Terrorism & Security
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JOURNAL ON TERRORISM & SECURITY ANALYSIS SPRING 2011 Salient but Unappreciated: Issues in National and International Security and Defense Policy for the Next Decade Christian Geib Fire Down Below: How the Underwear Bomber Revealed the U.S. Counterterrorism Community as Hemmed in by the Seams of Legislative Ambiguity Braden Civins JUS POST BELLUM: Refections on the Right Way to End a War Richard M. O’Meara Shedding New Light on North Korea’s Nuclear Ambitions Nellwyn Olson Cross-Spectrum Similarities Between Violent Non-State Actors Sean Atkins An Assessment of the UK Anti-Terrorism Strategy and the Human Rights Implications Associated with its Implementation Emmanouela Mylonaki and Tim Burton Creating More Turmoil: Why UAV Strikes will be Counterproductive in Yemen William Mayborn Somali Piracy and the Western Response Brendon Noto Counterterrorism Strategies: A Comparative Analysis of Ethiopia and Kenya Simon Nyambura Cyber-terrorism Jack Jarmon STUDENT ASSOCIATION on SATSA TERRORISM and SECURITY ANALYSIS Journal on Terrorism and Security Analysis Volume 6 ● Spring 2011 Editorial Team Editor-in-Chief Thomas Schafbuch Assistant Editors Patrick Vanderpool Kristina (Energia) Naranjo-Rivera Senior Associate Editor Michael Lehmann Associate Editors Gary Clark Egon Donnarumma Amela Kraja Brian Riedy Bo Shoemaker Daniel DePetris David Sophrin Kathryn Theobald Cover Design Artist Whitney Parker Table of Contents: Note from the Editors i Author Bios ii Salient but Unappreciated: Issues in National and International Security and Defense Policy for the Next Decade 1 Christian Geib Fire Down Below: How the Underwear Bomber Revealed the U.S. Counterterrorism Community as 17 Hemmed in by the Seams of Legislative Ambiguity Braden Civins JUS POST BELLUM: Reflections on the Right Way to End A War 35 Richard M. O’Meara Shedding New Light on North Korea's Nuclear Ambitions 46 Nellwyn Olson Cross-Spectrum Similarities Between Violent Non-State Actors 52 Sean Atkins An Assessment of the UK Anti-Terrorism Strategy and the Human Rights implications Associated with its 66 Implementation Emmanouela Mylonaki and Tim Burton Creating More Turmoil: Why UAV Strikes Will Be Counterproductive in Yemen 79 William Mayborn Somali Piracy and the Western Response 83 Brendon Noto Counterterrorism Strategies: A Comparative Analysis of Ethiopia and Kenya 97 Simon Nyambura Cyber-terrorism 102 Jack Jarmon Dear Reader: It is with great Pleasure to introduce you to the 6th volume of the Journal on Terrorism and Security Analysis (JTSA). The editorial staff consists of graduate students from the Syracuse University College of Law, the Maxwell School and the Newhouse School of Public Communication. While JTSA’s editors have various backgrounds and interests, the team shares a passion for national and international security. Our journal acted as a clearing house for the Student Association on Terrorism and Security Analysis’ (SATSA) annual conference. SATSA invited the authors Producing the most comPrehensive and thought Provoking Papers to Present their findings. The keynote speaker was General Richard O’Meara; his article argues that scholars and strategists overemPhasize the justification and means to wage war at the eXPense of discussing when a war is over. The discussion Panel consisted of Braden Civins, Professor Jack Jarmon and Captain Sean Atkins. The panelists drew from their diverse background (law student, university faculty member and Air Force officer, resPectively) to discuss relevant toPics on crime and terrorism. Civins critiques the executive and legislative resPonse to the Christmas “underwear bomber” in 2009, Jarmon discusses the role of cyber security and cyber terrorism and its imPlications and Atkins discusses similarities shared between violent non-state actors such as terrorists and street gangs. This edition has a variety of authors and viewPoints; at times these views conflict with one another. While the journal is security focused, JTSA does not subscribe to an overarching ideology or worldview. Instead, we focus on Promoting knowledge and critical thinking on the most salient security issues around the world. Our call for papers attracted submissions not just from various universities in the United States but from around the world. This is a testament to how national and international security is becoming increasingly blurred with a globalized economy and an ever “flattening” world. As Nyambura outlines in his article, terrorist attacks and government resPonses in Kenya and Ethiopia are not merely an African Problem, but also have imPlications for the United States. Professor Mylonaki details how the American led “war on terror” has had spillover effects in the United Kingdom. She outlines how the counterterrorism legal regime in the UK challenges traditional human rights enjoyed by British subjects and residents. But the journal also Promotes local talent: Nellywn Olson, from the MaXwell School of Syracuse University, questions the default view that North Korea is Pursuing a nuclear weapons Program by analyzing a rePort Produced from a leading American nuclear scientest. Also, Brendan Noto from the University of Albany and a Navy veteran critiques American anti-Piracy oPerations off the coast of Somalia. National and international security is never static or Purely academic. As this issue goes to print, world events imPlore Policy makers to continually think outside the box. The international community is intervening with air strikes in Libya and revolutions are rocking Tunisia and EgyPt. There are signs that Yemen, under the leadershiP of Ali Abdullah Saleh, is under extreme Pressure to reform. Mayborn argues that US drone use in Yemen may cause Potential backlash from the Yemeni PoPulation. Specifically, the Yemeni PoPulation may link cooPeration between the Yemeni and American government on the use of armed UAVs in Yemen as American complicity with Yemeni rePression and poor economic Policy. Finally, the editorial board is excited to Put these articles on the web for academics, Practitioners and students alike to utilize in the future. The editorial board would like to thank the Institute for National Security and Counterterrorism (INSCT) for the financial and moral suPPort they provided for the project. We hope you enjoy this years’ issue. Sincerely, JTSA Editorial Board i AUTHOR BIOS Christian Geib is Pursuing a LLM at Stanford Law School. He earned his degree of Bachelor of Law LL.B. (J.D.equivalent) in 2006 as Part of a multilingual/multijurisdictional degree of the Hanse Law School Program between the Universities of Bremen, Oldenburg (Germany) and Groningen (The Netherlands). Prior to his law school studies he had studied Political science at the University of Tübingen (Germany) and the Catholic University of Santiago de Chile. During his studies he interned at the German Parliament, the international law dePartment of the German Ministry of Defense and in corporate investment banking of Deutsche Bank. Following his graduation he worked with a large retail company and for a science and research Policy project of the EuroPean Commission. Geib is a reserve officer with the German Armed Forces. Braden Civins, a native TeXan, is in his final year of study at The University of TeXas, Pursuing a J.D. from the School of Law and a Master of Global Policy Studies and sPecialiZing in Security Studies at the Lydon B. Johnson School of Public Affairs. He is a member of the TeXas International Law Journal and former ParticiPant in the National Security Clinic, where he co- authored a successful aPPellate brief on behalf of a Guantanamo Bay detainee. He works at the Robert S. Strauss Center for International Security and Law. He sPent recent summers working at the Criminal Prosecutions Division of the TeXas Attorney General’s Office, the House of RePresentatives Committee on Foreign Affairs, and the DePartment of State. Richard M. O’Meara is a retired Brigadier General (USA) and trial attorney who teaches human rights, security issues, and international law in the Division of Global Affairs, Rutgers University. His is also develoPing a Program of study leading to an Associate’s Degree in Homeland Security Studies at Ocean County College, NJ. He has served as a resident fellow at the Stockdale Center for Ethical LeadershiP, US Naval Academy and has taught governance and rule of law issues in such diverse locations as Cambodia, Rwanda, Chad, PhiliPPines, Guinea, Sierra Leone, Slovenia, Moldova, Ukraine, Bosnia-Herzegovina, Peru, El Salvador and Iraq. He served as an EMT for the Red Cross in following the 9/11 attack at the World Trade Center. Nellwyn Olson is currently a Master of Arts candidate in International Relations at the MaXwell School of CitiZenshiP and Public Affairs, where she is focusing on Global Security and East Asia foreign Policy. Her research interests include identifying the illicit flow of nuclear materials in East Asia and the smuggling routes of drugs and weapons throughout Southeast Asia and Oceania. She graduated with a Bachelors in Business Administration from the StePhen M. Ross School of Business at the University of Michigan where she studied corporate strategy, Southeast Asian area studies, and economics. Sean Atkins is an active duty officer in the United States Air Force. He has dePloyed to both Iraq and Afghanistan, where some of the ideas Presented in this article first took shape. He holds a BA with honors from the University of Southern California and an MA with distinction from King's College London. Dr. Emmanouela Mylonaki is a Senior Lecturer in Law at London South Bank University, UK and Director of Postgraduate Studies. Mylonaki holds an LLB from the University of Athens, an LLM in International Law University of Westminster, an MPhil in Criminology from Cambridge and a PhD in Law from Bristol University. Her academic research focuses broadly on international criminal law and more sPecifically on international terrorism and counter-terrorism legislation. Tim Burton is a Crown Prosecutor currently working in London. He holds an LLB degree and an LLM in Crime and Litigation from London South Bank University. He is a guest lecturer on terrorism and Policing at London South Bank University.