed Ali Senyan al-Harthi alias Qaed dozen recruits as members, collaborators, sup- Europe, and Australia, and territorial commu- Senyan al-Harthi alias Abu Ali, the master- porters and sympathizers. To put it crudely, nities of the Middle East and Asia continue to

THE REVIEW OFLAWANDSECURITY| DECEMBER 2003 5 provide support to Al Qaeda and other FUNDAMENTAL ISSUES that external forces are what oppresses Islamist groups. As Europe has not suffered IN COUNTERTERRORISM Muslims. Specifically that means a dialing a large-scale attack, Europeans do not per- DANIEL BENJAMIN back of the anti-Americanism and the anti- ceive Al Qaeda as a grave threat. As a result, SPEAKS OUT Semitism that is staple of the government Islamist support activities are continuing in Daniel Benjamin is a senior fellow at the owned press, and also in the schools. . With the increase in threat, Center for U.S. Security Studies at the Inter- both governments and their publics that do national Institute for Security Studies. Under Finally, there needs to be measured steps not take threat information seriously are the Clinton administration, he was the director 5 toward democratization. I’m not sure this bound to suffer. of counterterrorism at the National Security can be done easily, but again, we need to start Council from 1998-99. He was one of the somewhere. The regimes as they exist now are Managing the Threat individuals concerned about the threat of ter- incubators of radicalism and we can no longer Al Qaeda has had a head start of ten years. rorist organizations to U.S. national security go by the old bargain in which the United Until one month after U.S. diplomatic tar- for many years prior to the September 11 States allows these countries to do as they want gets in East Africa was destroyed by Al Qaeda attack. Below is an excerpt from his remarks so long as they can’t undermine the Middle in August 1998, the U.S. intelligence com- before the colloquium. East peace process or undermine our security munity did not know the correct name of arrangements in the Gulf. When I say we need ’s group. However, during * * * to emphasize democratization, I do think we the past two years the understanding of the “I think we need to focus on five different need to take small steps, because if we take big U.S. intelligence community of its principal things that are going to serve us in our foreign ones we’ll wind up with exactly the outcome enemy — Al Qaeda — has grown dramati- policy. And none of these, I should add, are we don’t want, which is a Jihadist state. We cally. The tragedy of September 11 has em- military because while there may be military could wind up that way not necessarily because powered the Counter Terrorism Center at opportunities...we need to think about the the people in these countries want such a thing the CIA to develop the much-needed organ- things that are going to stop the drift into but because the only organized opposition in ization and more importantly the mindset radicalism that we see in so many countries. these countries tends to be the Islamists. And to hunt Al Qaeda. Largely due to detainee in the era when weapons of mass destruction debriefings, the West today understands the The ticket for admission for everything is are increasingly accessible, threat it faces much better than ever before. 1going to be the re-invigoration of the that would be a very bad The U.S. government, especially its security Middle East peace process, however awful the outcome. Nonetheless, we and intelligence community, has learned at circumstances are right now. America is not need to make it clear to a remarkable pace. There is a tremendous viewed as a legitimate interlocuter in the region these non-Jihadist govern- improvement in collection and analysis by by most people so we are destined to remain ments that their future lies both the CIA and the FBI. For instance, im- in the kind of log jam we are in now. I have with opening up their society mediately before the Yemeni, Kuwaiti, and no illusions. I don’t think we’re going to resolve some and allowing for more Bali attack, the CIA and FBI alerted friendly things any time soon. But unless the United political voices. The State counterpart agencies and the U.S. State States is vigorously involved, we lose credibility. Department has a very small Department issued worldwide alerts. The program so far that is sup- Daniel Benjamin West together with its Middle Eastern and I think there needs to be a more concerted posed to grow in the coming Asian counterparts seriously started to fight 2 effort to promote economic liberalization years (but my guess is that most of the financ- Al Qaeda only after September 11 and Al in the region. Additionally, the economics and ing is being crowded out by the Iraq campaign) Qaeda has suffered gravely. The global strat- demographics in the Islamic world are cata- that supports the empowerment of entrepre- egy of the West to meet the global threat strophic. Liberalization will make changes only neurs, women, and other groups within the posed by Al Qaeda is taking shape slowly but at the margins, but you have to start somewhere. society, who could be the basis for a better steadily. Like it contained the Soviet threat polity. So far, the governments have embraced in the second half of the 20th century, it will We need more talk about reforming edu- these policies only half-heartedly. develop an organization and a doctrine to 3 cation in many of these countries so that We also have to recognize that if we’re contain the Islamist threat. With sustained parents don’t feel that the only option for deal- going to do any of these things, we need efforts to target the core and penultimate ing with their children is to put them into reli- allies. The Iraqi experience shows just how leadership, it is very likely that the Al Qaeda gious schools where they will get shelter and much America is viewed as a toxic presence echelon Osama bin Laden, Dr. Ayman Al food, but also an education that doesn’t fit in the region. Unless there is a fair amount Zawahiri and even the Taliban leader Mullah them for a global economy but rather, for a of Western solidarity in doing this, we will Omar will be captured or more likely killed. global Jihad. get nowhere. The U.S. has used up most of Nonetheless, Islamist terrorism will outlive its political capital in the region to keep gov- Al Qaeda and Islamism as an ideology will There needs to be more pressure put on ernments from actively opposing our policy persist in the foreseeable future. 4 governments in the region to end the in Iraq and so we will have to reinvigorate incitement and the furtherance of this idea our alliances and take these first steps jointly.” 6

ON TERRORIST FINANCING AND THE USA PATRIOT ACT Update on WILL WESCHLER GIVES HIS POINT OF VIEW Terrorists Trials William Wechsler is one of the world’s leading authorities on terrorist financing. In 2002, he UNITED STATES co-directed, along with Lee Wolosky, a Council January 2003: . on Foreign Relations Independent Task Force Convicted on charges related Report on terrorist financing. His work involves to attempted use of weapons tracing the legal and illegal financial networks of mass destruction. Pled guilty to eight February 2003: Mounir el-Motassadeq. used to support terrorist activities in the United felony counts. Sentenced to three life sen- Charged with 3000 counts of accessory to States and around the world. He remains opti- tences plus 110 additional years in prison. . Mounir operated out of , mistic about the possibility of using banking Fined two million dollars. Prosecutor: Gerard . Sentenced to 15 years. Prosecutor: security legislation at home and in foreign coun- Leone, Jr. Judge: William Young. Kay Nehm. Judge: Albrecht Mentz. tries to disrupt and prevent terrorist activities. Below is an excerpt from his talk. May 2003: Jamal Badawi and Fahd Quso. July 2003: Shadi Mohd Mustafa Abdellah. Charged as accessories to the bombing of the Charged with plotting terrorist attacks against * * * USS Cole. Escaped from Yemeni prison. Germany, passport forgery and membership in “There are three types of financial provisions in a terrorist organization. A personal body guard the USA PATRIOT Act : November 2003: Zacarias Moussaoui. of Osama bin-Laden. Ruled fit to stand trial. 1) Law enforcement/investigatory matters. Charged with conspiracy in September 11 Prosecutor: Dick Ferholz. Judge: Ottmar These provisions make terrorism financing for- attack. Death penalty sought. Trial ongoing. Breidling. mally a predicate offense to money laundering, DOJ has said it will dismiss indictment in which is important on a order to move the case into the appeals court. September 2003: . technical level. Judge revoked privilege to represent himself. Charged with 3066 counts of accessory to 2) Regulatory require- Prosecutor: Kenneth M. Karas. Judge: Leonie murder and aiding a terrorist organization. ments regarding money M. Brinkema. Abdelghani said to be involved in planning and laundering regimes that cover up of others’ involvement in September 11 encapsulate all types of GERMANY attack. Close friend of Mohammed Atta, Ramzi financial services and insti- April 2002: Lamine Maroni, Binalshibh and . Trial ongoing. tutions and not just banks Salim Boukjari, Fouhad Sabour, Prosecutor: Kay Nehm. Judge: Klaus Ruehle. and banking institutions. and Aeurobui Bendali. Charged 3) New tools that would with conspiracy to murder. Charged originally PAKISTAN enable us to target foreign with membership in a terrorist organization; July 2002: Ahmad Saeed financial institutions that we those charged were dropped. Considered “non- Omar Sheikh. Convicted on think are up to no good. aligned mujahedin.” Sentenced to 10-12 years. the charge of murder in the William Wechsler None of these things have Prosecutor: Kay Nehm. Judge: Karlheinz Zeiher. case of . Member of Jayesh-al- ever been used by the Bush Administration in Muhammad. Sentenced to death. Awaiting any counterterrorism context.” affirmation from higher courts. Prosecutor web sites Raja Qureshi. Judge: Abdul Ghafoor Memon. Nazi Khan, Abdul Rahim, Naseer Mahmood ABOUT AL QAEDA ONLINE Sodozey. Convicted of murder. Sentenced to 20 years. www.janes.com

includes Jane’s Terrorism Watch Report and Jane’s Intelligence Watch Report AUSTRALIA August 2003: Amrozi. www.debka.com Convicted on charges of Israeli-based security and intelligence information terrorism related to the Bali bombing. Prosecution named Jemaah Islamiah www.weekly.ahram.org ( JI) as the terrorist group responsible for the Egyptian-based online weekly devoted to analysis of politics and culture related to bombing. Sentenced to death. Appealed sen- the Middle East tence to Supreme Court of Indonesia. Decision pending. 30 more suspects to be

THE REVIEW OFLAWANDSECURITY| DECEMBER 2003 7 tried in connection with the Bali bombing. Fall Events FROM CHINA Prosecutor: M. Salim, Urip Tri Gunawan. Judge: I Made Karna. NOAH FELDMAN’ S America is expected to quickly top- “ REFLECTIONS ON IRAQ” ple Saddam Hussein and rebuild October 2003: Ali Imron and Mukhlas Noah Feldman is a senior Iraqi Constitutional (brothers of Amrozi). Convicted for crimes Advisor as well as a professor at NYU School Iraq. But problems with this strategy against humanity and terrorism related to the of Law and a faculty co-director at the Center Bali bombings. Ali Imron sentenced to life. on Law and Security. On October 30, 2003, are making Iraq America’s “second Mukhlas in process of appealing a death sen- The Center on Law and Security sponsored tence. Prosecutor: I Gusti Putu Sulaba. Judge: Noah Feldman’s talk, “Reflections on Iraq.” Vietnam.” America did not adequate- Mulyani and Made Sura Atmaja. The event was held in Lipton Hall at NYU School of Law. The following are excerpts ly plan for internal Iraqi opposition to INDONESIA from Professor Feldman’s speech: September 2003: Imam “What is the source of the problem in U.S. control, and anti-Americanism Samudra. Convicted on charges Iraq? Why is it that almost every morning is on the rise in Iraq. America is trying of terrorism related to the Bali when you wake up to your radio the first thing bombing. Sentenced to death. Convicted you hear is, ‘Three soldiers killed,’ or — ‘Iraqi to increase military action, strengthen retroactively under new anti-terror laws by a civilians killed,’ or ‘A bomb has gone off at five judge panel. Abu Bakar Bashir. Convicted thus and such a site — in Iraq — a suicide the economy, and expand political on charge of treason. Prosecution failed to bomb has gone off in thus and such a site present enough evidence for charge of heading inside Iraq?’ How did that happen? support for the new government… the Jemaah Islamiah network. Sentenced to I can tell you from personal experience four years. Prosecutor: Hasan Madani. that almost nobody in the United States gov- America cannot pull out of Iraq, but Judge: Mohammad Saleh. ernment imagined that this was the likely consequence. Even the naysayers, who thought they can not rebuild it without out- BALI that we should avoid going to war in Iraq, side help.” September 2003: Mubaroq. thought that the security problem that we Convicted on charges of terror- were going face in Iraq was going be driven, from Renmin Ribao, September 18, 2003: ism related to the Bali bombing. largely, by inter-ethnic Iraqi on Iraqi violence Pleaded guilty. Prosecutor asked for life impris- — with Iraqis going after each other, and “America’s Exit Strategy in Iraq,” onment. Sentence pending. Prosecutor: essentially trying to split the country into by Tang Zhi-Chao (translated and digested Nyoman Rudju. Judge: I Nengah Suryadana. multiple parts. by Andrew Peterson). Now that hasn’t happened. We haven’t TURKEY had inter-ethnic violence. And when you start September 2003: Eleven hearing in the American press, as you probably members of Beyiat al-Imam. will, about the ‘ancient hatreds’ of the Iraqi Acquitted of charges of acts people for one another, you should react to of terror, defined as using force or violence. that with deep skepticism. Iraq is not a coun- news digest Evidence presented that members trained try characterized by ancient hatreds. ‘Ancient in Taliban camps in Afghanistan. hatreds’ is a code word that Americans use when they don’t understand a country very well and they get the vague impression that September 2003: 41 people people don’t like each other very much there. linked to May 2003 bombings. Ancient hatreds have not been the problem Charged with conspiring to in Iraq, and are still not the problem in Iraq. undermine state security, instigating violence, The problem in Iraq is very specific. violating sacred values, seeking to undermine The problem in Iraq, specifically, is that Islam and membership in or other links to a not insignificant number of Iraqis actively Salafia Jihadia. 27 Convicted. 14 Acquitted. want not only for the United States to leave Sentenced from six months to 15 years. immediately, but want any Iraqis who have allied themselves with the United States in the wake of the invasion to be intimidated out of participating in a reconstruction process or a democratization process. 8

STEP ONE IS TO RECONSTITUTE THE IRAQI SECURITY FORCES, AND Very briefly, the way you resolve these “ things is by putting all of them in the consti- FAST, PROBABLY BY CALLING THE IRAQI ARMY BACK TO BARRACKS. IT’S tution, by guaranteeing religious liberty, by guaranteeing equality, by giving the advocates A RISKY THING TO DO BECAUSE THE IRAQI ARMY IN ITS HISTORY, HAS of religious liberty and equality all of the tools that they will need to argue that particular REGULARLY OVERTHROWN THE GOVERNMENT. RECONSTITUTE THE provisions of Islamic law, should they be adopted by a legislature in the future, violate ARMY, CALL THEM BACK TO BARRACKS. those forms of equality, or violate those basic ” types of liberty…There is nothing incompati- The borders of Iraq are wide open. And United States is morally required not to turn ble between Islam as the official religion and many, many people who have wanted to go around and walk out. Even if we internation- democratic values… into Iraq because they want to make trouble alize, we would still be under a duty, in my …In the end, it will be up to Iraqis to there, have entered. But there is, as of yet, no view, to keep our troops there, insofar as it make this work. They will not be solely respon- firm evidence suggesting that the attacks was necessary to stop the country from going sible if it fails. But they will also not be with- against Americans and against Iraqis are being to pieces. out responsibility.” perpetrated by foreign terrorists. Step one is to reconstitute the Iraqi secu- Now the fact that these attacks have shifted rity forces, and fast, probably by calling the FALL CONFERENCE, from being what they were in, say, June, when Iraqi Army back to their barracks. It’s a risky NOVEMBER 15, 2003 they were isolated attacks on American soldiers, thing to do because the Iraqi Army, histori- Are We Safer? Transformations to being organized attacks not only against cally, has regularly overthrown the govern- in Security After September 11 coalition personnel, but also against Iraqis in, for ment. Reconstitute the army, call them back The attack on September 11 proved that example, the police or the Red Cross, strongly to barracks. Step two is the constitutional American law enforcement and intelligence suggests that this resistance movement has the process. For the people involved in the con- gathering agencies lagged behind the national capacity to last. It is presently engaged in very stitutional process, there’s broad consensus security demands of the country. Since then, ambitious and, I think, entirely plausible, efforts on the following things: People agree that national security experts, law enforcement to weaken the will of the coalition and encour- Iraq should be a democratic state in which agencies, international organizations, and legal age it to leave. And they know that, as Iraqi the clergy has no special say in the govern- experts have examined the newly envisioned security services grow, and as the police and ment. They agree that there should be reli- needs of the country. Now that two years have eventually, the military grow, the capacity of the gious liberty for everybody, Muslims and passed since the attack, much has changed resistance to act freely will diminish. non-Muslims. They also think that the con- in terms of structure, directives, and intent. They know perfectly well that the only stitution of Iraq should recognize Iraq as a state Participants included representative voices way that the coalition can restrict the number in which Islam is the official religion. And many from a wide spectrum of counterterrorist of suicide bombings is by building relatively would actually like the constitution to say that efforts. Experts on domestic and international rapidly an Iraqi security force that would actu- Sharia, or Islamic law, is either a source or law enforcement, as well as experts on ally know whether the guy living in the house a principle source of legislation in the state. Homeland Security, and on the defense of on the corner has lived there for 20 years, two Now how do you reconcile all of these New York City and New York State weeks, or moved in yesterday afternoon and things? addressed specific issues of counterterrorism speaks with a Saudi accent. Now I wish I could tell you that our intel- FORTHE PEOPLE INVOLVED IN THE CONSTITUTIONAL PROCESS, ligence services were capable of finding out information like that. I’m sorry to say that this “ THERE’SBROAD CONSENSUS ON THE FOLLOWING THINGS: PEOPLE is not the case; our intelligence capabilities are not that great. And frankly, even if we had an AGREE THAT IRAQ SHOULD BE A DEMOCRATIC STATE IN WHICH THE extensive network of informants, and paid large sums of money, we still couldn’t stop CLERGY HAS NO SPECIAL SAY IN THE GOVERNMENT. THEY AGREE concerted and motivated suicide bombers… …The United States has an enormous THAT THERE SHOULD BERELIGIOUS LIBERTY FOR EVERYBODY, ethical duty, in my view — to take active steps not to leave Iraq in a situation where it MUSLIMS AND NON-MUSLIMS. THEY ALSO THINK THAT THE CONSTI- will be far worse off than it would have been had we never have gone in the first place. TUTION OF IRAQ SHOULD RECOGNIZE IRAQ ASASTATEINWHICH Even if you think the war was the most pre- posterous, immoral violation of international ISLAM IS THE OFFICIAL RELIGION. law that it could possibly have been the ”

THE REVIEW OFLAWANDSECURITY| DECEMBER 2003 9 including terrorist financing, information ise never to make them, use them, help make sharing, and the experiences of other coun- Law and Security them, or trade in prohibited chemicals, and tries. The speakers included some of the more they have to declare their stores of CWs and notable figures in law enforcement and coun- Summer Interns submit to verification and inspection. In the terterrorism. Below is a list of participants: current climate, CWs as WMDs are especially Mark Cohen-Deputy Director, Public Security, Meg Holzer is a second worrisome because of the fear that terrorist NYS Homeland Security year law student at groups will access them — as they did in Frank Cilluffo-Associate VP for Homeland NYU School of Law. Tokyo in the mid-90s. Security, George Washington University She spent part of last I observed the work of various branches R.P. Eddy-Sr. Fellow for Counterterrorism, summer as a Law and of the organization and assisted in their publi- Manhattan Institute Security intern at the cations and information dissemination, trying Stephen Holmes-Walter E. Meyer Professor Organization for the to spread the importance of the CWC — not of Law, Co-Director, Center on Law and Prohibition of Chemical just the CW ban, but also the other goal of Security, NYU School of Law Weapons (OPCW) in the CWC and of OPCW, which is to encour- Peter Leitner-Director, Higgins Center for The Hague. These are age peaceful uses of chemistry.” Counterterrorism some of the observa- Mariano Banos is Mary McCarthy-Visiting Fellow, Center for tions and thoughts she had while there: a second year law stu- Strategic and International Studies “OPCW is a fascinating organization. But dent at NYU School Dan Richman-Professor of Law, like the labyrinthine building it occupies, the of Law. He spent his Fordham University organization discloses more layers every time summer as an intern Kent Roach-Professor of Law, University I think I’m closer to understanding it! Its base at Interpol in Lyon, of Toronto is in the Chemical Weapons Convention France. While there, Howard Safir-Chairman/CEO Safir Rosetti, (CWC)and it has been in operation since he researched Al Qaeda former Commissioner NYPD 1998, after the treaty came into force. Tonga trials and intelligence. Jeremy Shapiro-Associate Director, Center of joined only last month and now there are 153 See Terrorist Trial the U.S. and France, Brookings Institution States Parties. Updates (page 6-7) for some of the findings Stephen Schulhofer-Robert B. Mckay The CWC’s goal is to ban chemical of Marino’s summer research. Professor of Law, weapons, forever. States Parties have to prom- NYU School of Law Larry Thompson-Sr. Fellow, Brookings Institution, formerly Deputy Attorney General, news digest U.S. Department of Justice FROM THE MIDDLE EAST Adam Tompkins-John Millar Chair of Public Law, “The Gulf States have financed America’s wars of choice. In Vietnam we Keith Weston-Detective Chief Superintendent, Anti-Terrorist Branch, New Scotland Yard supported the American naval and air fleets…In Africa the U.S. established Lee Wolosky-Center for Strategic and International Studies, formerly director for politically supportive allies in the war against Communism and some of us in Transnational Threats and Director of the International Crime Group, National Security the Gulf paid the outlays for these endeavors. In the 60’s and 70’s, we paid Council. to keep the leftists from power in Yemen In the 80’s we paid for America’s over- The participants examined the avenues of inquiry that currently define the legal throw of the Sandanistas in Nicaragua and for the overthrow of the govern- debate over counterterrorism; among them, the ways in which terrorist law has impacted ment in Grenada…In Afghanistan we paid $40 billion....for the well being upon criminal law; the new draft of the E.U. of America…We then paid $20 billion following the defeat of the Taliban gov- Constitutions and its implications for interna- tional cooperation; the possibilities for consis- ernment…But America [changed its mind] and so decided to end the Taliban tent security strategies at home and abroad; and the consequences of legal change in the government and we paid for the invasion of Afghanistan…” matters of domestic and international regula- tion of arms, money, and information sharing. Dr. Muhammad Saaleh al-Musafir, University of Qatar, in Al-Quds Al-Arabi, October 14, 2003 (Translated by Chris Barr). 10

Book Reviews Kuwait in 1964 or 1965 of Baluchi parents, plot, even though some of its claims will no Khalid Shaikh Mohammed represents, in his doubt be corrected and superseded by future Al Qaeda, Before and life story, the tie between the Gulf states and researches and revelations. seemingly central to transnational After September 11 terrorism today. The authors speculate, inter- Reviewed by Stephen Holmes estingly, that Khalid Shaikh Mohammed was the mastermind of the 1993 attempt to topple WHO KILLED DANIEL PEARL? MASTERMINDS OF TERROR: the Twin Towers as well. The son of Khalid by Bernard-Henri Lévy THE TRUTH BEHIND THE Shaikh Mohammed’s sister, Ramzi Yousef, Melville House Publishing, 2003 MOST DEVASTATING TERROR- apparently carried out the attack under his Humans, it seems, are compelled to react to IST ATTACK THE WORLD HAS uncle’s supervision. In 1993, at the time of frightening news with self-concerned imagina- EVER SEEN that unsuccessful mission, Khalid Shaikh tion. What if that had been me? Or someone by Yosri Fouda and Nick Fielding Mohammed was not yet a close associate of I loved? In the case of Wall Street Journal Arcady Press, 2003 bin Laden’s. But after 1997, “there is hardly a reporter Daniel Pearl who was ostensibly killed Most recent works on Al Qaeda jumble single Al Qaeda operation that Khalid was as “a Jew, an American, a Zionist,” the tempta- together facts, unsubstantiated speculations not involved in.” More precisely, the 1998 tion to ruminate over his torture and vicious and uncritically recycled disinformation. East African embassy bombings were murder has, according to Bernard-Henri Lévy, Co-authored by two — one from “the first major actions planned and kept us unnecessarily ignorant as to the causes and the other from the carried out by the organization under and perpetrators of Pearl’s murder. Sunday Times the control of Khalid Shaikh Lévy understands well the seductive power — this book stands Mohammed.” of fictionalizing brutality in order to compre- out for the care and Besides clarifying Khalid hend it. For the first third of his book, he con- sobriety with which it Shaikh Mohammed’s all-impor- jures up the possible thoughts, impressions attempts to clarify an tant role in the September 11 and responses that Pearl may have had to one intrinsically murky and plot, the book also tells us, in of his captors. Pearl “sees his eyes, bright, difficult-to-study under- the terrorist chief ’s own words, feverish, too deeply set and strangely pleading. world. Among its other why he launched it. He told For a second he wonders if he, too, has been achievements, the book Fouda, for instance, that drugged. He sees the weak chin, the barely sheds fresh light on the “The attacks were designed perceptible trembling of the lips, the outsized role of Osama bin Laden in to cause as many deaths ears and bony nose…The nape of the neck, September 11 and the enig- as possible and havoc and he thinks, shaking his head and trying to free matic relation between the to be a big slap for America himself — the center of voluptuousness, the 1993 and the 2001 attacks on on American soil.” weight of the world, the hidden eye of the the World Trade Center. The Alongside its strong thesis about the Talmud, the executioner’s axe.” originality that the authors justly “principal organizer” of September 11, the Lévy’s novelistic style is not reserved solely claim for their interpretation of September book discloses many tantalizing details, such for Pearl. Levy delves as well into the mindset 11 derives from the two-day clandestine as the existence of videotaped statements by of Omar Sheikh as well, the alleged mastermind interview that Fouda conducted in May 2002 all 19 hijackers, only three of which have been of the kidnapping and assassination of Pearl. in Karachi with Khalid Shaikh Mohammed released so far. (Thus, we may be treated Omar, Lévy points out, like many terrorists, is and Mohammed Atta’s Hamburg roommate, sometime soon to a stone-faced Mohammad well-educated, born and raised in the West, Ramzi Binalshibh. (In the interim, both Atta, announcing on film what glories he from a well-to-do background, and was not par- men have been arrested and are now in the is willing to perform for God.) Fouda and ticularly religious in his youth. Omar was custody of the U.S. or one of its Middle Fielding also touch upon the rumored role born in London, attended pri- Eastern allies.) of Pakistani intelligence in the September vate schools there The upshot of the book is that Khalid 11 plot, which may, in turn, have some and enrolled Shaikh Mohammed was the operational twisted connection to the case of Daniel in the London chief behind the September 11 attack, while Pearl, whose throat, they also report, School of Osama bin Laden and Ayman al-Zawahiri may have been slit personally by Economics. (LSE) were merely “figureheads.” Thus, when Mo- Khalid Shaikh Mohammed. Throughout, he was hammed Atta and Marwan al Shehhi went to Although based to some extent bright, well-behaved, Afghanistan, sometime around January 2001, on guesswork, in other words, this a chess champion, an “they took their military instructions from book is not only serious but proba- arm wrestling champi- Khalid Shaikh Mohammed and the promise bly the most informative work yet on, and often the star of of Paradise from Osama bin Laden.” Born in published on the September 11 his class. What changed

THE REVIEW OFLAWANDSECURITY| DECEMBER 2003 11 him was the Bosnian war. In one or two trips Qaeda and the Taliban? How easily can the Profiles to the war-torn nation, “little Omar” discovered Bush administration and the U.S. intelligence the resentment of the Muslim world and services be duped by the kind of lies, decep- BALTASAR GARZON became its fierce avenger. tions and constructions that captivate others Baltasar Garzon has Once he has established an internal view of and that lead us astray, away from the complex distinguished himself captor and victim, Lévy leaves off fictionalizing and nefarious realities that lie beneath? as a premier prosecu- and enters the discourse of the in However unsettling Lévy’s conclusions, they tor against injustice pursuit of truth. It is the journalist, not the nov- teach us not only about the dangers of the worldwide. From elist, who holds the key to discovering the governmental reliance upon easily imagined Argentine to Chile motives behind Pearl’s murder. Daniel’s wife, and erroneous scenarios, but about journalists, to the United States, , warns Lévy to “Be careful… whose pursuit of truth, Lévy contends, is Garzon has pursued Don’t enter into their madness, or worse, their essential to knowing and thereby fighting the individuals from logic.” But Lévy is no more capable of stopping enemy. Journalists, Lévy concludes, are essen- Pinochet to Henry himself than others are capable of ceasing to tial to the . Kissinger to Osama identify emotionally with the victim. Lévy ©AP Photo bin Laden. The Reviewed by Karen J. Greenberg immerses himself in the world of terrorist cells, judge bases his right aliases and false leads. “Sensing” the difference to initiate indictments on a 1985 Spanish law between fabrications and the truth, he discovers by which Spanish courts were allowed univer- that Omar was an ISI agent, recruited most Recommended sal jurisdiction to hear human rights crimes, likely at or preceding his entry into LSE; that provided some aspect of the case can be linked the entire story into which Lévy led us initially Books on Al Qaeda to Spain. In the case of Osama bin Laden, was in truth a fictive world; that the story of Garzon bases his indictment on the existence Omar’s awakening to Muslim suffering in Below is a selective list of the books which our of a Spanish al Qaeda cell that allegedly Bosnia was merely a cover story, “a lie, a delib- editorial staff considers the most informative helped plan September 11. In his war against erate invention, a construction.” Although Lévy on Al Qaeda. terrorism, Garzon often takes stands that pro- wonders repeatedly along the way whether he’s voke international controversy. A strong sup- been “taken in by a game of infinite theories,” Anonymous, Through Our Enemies’ Eyes: porter of the International Criminal Court, he he is led convincingly to the following conclu- Osama bin Laden, Radical Islam, and the has criticized the United States for its refusal sion: “Daniel Pearl was kidnapped and then Future of America (Washington, D.C., 2003) to join the ICC. His indictment of bin Laden murdered by Islamist groups who were manipu- would require the United States, should they lated by a single fringe group of the secret serv- Peter L. Bergen, Holy War, Inc: Inside the Secret find bin Laden alive, to deal with that charge ice. The murder of Daniel Pearl “was not petty, World of Osama bin Laden (New York, 2001) before bringing him to trial themselves. a murder for nothing, an uncontrolled act of fundamentalist fanatics — it’s a crime of state, Jason Burke, Al Qaeda: Casting a Shadow JEAN- LOUIS intended and authorized, whether we like it or of Terror (New York, 2003) BRUGUIERE not, by the state of Pakistan.” Lévy finds further French anti-terror that a fringe group of the ISI was part of Al Jane Corbin, Al Qaeda: In Search of the Magistrate Jean- Qaeda and that Omar, working for the Pakistani Terror Network that Threatens the World Louis Bruguiere has secret police, was the “‘favored son’ of Osama (New York, 2002) been involved in bin Laden,” the embodiment of the “synthesis fighting terrorism of ISI and Al Qaeda.” Yosri Fouda and Nick Fielding, Masterminds of for more than 20 Lévy surmises that Pearl was murdered Terror: The Truth Behind the Most Devastating years. Magistrate for much more complicated and unsettling Terrorist Attack the World Has Ever Seen Bruguiere has inves- geopolitical reasons than was initially assumed. (New York, 2003) tigated terrorist Perhaps Pearl learned more about his captors ©AP Photo bombings of airlines, than they wanted. Perhaps he was working Rohan Gunaratna, Inside Al Qaeda: Global broken up active ter- on American Al Qaeda cells. Perhaps he had Network of Terror (New York, 2002) ror cells, and caught infamous terrorist “Carlos uncovered a link between bin Laden and the Jackal” in 1994. Magistrate Bruguiere is weapons of mass destruction. Roland Jacquard, In the Name of Osama bin known internationally as one of the most ded- Ultimately, Lévy’s investigation takes him Laden: Global Terrorism and the Bin Laden icated and successful trackers and prosecutors to the motives not of Daniel Pearl or Omar Brotherhood (Durham and London, 2002) of terrorists, and his work has led to more Sheikh but of the United States. Above all, than 500 arrests. Lévy is asking, How capable is the United Barry Rubin and Judith Colp Rubin, editors, States of evading the fictive seductions of Al Anti-American Terrorism and the Middle East: A Documentary Reader, (New York, 2002) 12

Issue #2: Did you Know? Thank You Thanks go to our dedicated, The USA PATRIOT Act and tireless staff.

what it means for us... Editor Did you know that... Karen J. Greenberg Persons, including students, from countries that have repeatedly sup- Editorial Assistant ported terrorism are forbidden to enter science laboratories where there Adam J. Sticklor are restricted biological agents. Any “knowing violator” of the statute can be charged on the grounds of facilitating the transfer of toxins to unreg- Research Staff istered persons…So, for example, a professor who knowingly allowed an Mariano Banos Chris Barr unregistered student into a lab with restricted substances or who Brian McDonald allowed restricted persons to possess toxins, could be seen in violation Andrew Peterson of the statute and subject to fines or up to five years imprisonment. (USA PATRIOT Act, Section 817) Production Staff Elizabeth Oliner

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