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Attribution and Response to Cybercrime/Terrorism/Warfare Susan W
Journal of Criminal Law and Criminology Volume 97 Article 2 Issue 2 Winter Winter 2007 At Light Speed: Attribution and Response to Cybercrime/Terrorism/Warfare Susan W. Brenner Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Susan W. Brenner, At Light Speed: Attribution and Response to Cybercrime/Terrorism/Warfare, 97 J. Crim. L. & Criminology 379 (2006-2007) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/07/9702-0379 THE JOURNALOF CRIMINAL LAW & CRIMINOLOGY Vol. 97. No. 2 Copyright 0 2007 by NorthwesternUniversity. Schoolof Low Printedin U.S.A. "AT LIGHT SPEED": ATTRIBUTION AND RESPONSE TO CYBERCRIME/TERRORISM/WARFARE SUSAN W. BRENNER* This Article explains why and how computer technology complicates the related processes of identifying internal (crime and terrorism) and external (war) threats to social order of respondingto those threats. First, it divides the process-attribution-intotwo categories: what-attribution (what kind of attack is this?) and who-attribution (who is responsiblefor this attack?). Then, it analyzes, in detail, how and why our adversaries' use of computer technology blurs the distinctions between what is now cybercrime, cyberterrorism, and cyberwarfare. The Article goes on to analyze how and why computer technology and the blurring of these distinctions erode our ability to mount an effective response to threats of either type. -
In Defense of Cyberterrorism: an Argument for Anticipating Cyber-Attacks
IN DEFENSE OF CYBERTERRORISM: AN ARGUMENT FOR ANTICIPATING CYBER-ATTACKS Susan W. Brenner Marc D. Goodman The September 11, 2001, terrorist attacks on the United States brought the notion of terrorism as a clear and present danger into the consciousness of the American people. In order to predict what might follow these shocking attacks, it is necessary to examine the ideologies and motives of their perpetrators, and the methodologies that terrorists utilize. The focus of this article is on how Al-Qa'ida and other Islamic fundamentalist groups can use cyberspace and technology to continue to wage war againstthe United States, its allies and its foreign interests. Contending that cyberspace will become an increasingly essential terrorist tool, the author examines four key issues surrounding cyberterrorism. The first is a survey of conventional methods of "physical" terrorism, and their inherent shortcomings. Next, a discussion of cyberspace reveals its potential advantages as a secure, borderless, anonymous, and structured delivery method for terrorism. Third, the author offers several cyberterrorism scenarios. Relating several examples of both actual and potential syntactic and semantic attacks, instigated individually or in combination, the author conveys their damagingpolitical and economic impact. Finally, the author addresses the inevitable inquiry into why cyberspace has not been used to its full potential by would-be terrorists. Separately considering foreign and domestic terrorists, it becomes evident that the aims of terrorists must shift from the gross infliction of panic, death and destruction to the crippling of key information systems before cyberattacks will take precedence over physical attacks. However, given that terrorist groups such as Al Qa'ida are highly intelligent, well-funded, and globally coordinated, the possibility of attacks via cyberspace should make America increasingly vigilant. -
Living Under Drones Death, Injury, and Trauma to Civilians from US Drone Practices in Pakistan
Fall 08 September 2012 Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan International Human Rights and Conflict Resolution Clinic Stanford Law School Global Justice Clinic http://livingunderdrones.org/ NYU School of Law Cover Photo: Roof of the home of Faheem Qureshi, a then 14-year old victim of a January 23, 2009 drone strike (the first during President Obama’s administration), in Zeraki, North Waziristan, Pakistan. Photo supplied by Faheem Qureshi to our research team. Suggested Citation: INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW), LIVING UNDER DRONES: DEATH, INJURY, AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September, 2012) TABLE OF CONTENTS ACKNOWLEDGMENTS I ABOUT THE AUTHORS III EXECUTIVE SUMMARY AND RECOMMENDATIONS V INTRODUCTION 1 METHODOLOGY 2 CHALLENGES 4 CHAPTER 1: BACKGROUND AND CONTEXT 7 DRONES: AN OVERVIEW 8 DRONES AND TARGETED KILLING AS A RESPONSE TO 9/11 10 PRESIDENT OBAMA’S ESCALATION OF THE DRONE PROGRAM 12 “PERSONALITY STRIKES” AND SO-CALLED “SIGNATURE STRIKES” 12 WHO MAKES THE CALL? 13 PAKISTAN’S DIVIDED ROLE 15 CONFLICT, ARMED NON-STATE GROUPS, AND MILITARY FORCES IN NORTHWEST PAKISTAN 17 UNDERSTANDING THE TARGET: FATA IN CONTEXT 20 PASHTUN CULTURE AND SOCIAL NORMS 22 GOVERNANCE 23 ECONOMY AND HOUSEHOLDS 25 ACCESSING FATA 26 CHAPTER 2: NUMBERS 29 TERMINOLOGY 30 UNDERREPORTING OF CIVILIAN CASUALTIES BY US GOVERNMENT SOURCES 32 CONFLICTING MEDIA REPORTS 35 OTHER CONSIDERATIONS -
How Sophisticated Are Terrorist Attacks on Passenger Rail Transportation
How Sophisticated are Terrorist Attacks on Passenger Rail Project SP 0520 Transportation June 2020 Brian Michael Jenkins and Bruce R. Butterworth Executive Summary Summary of Key Findings Terrorist attacks on passenger rail transportation are statistically rare events in the developed world— only about seven attacks per year are carried out against all of the economically advanced countries combined. However, uncovered plots and attempts indicate continuing terrorist interest in attacking transportation targets. The vast majority of terrorist attacks on passenger rail transportation are aimed at disrupting travel or causing casualties. Most of the attacks (87%) and 100% of the casualties result from attacks on passengers aboard trains and in stations, i.e., where the people are. We have defined sophistication by identifying four criteria, of which at least one must be met: The attack must (1) involve the recruitment of inside assistance, the use of insider knowledge, or the acquisition of specialized skills through training; (2) require the penetration of manned or closely monitored security systems; (3) involve the use of sophisticated weapons, devices, or means (for an IED to be considered sophisticated, it must do more than simply explode—it must have a timing or remote detonating system that guarantees detonation at a remote time or in a specific location, or it must be miniaturized or disguised so as to evade detection); and (4) must be complex—it must involve multiple actors with individual roles or coordinated simultaneous or near-simultaneous attacks at different locations. Using those criteria, we find few of the terrorist attacks on public surface transport are sophisticated. -
Lessons from Colombia for Curtailing the Boko Haram Insurgency in Nigeria
Lessons From Colombia For Curtailing The Boko Haram Insurgency In Nigeria BY AFEIKHENA JEROME igeria is a highly complex and ethnically diverse country, with over 400 ethnic groups. This diversity is played out in the way the country is bifurcated along the lines of reli- Ngion, language, culture, ethnicity and regional identity. The population of about 178.5 million people in 2014 is made up of Christians and Muslims in equal measures of about 50 percent each, but including many who embrace traditional religions as well. The country has continued to experience serious and violent ethno-communal conflicts since independence in 1960, including the bloody and deadly thirty month fratricidal Civil War (also known as the Nigerian-Biafran war, 1967-70) when the eastern region of Biafra declared its seces- sion and which claimed more than one million lives. The most prominent of these conflicts recently pitch Muslims against Christians in a dangerous convergence of religion, ethnicity and politics. The first and most dramatic eruption in a series of recent religious disturbances was the Maitatsine uprising in Kano in December 1980, in which about 4,177 died. While the exact number of conflicts in Nigeria is unknown, because of a lack of reliable sta- tistical data, it is estimated that about 40 percent of all conflicts have taken place since the coun- try’s return to civilian rule in 1999.1 The increasing wave of violent conflicts across Nigeria under the current democratic regime is no doubt partly a direct consequence of the activities of ethno- communal groups seeking self-determination in their “homelands,” and of their surrogate ethnic militias that have assumed prominence since the last quarter of 2000. -
Kamikazes! When Japanese Planes Attacked the U.S. Submarine Devilfish
KAMIKAZES! When Japanese Planes Attacked the U.S. Submarine Devilfish by NATHANIEL PATCH he image of desperate Japanese pilots purposely flying their Tplanes into American warships in the closing months of World War II figures prominently in American popular culture. When most people hear the term kamikaze, they think Fortunately, the Devilfish was close to the surface when of swarms of planes flying through a torrent of antiaircraft the explosion occurred, and the submarine took only mi fire and plowing into the decks of aircraft carriers, battle nor damage that the crew could control. ships, cruisers, and destroyers, taking the lives of sailors and The officers and crew in the control room took quick ac damaging or sinking the ships in this desperate act. tion to prevent the submarine from sinking and to mitigate Out of the hundreds of these attacks, one was quite un the damage done by the incoming saltwater. They leveled usual: the only kamikaze attack on an American subma off the submarine at 80 feet, and the drain pumps were rine, the USS Devilfish (SS 292). barely keeping up with the incoming water. The bilges of Why was this submarine attacked, and why was there the conning tower filled rapidly, and water began pouring only one attacker? The story of the attack on the Devilfish into the control room. A constant spray of saltwater from seems to be a fragment of a larger story, separated by time the conning tower splashed onto the electrical panels and and distance, occurring on March 20, 1945. If kamikazes consoles in the control room. -
Rethinking the Drone War
RETHINKING THE DRONE WAR RETHINKING THE DRONE WAR NATIONAL SECURITY, LEGITIMACY, AND CIVILIAN CASUALTIES IN U.S. COUNTERTERRORISM OPERATIONS LARRY LEWIS DIANE M. VAVRICHEK A joint publication of CNA and Marine Corps University Press MCUP MARINE CORPS UNIVERSITY PRESS Quantico, Virginia 2016 This book represents the best opinion of the authors at the time of printing. The views and opinions are the authors’ own, and do not necessarily represent those of CNA, the Department of the Navy, the U.S. Marine Corps, Marine Corps University, or the U.S. government. MCUP MARINE CORPS UNIVERSITY PRESS Marine Corps University Press CNA Corporation 111 South Street Arlington, VA 22201 www.usmcu.edu/mcupress www.cna.org 1st printing, 2016 Library of Congress Cataloging-in-Publication Data Names: Lewis, Larry L. (Lawrence L.), author. | Vavrichek, Diane, author. Title: Rethinking the drone war : national security, legitimacy, and civilian casualties in U.S. counterterrorism operations / Larry Lewis, Diane Vavrichek. Other titles: National security, legitimacy, and civilian casualties in U.S. counterterrorism operations Description: Quantico, VA : CNA and Marine Corps University Press, [2016] | Includes index. Subjects: LCSH: Drone aircraft--United States--History. | Drone aircraft--Government policy--United States. | Drone aircraft--Moral and ethical aspects--United States. | Uninhabited combat aerial vehicles--Government policy--United States. | Terrorism--Prevention--Government policy--United States. | Targeted killing--Government policy--United -
Status of the Protocols Additional to the Geneva Conventions of 1949
Information from Sweden on the Status of the Protocols Additional to the Geneva Conventions of 1949 relating to the protection of victims of armed conflict, pursuant to General Assembly resolution 73/204 of 20 December 2018 In accordance with General Assembly resolution 73/204 of 20 December 2018 entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts”, Sweden hereby submits the following information. 1. Sweden has been a party to the first and second Protocol Additional to the Geneva Conventions since 1979, and has reported continuously on the implementation and development of international humanitarian law (IHL), to the UN Secretary General in accordance with the above mentioned resolution since 1994, in the latest report from 2016. The following information supplements previous reports. 2. Strengthening compliance with IHL is a core priority for Sweden and the national implementation of IHL is an important part of the overall compliance efforts. Sweden works to promote cooperation between national and international actors to initiate national prosecution for violations of IHL when possible. Sweden co-hosted a joint ministerial and expert meeting for this purpose in Brussels in April 2018. 3. Sweden has since 2008 had permanent entities within its judicial authorities investigating and prosecuting crimes against the Geneva Conventions and IHL. Sweden exercises universal jurisdiction for international crimes in order to end impunity and uphold accountability for said crimes. Through cases on national level, Sweden has taken part in establishing new jurisprudence relating in the field of IHL. In investigations at national level, victims of armed conflicts are entitled legal counsel financed by public means. -
Foreign Military Interventions and Suicide Attacks
Article Journal of Conflict Resolution 2017, Vol. 61(2) 271-297 ª The Author(s) 2015 Foreign Military Reprints and permission: sagepub.com/journalsPermissions.nav DOI: 10.1177/0022002715576575 Interventions journals.sagepub.com/home/jcr and Suicide Attacks Seung-Whan Choi1, and James A. Piazza2 Abstract This study examines the effect of foreign military interventions on the incidence of suicide attacks. It presents three theoretical explanations. Foreign military inter- ventions may boost insurgent use of suicide attacks by (a) fomenting a nationalist backlash that sanctions the use of more extreme and unconventional tactics like suicide attacks, (b) providing more and better targets against which suicide attacks can be launched, or (c) prompting insurgents to use suicide tactics in order to overcome their power asymmetries and to confront better defended targets that are enhanced by interventions. We test these competing explanations using a bat- tery of statistical tests on cross-national, time-series data for 138 countries during the period from 1981 to 2005. We find that only foreign interventions with specific features—pro-government interventions involving larger numbers of ground troops—boost suicide attacks in countries experiencing interventions. This finding suggests that by tipping the balance of power against insurgents and hardening targets in the context of assisting a local government, foreign military interventions are likely to increase the use of suicide attacks by regime challengers. Keywords terrorism, suicide bombings, military intervention, international security 1Department of Political Science (MC 276), University of Illinois at Chicago, Chicago, IL, USA 2Department of Political Science, Pennsylvania State University, University Park, PA, USA Corresponding Author: James A. -
The Legal Obligation to Record Civilian Casualties of Armed Conflicts
OxfordResearchGroup | Discussion Paper: The Legal Obligation to Record Civilian Casualties of Armed Conflict, June 2011 June 2011 DISCUSSION PAPER: THE LEGAL OBLIGATION TO RECORD CIVILIAN CASUALTIES OF ARMED CONFLICT Professor Susan Breau1, Rachel Joyce2 EXECUTIVE SUMMARY The Oxford Research Group’s (ORG) Recording of Casualties of Armed Conflict (RCAC) Programme has concluded a research project on identifying the international legal obligation to record civilian casualties of armed conflict. As a result of extensive research into international customary humanitarian law and the treaties that embody obligations for states in International Humanitarian Law and International Human Rights Law, the research team has identified the elements of the international legal obligation. The various sources of law drawn upon to identify this right include the Geneva Conventions; the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and other human rights instruments; reports and statements of the United Nations; case law of the European Court of Human Rights and the Inter-American Court of Human Rights; and the principles of customary international law. When placed in the context of casualty recording, the principles spread amongst these instruments and sources come together naturally to form a binding obligation on states. The findings of this report indicate that a move towards establishing a systematic mechanism of casualty recording in all theatres of armed conflict -
Counting Casualties: a Framework for Respectful, Useful Records
J Risk Uncertainty DOI 10.1007/s11166-006-9001-6 Counting casualties: A framework for respectful, useful records Baruch Fischhoff · Scott Atran · Noam Fischhoff C Springer Science + Business Media, LLC 2007 Abstract Counting casualties in conflict zones faces both practical and ethical concerns. Drawing on procedures from risk analysis, we propose a general approach. It represents each death by standard features, having either essential value, for capturing the social and cultural meaning of individual casualties, or instrumental value, for relating patterns of casualties to possible causes and effects. We illustrate the approach with the choices involved in attempts to record casualties in Iraq and the Israel-Palestine conflict, and with natural disasters, as exemplified by Hurricane Katrina. We advocate institutionalizing the approach, so that recording casualties increases understanding, rather than suspicion. Keywords Risk analysis . Risk characterization . Casualties . Conflict . Forensics JEL Classification D74 . D78 . D81 . F51 . H56 . I18 . N40 . Q54 Counting casualties is part of any conflict. The parties must do it both to monitor the conflict’s progress and to give it meaning (Department of Defense, 2005; Graham, 2005; Holt, 2006). Without accurate counts, the situation is obscured and the fallen are dishonored. If these failures appear deliberate, then they may aggravate the conflict, by adding insult to injury. Political scientists need these counts for their own reasons: creating narrative accounts, providing policy advice, and testing theories of conflict and reconciliation (e.g., Daponte, 2003; Epstein, 2002; Peterson, 2002; Walzer, 1992). The work is grim and challenging. The recorders face not only the risks of work in a conflict zone, but also the wrath of those who want the story told a particular way or not told at all. -
Annual Report on Civilian Casualties in Connection with United States Military Operations in 2019
UNCLASSIFIED Department of Defense Annual Report on Civilian Casualties In Connection With United States Military Operations in 2019 Submitted pursuant to Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), as amended The estimated cost of this report for the Department of Defense is approximately $20,000 for the 2020 Fiscal Year. This includes $25 in expenses and $20,000 in DoD labor. Generated on 2020April22 A-60DF323 1 UNCLASSIFIED Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115- 91), as amended, states the following: Annual Report on Civilian Casualties in Connection With United States Military Operations (a) ANNUAL REPORT REQUIRED.—Not later than May 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on civilian casualties caused as a result of United States military operations during the preceding year. (b) ELEMENTS.—Each report under subsection (a) shall set forth the following: (1) A list of all the United States military operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that were confirmed, or reasonably suspected, to have resulted in civilian casualties. (2) For each military operation listed pursuant to paragraph (1), each of the following: (A) The date. (B) The location. (C) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict. (D) The type of operation. (E) An assessment of the number of civilian and enemy combatant casualties, including a differentiation between those killed and those injured.