FIGHTING TERRORISM IN THE LIBERAL STATE NATO Security through Science Series This Series presents the results of scientific meetings supported under the NATO Programme for Security through Science (STS). Meetings supported by the NATO STS Programme are in security-related priority areas of Defence Against Terrorism or Countering Other Threats to Security. The types of meeting supported are generally “Advanced Study Institutes” and “Advanced Research Workshops”. The NATO STS Series collects together the results of these meetings. The meetings are co-organized by scientists from NATO countries and scientists from NATO’s “Partner” or “Mediterranean Dialogue” countries. The observations and recommendations made at the meetings, as well as the contents of the volumes in the Series, reflect those of participants and contributors only; they should not necessarily be regarded as reflecting NATO views or policy. Advanced Study Institutes (ASI) are high-level tutorial courses to convey the latest developments in a subject to an advanced-level audience Advanced Research Workshops (ARW) are expert meetings where an intense but informal exchange of views at the frontiers of a subject aims at identifying directions for future action Following a transformation of the programme in 2004 the Series has been re-named and re- organised. Recent volumes on topics not related to security, which result from meetings supported under the programme earlier, may be found in the NATO Science Series. The Series is published by IOS Press, Amsterdam, and Springer Science and Business Media, Dordrecht, in conjunction with the NATO Public Diplomacy Division. Sub-Series A. Chemistry and Biology Springer Science and Business Media B. Physics and Biophysics Springer Science and Business Media C. Environmental Security Springer Science and Business Media D. Information and Communication Security IOS Press E. Human and Societal Dynamics IOS Press http://www.nato.int/science http://www.springeronline.nl http://www.iospress.nl Sub-Series E: Human and Societal Dynamics – Vol. 9 ISSN: 1574-5597 Fighting Terrorism in the Liberal State An Integrated Model of Research, Intelligence and International Law Edited by Samuel Peleg Department of Political Science and Strategic Dialogue Center, Netanya College, Israel and Wilhelm Kempf Department of Psychology, University of Konstanz, Germany Amsterdam • Berlin • Oxford • Tokyo • Washington, DC Published in cooperation with NATO Public Diplomacy Division Proceedings of the NATO Advanced Research Workshop on Fighting Terrorism in the Liberal State: An Integrated Model of Research, Intelligence and International Law Konstanz, Germany 15–16 April 2005 © 2006 IOS Press. All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without prior written permission from the publisher. ISBN 1-58603-600-9 Library of Congress Control Number: 2006922869 Publisher IOS Press Nieuwe Hemweg 6B 1013 BG Amsterdam Netherlands fax: +31 20 687 0019 e-mail: [email protected] Distributor in the UK and Ireland Distributor in the USA and Canada Gazelle Books Services Ltd. IOS Press, Inc. White Cross Mills 4502 Rachael Manor Drive Hightown Fairfax, VA 22032 Lancaster LA1 4XS USA United Kingdom fax: +1 703 323 3668 fax: +44 1524 63232 e-mail: [email protected] e-mail: [email protected] LEGAL NOTICE The publisher is not responsible for the use which might be made of the following information. PRINTED IN THE NETHERLANDS Fighting Terrorism in the Liberal State v S. Peleg and W. Kempf (Eds.) IOS Press, 2006 © 2006 IOS Press. All rights reserved. Introduction: Terrorism and the Open Society – A Question of Balance Samuel PELEG Department of Political Science and Strategic Dialogue Center at Netanya College, Israel In June 1974, I was staying with my Aunt and Uncle during my summer vacation. They lived in northern Israel, in the sleepy little town of Naharya. At the age of 16, it was the farthest away from home that I could go. On the fifth night of my visit, at around 2:00 a.m., we were violently awakened by a barrage of bullets and the deafening blasts of hand grenades. We were all terribly frightened and felt totally helpless. The onslaught lasted for about 30 minutes, and then suddenly everything fell ominously silent. At dawn, we learned how fortunate we had been: The attack on the apartment house was the work of a terrorist band that had crossed over the border from Lebanon earlier that night. My relatives’ building had been randomly selected, simply because it was located near the shore. The terrorists continued wounding and killing the residents of the ground floor until Israeli Special Forces moved in, surrounded them and ended their rampage. That was my first encounter with the phenomenon of terrorism – but not my last. On March 4, 1996, a beloved teaching assistant and former student, Taly Gordon, was killed by a suicide bomber, along with 19 other innocent persons who happened to be present in a central shopping mall in Tel Aviv. The terrorist was a Palestinian artist from Gaza who belonged to Islamic Jihad. Four months earlier and three kilometers away, I had attended a peace rally that ended with the assassination of Prime Minister Yitzhak Rabin. Only an hour before the murder, my wife, our small daughter and I had passed very close by the spot where the Jewish extremist who killed Rabin was patiently waiting for his opportunity. I may even have seen him. He had not appeared the least bit suspicious either to us or to the hundreds of security personnel who were guarding the area. These examples illustrate my personal acquaintance with the nature of terrorism: indiscriminate, ruthless and unexpected. Lurking in the shadows like a ferocious beast, terrorism is aggressive and vicious. To its prey, it does not matter whether the beast is hungry or has a right to kill. From the victim’s point of view, any lethal assault is depraved, senseless and criminal. Nevertheless, however clearly and unambiguously terrorism is captured in these personal recollections, it is still a highly perplexing and confusing phenomenon. Scholars and practitioners are constantly debating the nature of terrorist activities in various parts of the world. The anti-terrorist effort is notoriously faltering and indecisive, and global cooperation against terrorism is reprehensibly inadequate. These shortcomings are especially conspicuous in liberal states, where insidious, ruthless and indiscriminate terrorism exploits the liberty and vulnerability of the open society. Terrorism appears to flourish and attract attention by striking at the soft underbelly of vi democracy. The accessibility of targets and the “silent collaboration” of the media, which exploit the sensationalism of terrorist attacks for commercial advantages, play into the hands of terrorists. This is the dilemma of terrorism in the liberal state: Should democratic liberties be curtailed for the sake of greater security? Isn’t the restriction of civil liberties a triumph for terrorism? If a “golden path” must be found, combating terrorism without sacrificing human rights and freedoms, where does such a path lead? Such questions inspired the April 2005 NATO Advanced Research Workshop, which was held at the University of Konstanz in southern Germany. This volume presents the outstanding contributions of participants at that gathering. It consists of papers by 18 leading scholars and practitioners of the war against terrorism from four continents and nine countries. They include philosophers, political scientists, psychologists, criminologists, jurists, sociologists, historians, computer analysts, intelligence analysts and law enforcement officers. This remarkably varied range of participants yielded a fascinating meeting and a noteworthy, often provocative collection of papers. The great diversity enriched our undertaking with a variety of philosophies, perspectives, and understandings. It brought together a plurality of cultures, norms and experiences to afford an exhilarating mixture of definitions and approaches. The workshop benefited greatly from the open-mindedness and forbearance reserved for those unique occasions where a diverse group of persons is present. The complex and varied nature of the contributions is reflected in this collection. Terrorism and counter-terrorism are in many ways mirror images of each other, and their names reflect that notion quite well. They are both violent activities that attempt to influence political developments and situations: the former in the direction of change, instability and disorder, the latter in the opposite direction of the status quo, stability and order. They both vie for an attentive audience and for the legitimacy of the “critical mass.” The challengers aspire to convince the population of the callousness and brutality of their government, while the authorities in turn strive to portray their opponents as ruthless criminals and malefactors. Both parties try to win the hearts and minds of the people. This struggle is waged on all political fronts, whether aimed at the members of a tribe, the citizens of a nation or world public opinion. It is relevant and meaningful on every level. While counter-terrorism marches under the banner of law and morality, terrorism defies the law and attempts to recast morality in its own terms. While the former boasts of order and stability, the latter proclaims justice and equality. The papers in this book illustrate this balanced dichotomy