MAY 2008 . VOL 1 . ISSUE 6 COMBATING TERRORISM CENTER AT WEST POINT CTC Sentinel OBJECTIVE . RELEVANT . RIGOROUS Contents Abu Yahya al-Libi’s “Human FEATURE ARTICLE Shields in Modern Jihad” 1 Abu Yahya al-Libi’s “Human Shields in By Jarret Brachman and Abdullah Warius Modern Jihad” By Jarret Brachman and Abdullah Warius REPORTS 4 The Funding Methods of FATA’s Terrorists and Insurgents By John Solomon 7 Abu Muhammad al-Maqdisi: A Counter-Terrorism Asset? By Joas Wagemakers 9 Human Smuggling and Trafficking: An International Terrorist Security Risk? By Jacob Townsend and Hayder Mili 12 Combating Terrorism with Non-Lethal Weapons By John B. Alexander 14 Evaluating the Terrorist Threat Posed by African-American Muslim Groups By Christopher Heffelfinger 17 Al-Qa`ida’s Medinan Strategy: Targeting Global Energy Infrastructure By Marisa Urgo and Jack F. Williams 19 Iraq’s Ho Chi Minh Trail: The Syrian-Iraqi Border Since 2003 n the course of defending al- apostasy. The method in which al-Qa`ida By James Denselow Qa`ida against charges of unjustly is promoting al-Tatarrus, however, seeks to killing innocent Muslims during facilitate the sacrifice of Muslim lives in 21 Recent Highlights in Terrorist Activity I his April 2, 2008 “open interview,” contravention of 14 centuries of religious 25 CTC Sentinel Staff & Contacts Dr. Ayman al-Zawahiri reintroduced teachings. For instance, both al-Qa`ida in 3 Hukm al-Tatarrus (the law on using human the Arabian Peninsula and the al-Qa`ida shields) into the debate.1 A relatively Organization in Yemen4 hid behind the unfamiliar term to non-Muslims and protections offered by al-Tatarrus in their Muslims alike, al-Tatarrus refers to God’s justification of terrorist attacks that sanctioning of Muslim armies that are About the CTC Sentinel forced to kill other Muslims who are 3 Al-Qa`ida in the Arabian Peninsula (AQAP) relied on The Combating Terrorism Center is an being used as human shields by an the al-Tatarrus concept when pushed by the Arab press 2 independent educational and research enemy during a time of war. Al-Tatarrus about why they killed so many women and children in institution based in the Department of Social is a religiously legitimate, albeit obscure, the course of their attacks. For instance, in reaction to Sciences at the United States Military Academy, Islamic concept that al-Qa`ida ideologues the al-Muhayya bombings in Riyadh, an AQAP official, West Point. The CTC Sentinel harnesses have been increasingly using in order to Muhammad al-Ablaj, told Majallat al-Majalla (November the Center’s global network of scholars and exculpate themselves from charges of 2003) that anyone who gathers in places frequented by practitioners in order to understand and non-Muslim enemies or who fails to flee those places is confront contemporary threats posed by 1 Ayman al-Zawahiri, “Open Interview with Shaykh Ay- subject to the law of human shields, which protects one terrorism and other forms of political violence. man al-Zawahiri,” published jointly by al-Sahab Media from God’s wrath if they are unable to distinguish be- Production Organization and al-Fajr Center for Media, tween killing Muslims and non-Muslims in the course of April 2, 2008, part one. a combat operation on a legitimate target. The views expressed in this report are those of 2 In its most comprehensive formulation, al-Tatarrus also 4 On November 7, 2007, the al-Qa`ida Organization in the authors and not of the U.S. Military Academy, sanctions the intentional killing of non-Muslim women Yemen released the wills of the suicide attackers who the Department of the Army, or any other agency conducted four coordinated attacks against oil installa- of the U.S. Government. and children when they are being used as shields, an is- sue that Abu Yahya mentions briefly. tions in Hadramawt, Yemen in September 2006. 1 MAY 2008 . VOL 1 . ISSUE 6 resulted in significant Muslim casualties. when a Muslim army is forced to kill other As if criticizing 14 centuries of Islamic Al-Qa`ida’s use of al-Tatarrus was also at Muslims who are being used as shields by thought on the matter was not enough, the heart of Sayyid Imam Sharif’s recent non-Muslim enemies. The non-Muslim Abu Yahya decides to reject the premise, attacks against al-Zawahiri and al- enemy, Abu Yahya accurately explains, saying, “I have never seen [al-Tatarrus Qa`ida.5 puts their Muslim captives as an explicit concept] mentioned in hadiths of the Prophet or in the Although an extensive body of Islamic in places that make it impossible biographies of the fighting companions literature exists on the topic, al-Zawahiri for the Muslim army to reach them in this same particular way that cited only three sources of intellectual and hit them without killing or scholars have expressed it.” By calling authority regarding al-Tatarrus: his own injuring the prisoners. This serves the conditions placed on al-Tatarrus by books, a brief statement on the topic by as an obstacle in front of the Muslim Islamic scholars something “new” (and army to stop them from attempting thus an “innovation”), he grants himself an attack and as a deterrent to the religious authority to not only reject “Abu Yahya’s small attacking and striking. the entire body of Islamic literature essay on al-Tatarrus is (and accompanying restrictions) on Abu Yahya even celebrates the fact that the killing of innocent Muslims, but he nothing short of a religious previous Islamic scholars have dealt with positions himself as the sole arbiter of revolution.” the topic and conditions of al-Tatarrus, what constitutes “permissibility” with calling their work “a gift from God.” regard to killing. When one pushes past Abu Yahya’s The Impact of Modern Warfare Usama bin Ladin and a short monograph spellbinding prose and sycophantic After dismissing an entire tradition penned by Abu Yahya al-Libi explicitly praise of Islamic tradition, however, the of Islamic scholarship out-of-hand, on al-Tatarrus.6 Al-Zawahiri’s reference enormity of his real ambition becomes Abu Yahya takes on his next major to Abu Yahya al-Libi, the crown prince shockingly clear: Abu Yahya’s small challenger: the Qur’an and hadith. of al-Qa`ida, can be viewed as a savvy essay on al-Tatarrus is nothing short of a Instead of defending himself against political move, one that allays jihadist religious revolution. the most damning Qur’anic and hadith fears of an Egyptian-Libyan rift within the passages regarding the prohibitions “high command,” while simultaneously Early Islamic thinkers typically used three against killing innocent Muslims as one bolstering Abu Yahya’s status within general forms of shielding in the course might expect, Abu Yahya flaunts his the movement. One could also view the of their discussions on the matter: first, intellectual flexibility in a curious two- reference as al-Zawahiri’s attempt to the intentional placement of Muslims in step. First, he embraces those passages, refocus the global jihadist movement’s an enemy fort or outpost that a Muslim becoming their strongest proponent: attention on Abu Yahya’s two-year-old army wants to conquer as either residents “There are numerous hadiths to work, Human Shields in Modern Jihad, because or prisoners; second, the placement of this effect; they are strict about the it offers something that al-Zawahiri Muslims onboard an enemy ship that sacredness of Muslim blood, and they believes important.7 a Muslim army wants to sink; or third, warn ardently against breaching it and when an enemy force literally takes cover not respecting it,” he ironically reminds Revolution in 36 Pages behind Muslims in a combat situation. the reader. Yet it becomes quickly At first glance, Abu Yahya’s 36-page apparent that his agreement with those monograph seems to be little more than a Abu Yahya begins his theological verses is entirely disingenuous. dry analysis of fiqh (Islamic jurisprudence) upheaval by explaining that these early on the matter of killing non-combatants. thinkers were not specific enough in their While the Qur’anic and hadith He correctly defines al-Tatarrus as the discussions on the use of human shields restrictions on killing innocent exemption to the Islamic prohibition nor did they adequately articulate the Muslims were appropriate during the against shedding innocent Muslim blood conditions under which it is permissible early days of Islam, he suggests, they to shed Muslim blood in the course of should have no bearing on warfare 5 Sayyid Imam Sharif criticizes the jihadist movement warfare against a non-Muslim enemy today because modern warfare is for too loosely employing the al-Tatarrus justification as when they take Muslims as human qualitatively different. Whereas early a way of helping them to expand their circle of killing. shields. This perceived historical failure Islamic thinkers had to consider the Sayyid Imam Sharif, “First Part: Rationalizing Jihad of the early scholars to deal with al-Tatarrus implications of using a catapult against in Egypt, the World,” al-Masri al-Yawm, November 18, honestly and comprehensively, whether an enemy fortress in which Muslims 2007. Also see Jarret Brachman, “Leading Egyptian Ji- due to their fear or embarrassment, he were residing, or conducting night hadist Sayyid Imam Renounces Violence,” CTC Sentinel says, has led to a condition wherein the raids against an enemy household in 1:1 (2008). unjustified spilling of Muslim blood has which Muslims were likely present, the 8 6 Specifically, the books Ayman al-Zawahiri referenced become pervasive. nature of contemporary warfare is one of his own include The Healing of the Believers’ Chests and where the enemy uses “raids, clashes The Exoneration.