The War on Terror and the Law of War: Shaping International Order in the Context of Irregular Violence

Author(s):  
Michael Stohl

After 11 September 2001 it was routinely declared that 9/11 ‘changed everything’ and that what had changed was immutable. Following the synthesis on democracies’ war justifications over the last three decades presented by Anna Geis and Wolfgang Wagner, Michael Stohl focuses on US-American justifications of the ‘war on terror’: He explores how 9/11 altered the constructions of the threat of terrorism and how these constructions in turn affected arguments and justification for the use of force in the context of counter-terrorism. The creation of the ‘war on terror’ was a core component of the construction of new national security threats. This was accompanied by the securitization of counter-terrorism. Increased fear of further attacks reinforced the persistence of a Westphalian interstate system and the central role of sovereignty claims within the global governance regime. This altered the balance within most democratic national states between law enforcement approaches for domestic threats and alliance-based or unilateral armed responses for international threats. The chapter explores how this has further altered arguments for and justifications of the use of force at home and abroad.

2020 ◽  
pp. 174165902096637
Author(s):  
Jeffrey Monaghan

Expansive domains of counter-terrorism policing remain buffered from popular visibility, and police organizations remain primary definers of security threats and the police work involved in controlling these threats. Examining the interface between police image work and the continued intensification of the “war on terror,” this article details how police agencies stage police raids, arrests, and press conferences in efforts to frame terrorism narratives in Canada; a police dramaturgy that shapes how the public consumes news about the threat of Islamic terrorism and the pre-crime interventionism of policing and security agencies. To examine these police newsmaking practices, two approaches are utilized: first by detailing experiences of defence lawyers who have worked on high-profile cases, then through an analysis of declassified documents related to the preparation and roll-out of a high profile national press conference to narrate the interdiction and killing of prospective terrorist Aaron Driver. Contributing to debates on police image work and contemporary debates around police power, this article demonstrates how policing agencies curate the image of counter-terrorism through newsmaking practices that exaggerate the threat of terrorism, shape the public imaginary around the threat of Islam, refurbish the role of police as symbolic guardians against evil, and aim to reproduce securitarian politics that advocate for more pre-emptive and surveillance powers.


Author(s):  
Peddie Jonathan

The previous two chapters looked at the notion that the management of proceeds of crime and counter-terrorism have ceased to be independent legislative endeavours for governments, and increasingly form an inter-dependent set of measures together with other, international initiatives including the various international sanctions regimes. This chapter, and the ones that follow, look at the identification of illegal conduct, restraint, recovery of proceeds and close scrutiny and prosecution of perpetrators, and intelligence-led management of the threat to the UK’s economic and national security interests. On the one hand, terrorism amounts to criminal conduct to which the provisions of POCA 2002 apply as they do to the proceeds of any criminality, and there is clear interplay between the relevant regimes. Yet, on the other hand, the legislation considered in this chapter creates specific powers concerning those involved in terrorist acts, those who promote and facilitate it and the methods through which such individuals may be starved of financial means. The chapter looks at the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; and the Terrorism Asset Freezing etc Act 2010. It then considers the role of the wider UK enforcement and intelligence community. Finally, it takes a look at the Serious Crime Act 2007.


2020 ◽  
Vol 47 (1) ◽  
pp. 1-40
Author(s):  
Horace G. Campbell

Abstract The documented evidence of the Kenyan military collaborating with the so-called forces of terror in Somalia to maintain their accumulation of approximately $400 million every year hardly made the international headlines as the leaders of Kenya have been rehabilitated into the ranks of those allied to US imperialism in waging a war on terror. There is an examination of the links between the US intelligence forces and the Kenyan cartels in keeping alive the terror threat in Somalia. Very few scholars have followed up on the revelations of the role of the Central Intelligence Agency (CIA) in funding those who matured into what is now called terror groups in Somalia through the Alliance for the Restoration of Peace and Counter-Terrorism. The challenge for scholars for peace will be to penetrate the US Africa Command shibboleths on ‘failed states’ in order to work for a program of peace and reconstruction in Africa. In the conclusion, the paper will argue that the withdrawal of the Kenyan troops from Somalia and demilitarization of security will be a concrete step to break up the cartels that are in the business of terror.


2018 ◽  
Vol 4 (2) ◽  
pp. 151-158
Author(s):  
Oleksandr Shamara

The paper presents the research on the Role of the Prosecutor of Ukraine in the national system of counteracting terrorism. In the paper the author undertook an attempt of the analysis of Ukraine legislative system in the field of current (as of 30/09/2018) legal tools to counter terrorism, including Constitution of Ukraine, Prosecutor of Ukraine Law, National Security Law and the Act on combating terrorism.


2009 ◽  
Vol 27 (3) ◽  
pp. 331-360 ◽  
Author(s):  
Daragh Murray

As a result of the ‘War on Terror’ domestic governments and the international community have paid increasing attention to counter-terrorism legislation. Given the meteoric rise in prominence of the Internet, and the ever-expanding ‘terrorist’ use of this entity, it is unsurprising that the Internet has now become the focus of legislative attention. However, what does this mean for one of the most fundamental of human rights, the right to freedom of expression? This article will analyse the concepts of incitement, glorification and dissemination as they relate to the Internet, and evaluate their place within the broader framework of the right to freedom of expression. Consequently, ‘context’, the quantifiable circulation of content, and other relevant issues are evaluated through the prism of the Internet. Similarly, the role of the ‘blogger’ is discussed as it relates to the dissemination of information, and the overarching concept of participatory democracy. For illustrative purposes, the United Kingdom's Terrorist Act 2006, and the jurisprudence of the European Court of Human Rights will be of primary interest.


Politics ◽  
2002 ◽  
Vol 22 (2) ◽  
pp. 76-85 ◽  
Author(s):  
Shlomo Shpiro

This article argues that the events of 11 September 2001, and the subsequent ‘war on terror’, have highlighted the role of the media in both the coverage and conduct of modern conflict. The article concentrates on the ‘conflict media strategies’ pursued by belligerents and examines the development and refinement of such strategies over time, from the Second World War through to the conflict in Afghanistan. Using data from Vietnam, the Falklands, the Gulf, Kosovo and other conflicts, I argue that an effective conflict media strategy is an essential tool of warfare that is used by states and terrorist groups alike.


2021 ◽  
pp. 146144482110351
Author(s):  
Marguerite Borelli

This article discusses the role of giant social media corporations Facebook, Google (YouTube), and Twitter in counter-terrorism and countering violent extremisms (CT/CVEs). Based on a qualitative investigation mobilizing corporate communications as well as a collection of interviews with European stakeholders, it argues that these firms have become actors in this policy area of what is traditionally considered high politics, through their fundamental role in establishing and enforcing the nascent global governance regime on terrorist communications. Since the emergence of the self-proclaimed Islamic State of Iraq and Syria (ISIS), the studied firms have displayed agency and creativity in their appropriation of this new responsibility, effectively going beyond what was legally required of them. After contextualizing and questioning their involvement, motivated by terrorist exploitation of their services, reputational pressure and the threat of legislation, the article provides an analysis of the firms’ self-regulated commitment to CT/CVE through policymaking, content moderation, human resources, and private multilateralism.


2011 ◽  
Vol 18 (1, 2 & 3) ◽  
pp. 2009
Author(s):  
The Hon. Edmond P. Blanchard

I am very pleased to have been invited to the University of Alberta to participate in a collec- tive reflection and debate on “National Security, the Law, and the Federal Courts.” As you are all aware, issues of national security have taken on new life since the inception of the war on terror, but what you may not be aware of is the com- plexities inherent in adjudicating these issues within the context of a democratic and rights- oriented society. I will do my best to give you a sense of the kinds of issues that come before the Federal Court in this regard, and how national security considerations raised therein must be balanced against the rights of citizens.


2017 ◽  
Vol 48 (3) ◽  
pp. 241-258 ◽  
Author(s):  
Matt McDonald ◽  
Lee Wilson

The last decade in Indonesia has seen the emergence of localized militia groups. In Bali, these groups are now particularly prolific. Conventional wisdom in international relations thought is that these organizations constitute a threat to the authority of the state (its monopoly on the legitimate use of force) and may require national security measures to deal with them. Yet these organizations ultimately define their own role in terms of the provision of security, claiming that they act to preserve or advance core values of their communities. In this sense, their security role with reference to the state is ambiguous: they often enjoy legitimacy at the local level and perform important security functions for their local communities, even while constituting an alternative site of security practice and challenging the (exclusive) security role of the Indonesian state. Drawing on ethnographic research, this article examines these actors as security agents and employs a framework of security contestation to make sense of the manner in which they engage with and redefine the provision of security in Bali. In this context, the emergence and practices of Balinese militia groups challenge the way we view non-state actors in the security space and, more generally, the way we conceive security agency in international relations.


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