ANTI-TERRORISM LAW AND POLICY -KEENAN- FALL2017 OUTLINE
Many definitions. No consent about a universal definition.
Could be considered as:
As a method
As an act of war
Organized, deliberated and systematic
Susan TIEFENBRUN’s definition
1) The perpetration of violence by whatever means;
2) The targeting of innocent civilians;
3) With the intent to cause violence or with wanton disregard for its consequences;
4) For the purpose of causing fear, coercing or intimidating an enemy;
5) In order to achieve some political, military, ethnic, ideological, or religious goal.
HISTORY OF TERRORISM
Is important to know the history to understand that terrorism changes throughout time and to prevent future waves (Rapoport, “The four waves”).
Understand what went wrong and connect.
THE FOUR WAVES: Helps us understand how the nature of terrorism has changed.
One event that shows how terrorism has changed in the 9/11 attacks. To understand it, we must address the following questions:
How were the 9/11 attacks different from previous terrorist incidents?
First time civilian aircraft airplanes were used as weapons.
Taking down a building that symbolized capitalism to America
What vulnerabilities did the 9/11 attackers exploit?
Going through security check points at airports without trouble
Flight training, purchasing and flight simulations
Inadequate monitoring systems in Airports – insufficient private security
Inefficient coordination of information about the threats
Acquiring information about terrorist intentions
Inefficient coordination of responses during the attack
Which of these vulnerabilities could be addressed in a meaningful way by legal changes?
Law enforcement prosecution
Changes on airport policy to guarantee national security
THE METHODS, PSYCHOLOGY AND IDEOLOGY OF MODERN TERRORISM
Understanding what motives terrorist to join organizations is important because it helps determine how regulation can achieve the goal of deterring this behavior, by understanding it. The conclusions are reached through empirical evidence, then it is not necessarily exact. Besides, the information gathered is not done in a rigorous way.
Research shows that there are certain cultures where terrorism develops easily or where there are higher terrorism rates:
No gender equality
Where destiny and life are predetermined (fatalism)
“Societies that have the belief that one’s destiny and life events are predetermined (fatalism), have very strong norms and severe punishments for deviation from norms (cultural tightness), and are masculine and have very distinct gender roles (low gender egalitarianism) have higher terrorism rates than those that are low on these dimensions.”  Example: Youth joining Al-Qaeda The author concludes that the characteristics common to all young joinders are:
Don’t fit in the same economic profile – some are rich, some are poor
Don’t become terrorist because they are Muslims or have strong religious backgrounds
Don’t join due to a recruiter. Most of the times is thanks to a family member or friends.
RADICALIZATION PREVENTION STRATEGY
The revenge seeker – looking for an outlet of frustration
The main strategy is to discredit the brand and image and dissuade those who seek membership or affiliation.
Vent the frustration of the youth throughout sports.
The status seeker – looking for recognition
This type of person will be dissuaded by having other opportunities that will allow him/her to show his/her gifts.
The identity seeker – looking for a place to belong
Showing negative stereotypes in the media, only feed preexisting feelings of oppression. Then, the West must promote positive images and celebrate the accomplishment of Muslim citizens.
The thrill seeker – looking for adventure
Publicly portray al-Qaeda’s operations as inglorious and shameful.
Jessica Stern: Says that the four reasons that explain the religious terrorist wave are:
Alienation: when individuals feel they don’t have social and political power, alienate from the world by cu
t support activity
The difference is the legal regime use to combat each of them. For terrorism, the rules applied are anti-terror legal regime and for crime is criminal law.
One important aspect to consider is the JURISDICTION, and the determination of the jurisdiction in which Anti-terror legal regime is applied.
The types of Jurisdictions are:
Jurisdiction to prescribe: power to enact substantive laws to regulate conduct
Jurisdiction to adjudicate: authority to subject an accused person to judicial process
Jurisdiction to punish: power to compel a person to comply with the law
The bases to determine the jurisdiction in which the legal regime will apply are:
It really matter where terrorism is places because if it is places in territory, which is more general, then the legal regime is easier to apply, than if it was located in the “universal jurisdiction”.
The only two options are not War rules and law-enforcement, there is also LAWS OF ARMED CONFLICT:
LAWS OF ARMED CONFLICT
AUMF – Authorization for Use of Military Forces:
Counter the terrorist threat against the US following 9/11;
Deploy and direct forces in Afghanistan; the Philippines; Georgia; Yemen; Djibouti; Kenya; Ethiopia; Eritrea; Iraq; Somalia;
Engage terrorist groups “around the world;”
Engage terrorist groups “on the high seas;”
Detain individuals at Guantanamo Bay, Cuba, and to take other actions related to detainment decisions; and
Conduct trials of terrorist suspects in military commissions.
 Gelfand, et al., Culture and Extremism, Journal of Social Issues.
 Colonel John M. Venhaus. “Special report: Why youth join Al-Qaeda”.