A Resilient Al-Qaeda in Afghanistan and Pakistan
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Reply Memorandum of Law in Support of Motion to Unseal by Raymond Bonner
Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ZAYN AL ABIDIN MUHAMMAD ) HUSAYN (ISN # 10016), ) ) Petitioner. ) ) v. ) No. 08-CV-1360 ) ASHTON CARTER, ) ) Respondent. ) ) REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION TO UNSEAL BY RAYMOND BONNER David A. Schulz Hannah Bloch-Wehba Steven Lance (law student intern) Andrew Udelsman (law student intern) Media Freedom & Information Access Clinic Abrams Institute for Freedom of Expression Yale Law School P.O. Box 208215 New Haven, CT 06520 Phone: 212-850-6103 Fax: 212-850-6299 Chad Bowman Levine Sullivan Koch & Schulz, LLP 1899 L Street, NW, Suite 200 Washington, DC 20036 Phone: 202-508-1100 Fax: 202-861-8988 Counsel for Movant Raymond Bonner Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 2 of 32 TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 ARGUMENT .................................................................................................................................. 2 I. JUDICIAL RECORDS ARE SUBJECT TO THE FIRST AMENDMENT RIGHT OF ACCESS, EVEN WHEN THEY CONTAIN CLASSIFIED INFORMATION .......... 2 A. Classified Information Is Not Exempt From the Constitutional Access Right ....... 2 1. The government misapplies the “history and logic” test to the content of a record rather than the type of proceeding involved. ............... 2 2. The unilateral Executive authority to seal court records claimed by the government would violate the constitutional separation of powers. ..... 5 B. The Constitutional Standard Must Be Satisfied To Seal A Court Record That Contains Classified Information ..................................................................... 6 1. The Executive’s classification standards do not automatically satisfy the controlling First Amendment standard. -
Al-Qaeda in the Indian Subcontinent (AQIS): an Al-Qaeda Affiliate Case Study Pamela G
Al-Qaeda in the Indian Subcontinent (AQIS): An Al-Qaeda Affiliate Case Study Pamela G. Faber and Alexander Powell October 2017 DISTRIBUTION STATEMENT A. Approved for public release: distribution unlimited. This document contains the best opinion of CNA at the time of issue. It does not necessarily represent the opinion of the sponsor. Distribution DISTRIBUTION STATEMENT A. Approved for public release: distribution unlimited. SPECIFIC AUTHORITY: N00014-16-D-5003 10/27/2017 Request additional copies of this document through [email protected]. Photography Credit: Michael Markowitz, CNA. Approved by: October 2017 Dr. Jonathan Schroden, Director Center for Stability and Development Center for Strategic Studies This work was performed under Federal Government Contract No. N00014-16-D-5003. Copyright © 2017 CNA Abstract Section 1228 of the 2015 National Defense Authorization Act (NDAA) states: “The Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall provide for the conduct of an independent assessment of the effectiveness of the United States’ efforts to disrupt, dismantle, and defeat Al- Qaeda, including its affiliated groups, associated groups, and adherents since September 11, 2001.” The Assistant Secretary of Defense for Special Operations/Low Intensity Conflict (ASD (SO/LIC)) asked CNA to conduct this independent assessment, which was completed in August 2017. In order to conduct this assessment, CNA used a comparative methodology that included eight case studies on groups affiliated or associated with Al-Qaeda. These case studies were then used as a dataset for cross-case comparison. This document is a stand-alone version of the Al-Qaeda in the Indian Subcontinent (AQIS) case study used in the Independent Assessment. -
Al Shabaab's American Recruits
Al Shabaab’s American Recruits Updated: February, 2015 A wave of Americans traveling to Somalia to fight with Al Shabaab, an Al Qaeda-linked terrorist group, was described by the FBI as one of the "highest priorities in anti-terrorism." Americans began traveling to Somalia to join Al Shabaab in 2007, around the time the group stepped up its insurgency against Somalia's transitional government and its Ethiopian supporters, who have since withdrawn. At least 50 U.S. citizens and permanent residents are believed to have joined or attempted to join or aid the group since that time. The number of Americans joining Al Shabaab began to decline in 2012, and by 2014, the Islamic State of Iraq and Syria (ISIS) replaced Al Shabaab as the terrorist group of choice for U.S. recruits. However, there continue to be new cases of Americans attempting to join or aid Al Shabaab. These Americans have received weapons training alongside recruits from other countries, including Britain, Australia, Sweden and Canada, and have used the training to fight against Ethiopian forces, African Union troops and the internationally-supported Transitional Federal Government in Somalia, according to court documents. Most of the American men training with Al Shabaab are believed to have been radicalized in the U.S., especially in Minneapolis, according to U.S. officials. The FBI alleges that these young men have been recruited by Al Shabaab both on the Internet and in person. One such recruit from Minneapolis, 22-year-old Abidsalan Hussein Ali, was one of two suicide bombers who attacked African Union troops on October 29, 2011. -
The Parallax View: How Conspiracy Theories and Belief in Conspiracy Shape American Politics
Bard College Bard Digital Commons Senior Projects Spring 2020 Bard Undergraduate Senior Projects Spring 2020 The Parallax View: How Conspiracy Theories and Belief in Conspiracy Shape American Politics Liam Edward Shaffer Bard College, [email protected] Follow this and additional works at: https://digitalcommons.bard.edu/senproj_s2020 Part of the American Politics Commons, and the Political History Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Shaffer, Liam Edward, "The Parallax View: How Conspiracy Theories and Belief in Conspiracy Shape American Politics" (2020). Senior Projects Spring 2020. 236. https://digitalcommons.bard.edu/senproj_s2020/236 This Open Access work is protected by copyright and/or related rights. It has been provided to you by Bard College's Stevenson Library with permission from the rights-holder(s). You are free to use this work in any way that is permitted by the copyright and related rights. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. The Parallax View: How Conspiracy Theories and Belief in Conspiracy Shape American Politics Senior Project Submitted to The Division of Social Studies of Bard College by Liam Edward Shaffer Annandale-on-Hudson, New York May 2020 Acknowledgements To Simon Gilhooley, thank you for your insight and perspective, for providing me the latitude to pursue the project I envisioned, for guiding me back when I would wander, for keeping me centered in an evolving work and through a chaotic time. -
Afghanistan: Background and U.S. Policy
Afghanistan: Background and U.S. Policy July 18, 2019 Congressional Research Service https://crsreports.congress.gov R45818 SUMMARY R45818 Afghanistan: Background and U.S. Policy July 18, 2019 Afghanistan has been a significant U.S. foreign policy concern since 2001, when the United States, in response to the terrorist attacks of September 11, 2001, led a military Clayton Thomas campaign against Al Qaeda and the Taliban government that harbored and supported it. Analyst in Middle Eastern In the intervening 18 years, the United States has suffered approximately 2,400 military Affairs fatalities in Afghanistan, with the cost of military operations reaching nearly $750 billion. Congress has appropriated approximately $133 billion for reconstruction. In that time, an elected Afghan government has replaced the Taliban, and most measures of human development have improved, although Afghanistan’s future prospects remain mixed in light of the country’s ongoing violent conflict and political contention. Topics covered in this report include: Security dynamics. U.S. and Afghan forces, along with international partners, combat a Taliban insurgency that is, by many measures, in a stronger military position now than at any point since 2001. Many observers assess that a full-scale U.S. withdrawal would lead to the collapse of the Afghan government and perhaps even the reestablishment of Taliban control over most of the country. Taliban insurgents operate alongside, and in periodic competition with, an array of other armed groups, including regional affiliates of Al Qaeda (a longtime Taliban ally) and the Islamic State (a Taliban foe and increasing focus of U.S. policy). U.S. -
The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
Taliban Fragmentation FACT, FICTION, and FUTURE by Andrew Watkins
PEACEWORKS Taliban Fragmentation FACT, FICTION, AND FUTURE By Andrew Watkins NO. 160 | MARCH 2020 Making Peace Possible NO. 160 | MARCH 2020 ABOUT THE REPORT This report examines the phenomenon of insurgent fragmentation within Afghanistan’s Tali- ban and implications for the Afghan peace process. This study, which the author undertook PEACE PROCESSES as an independent researcher supported by the Asia Center at the US Institute of Peace, is based on a survey of the academic literature on insurgency, civil war, and negotiated peace, as well as on interviews the author conducted in Afghanistan in 2019 and 2020. ABOUT THE AUTHOR Andrew Watkins has worked in more than ten provinces of Afghanistan, most recently as a political affairs officer with the United Nations. He has also worked as an indepen- dent researcher, a conflict analyst and adviser to the humanitarian community, and a liaison based with Afghan security forces. Cover photo: A soldier walks among a group of alleged Taliban fighters at a National Directorate of Security facility in Faizabad in September 2019. The status of prisoners will be a critical issue in future negotiations with the Taliban. (Photo by Jim Huylebroek/New York Times) The views expressed in this report are those of the author alone. They do not necessarily reflect the views of the United States Institute of Peace. An online edition of this and related reports can be found on our website (www.usip.org), together with additional information on the subject. © 2020 by the United States Institute of Peace United States Institute of Peace 2301 Constitution Avenue NW Washington, DC 20037 Phone: 202.457.1700 Fax: 202.429.6063 E-mail: [email protected] Web: www.usip.org Peaceworks No. -
Articles Al-Qaida and the Pakistani Harakat Movement: Reflections and Questions About the Pre-2001 Period by Don Rassler
PERSPECTIVES ON TERRORISM Volume 11, Issue 6 Articles Al-Qaida and the Pakistani Harakat Movement: Reflections and Questions about the pre-2001 Period by Don Rassler Abstract There has been a modest amount of progress made over the last two decades in piecing together the developments that led to creation of al-Qaida and how the group has evolved over the last 30 years. Yet, there are still many dimensions of al-Qaida that remain understudied, and likely as a result, poorly understood. One major gap are the dynamics and relationships that have underpinned al-Qaida’s multi-decade presence in Pakistan. The lack of developed and foundational work done on the al-Qaida-Pakistan linkage is quite surprising given how long al- Qaida has been active in the country, the mix of geographic areas - from Pakistan’s tribal areas to its main cities - in which it has operated and found shelter, and the key roles Pakistani al-Qaida operatives have played in the group over the last two decades. To push the ball forward and advance understanding of this critical issue, this article examines what is known, and has been suggested, about al-Qaida’s relations with a cluster of Deobandi militant groups consisting of Harakat ul-Mujahidin, Harakat ul-Jihad Islami, Harakat ul-Ansar, and Jaish-e-Muhammad, which have been collectively described as Pakistan’s Harakat movement, prior to 9/11. It finds that each of these groups and their leaders provided key elements of support to al-Qaida in a number of direct and indirect ways. -
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 -
Federal Research Division Country Profile: Tajikistan, January 2007
Library of Congress – Federal Research Division Country Profile: Tajikistan, January 2007 COUNTRY PROFILE: TAJIKISTAN January 2007 COUNTRY Formal Name: Republic of Tajikistan (Jumhurii Tojikiston). Short Form: Tajikistan. Term for Citizen(s): Tajikistani(s). Capital: Dushanbe. Other Major Cities: Istravshan, Khujand, Kulob, and Qurghonteppa. Independence: The official date of independence is September 9, 1991, the date on which Tajikistan withdrew from the Soviet Union. Public Holidays: New Year’s Day (January 1), International Women’s Day (March 8), Navruz (Persian New Year, March 20, 21, or 22), International Labor Day (May 1), Victory Day (May 9), Independence Day (September 9), Constitution Day (November 6), and National Reconciliation Day (November 9). Flag: The flag features three horizontal stripes: a wide middle white stripe with narrower red (top) and green stripes. Centered in the white stripe is a golden crown topped by seven gold, five-pointed stars. The red is taken from the flag of the Soviet Union; the green represents agriculture and the white, cotton. The crown and stars represent the Click to Enlarge Image country’s sovereignty and the friendship of nationalities. HISTORICAL BACKGROUND Early History: Iranian peoples such as the Soghdians and the Bactrians are the ethnic forbears of the modern Tajiks. They have inhabited parts of Central Asia for at least 2,500 years, assimilating with Turkic and Mongol groups. Between the sixth and fourth centuries B.C., present-day Tajikistan was part of the Persian Achaemenian Empire, which was conquered by Alexander the Great in the fourth century B.C. After that conquest, Tajikistan was part of the Greco-Bactrian Kingdom, a successor state to Alexander’s empire. -
The Biden Administration and the Middle East: Policy Recommendations for a Sustainable Way Forward
THE BIDEN ADMINISTRATION AND THE MIDDLE EAST: POLICY RECOMMENDATIONS FOR A SUSTAINABLE WAY FORWARD THE MIDDLE EAST INSTITUTE MARCH 2021 WWW.MEI.EDU 2 The Biden Administration and the Middle East: Policy Recommendations for a Sustainable Way Forward The Middle East Institute March 2021 3 CONTENTS FOREWORD Iraq 21 Strategic Considerations for Middle East Policy 6 Randa Slim, Senior Fellow and Director of Conflict Paul Salem, President Resolution and Track II Dialogues Program Gerald Feierstein, Senior Vice President Ross Harrison, Senior Fellow and Director of Research Israel 23 Eran Etzion, Non-Resident Scholar POLICY BRIEFS Jordan 26 Dima Toukan, Non-Resident Scholar Countries/Regions Paul Salem, President US General Middle East Interests & Policy Priorities 12 Paul Salem, President Lebanon 28 Christophe Abi-Nassif, Director of Lebanon Program Afghanistan 14 Marvin G. Weinbaum, Director of Afghanistan and Libya 30 Pakistan Program Jonathan M. Winer, Non-Resident Scholar Algeria 15 Morocco 32 Robert Ford, Senior Fellow William Lawrence, Contributor Egypt 16 Pakistan 34 Mirette F. Mabrouk, Senior Fellow and Director of Marvin G. Weinbaum, Director of Afghanistan and Egypt Program Pakistan Program Gulf Cooperation Council (GCC) 18 Palestine & the Israeli-Palestinian Peace Process 35 Gerald Feierstein, Senior Vice President Nathan Stock, Non-Resident Scholar Khaled Elgindy, Senior Fellow and Director of Program Horn of Africa & Red Sea Basin 19 on Palestine and Palestinian-Israeli Affairs David Shinn, Non-Resident Scholar Saudi Arabia 37 Iran -
United States, Taliban and Fundamentalism in Afghanistan
American International Journal of Available online at http://www.iasir.net Research in Humanities, Arts and Social Sciences ISSN (Print): 2328-3734, ISSN (Online): 2328-3696, ISSN (CD-ROM): 2328-3688 AIJRHASS is a refereed, indexed, peer-reviewed, multidisciplinary and open access journal published by International Association of Scientific Innovation and Research (IASIR), USA (An Association Unifying the Sciences, Engineering, and Applied Research) United States, Taliban and Fundamentalism in Afghanistan: The Growing Instability in Afghanistan Naseer Ahmed Kalis Senior Research Fellow, Department of Strategic and Regional Studies, University of Jammu, J&K, India- 180006 Abstract: This paper aims to elucidate the causes of perpetual instability in Afghanistan since September 11, 2001. It argues that the foreign powers are responsible for “rolling back the stability” and making it a “zone of instability”. United States and Soviet Union, ‘the dancing evils of Cold war’, propel the Afghan descent towards extremism. United States produced so called Mujahedeen and freedom fighter and equipment them with weapons for their strategic interest (to roll back Soviet Union). After winning its Strategic Interest, United States estranged from these Freedom Fighters and remained a silent spectator. When these freedom fighters launched their full-fledged extremism and even not spared United States, United States act as a “wounded bear” and fought the longest war of its history without any conclusion and finally withdraw its NATO forces ‘by force not by choice’. This paper conclude that it is now the responsibility of neighbouring states like Pakistan, Russia, China and India to take comprehensive steps to stabilize Afghanistan and to made security alliances to make Afghanistan a zone of peace.