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132. Habeas Works: Federal Courts' Proven Capacity to Handle Guantánamo Cases
- Publication Date:
- 06-2010
- Content Type:
- Working Paper
- Institution:
- Human Rights First
- Abstract:
- Habeas is working. The judges of the U.S. District Court for the District of Columbia have ably responded to the Supreme Court's call to review the detention of individuals at Guantánamo Bay, Cuba. As former federal judges, many of us expressed our confidence as amici in Boumediene v. Bush that courts are competent to resolve these cases. We write now to affirm that our confidence has been vindicated. While we take no position on particular cases, a review of the District Court's treatment of the Guantánamo litigation convinces us that the court has effectively developed a consistent, coherent, and stable jurisprudence.
- Topic:
- Human Rights, Terrorism, War, and Law
- Political Geography:
- United States and Cuba
133. Preparing for One War and Getting Another?
- Author:
- Antulio J. Echevarria II
- Publication Date:
- 09-2010
- Content Type:
- Working Paper
- Institution:
- The Strategic Studies Institute of the U.S. Army War College
- Abstract:
- Current trends in defense thinking show signs of being influenced by the notion that preparing for one form of war has brought about another. We find evidence of this notion in a number of official speeches, the 2008 National Defense Strategy, and the 2010 Quadrennial Defense Review Report. It is captured in the almost routine claim that America's superiority in conventional warfare is so great that it is driving our adversaries toward irregular methods. All of these examples share the basic assumption that we are now fighting (and will likely continue to fight) conflicts for which we have not prepared—precisely because we have not prepared for them. Thus, the modern complement—a preparation paradox—to the old Latin adage “If you want peace, prepare for war,” might well be “If you want one kind of war, prepare for another.”
- Topic:
- Conflict Prevention, Terrorism, War, Weapons of Mass Destruction, and Counterinsurgency
- Political Geography:
- United States and America
134. Some of the Best Weapons for Counterinsurgents Do Not Shoot
- Author:
- Eric T. Olson
- Publication Date:
- 10-2010
- Content Type:
- Working Paper
- Institution:
- The Strategic Studies Institute of the U.S. Army War College
- Abstract:
- If the U.S. Army's current experience in ongoing overseas operations like those in Iraq and Afghanistan are any indication, reconstruction has become an integral part of the American way of war. And judging from the disappointing results of reconstruction efforts in these operations, measured mostly in terms of the effect that such efforts have had on the course of these wars, there is much lacking in the Army's understanding of reconstruction itself and the role that it will likely play in all future operations, especially in counterinsurgencies (COIN).
- Topic:
- Conflict Resolution, Arms Control and Proliferation, Terrorism, War, and Counterinsurgency
- Political Geography:
- Afghanistan and United States
135. When Is International Peacemaking Illegal? Implications of the 2010 Supreme Court Decision in Holder v. Humanitarian Law Project
- Author:
- Stephanie Schwartz
- Publication Date:
- 11-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The June 21st Supreme Court decision in Holder v. Humanitarian Law Project affirmed the constitutionality of the material support statue which makes it illegal for U.S. citizens and organizations to provide material support, including expert advice or assistance, service or personnel, to designated terrorist organizations regardless of whether the support is intended to promote nonviolence and peace. The material support law and the process of listing terrorist groups provides the U.S. government with an enhanced legal structure to arrest alleged terrorists and prevent terrorist acts. However, it is unclear that the process is effective in practice or that enhancing the government's legal power to prevent acts of terrorism outweighs the unintentional consequences of prohibiting nongovernmental organizations (NGOs) from working on the front lines of conflict zones to promote conflict resolution. Looking to the future, NGOs can work with the State Department and Congress to find ways to allow peacebuilding and humanitarian organizations to continue their operations legally, while also not threatening national security.
- Topic:
- Conflict Prevention, Humanitarian Aid, Terrorism, Foreign Aid, Law Enforcement, and Peacekeeping
- Political Geography:
- United States
136. Al Qaeda's Religious Justification of Nuclear Terrorism
- Author:
- Rolf Mowatt-Larssen
- Publication Date:
- 11-2010
- Content Type:
- Working Paper
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- When legendary jihadist Abdullah Azzam was assassinated under mysterious circumstances in November 1989, suspects in his murder included Osama bin Laden and Egyptian Islamic Jihad (EIJ) leader Ayman al-Zawahiri. After the Soviets were expelled from Afghanistan, Azzam sought to shift jihad to his homeland, Palestine. Zawahiri sought to focus the jihad on Egypt and the other secular Muslim states, in hopes of restoring the caliphate, the rule of Islamic clerics, which had ended after the dissolution of the Ottoman Empire in 1924. After Islamic rule had been re-established in the Islamic world, Zawahiri wrote, “then history would make a new turn, God willing, in the opposite direction against the empire of the United States and the world's Jewish government.”
- Topic:
- Islam, Nuclear Weapons, Terrorism, Weapons of Mass Destruction, Armed Struggle, and Counterinsurgency
- Political Geography:
- Afghanistan, United States, Palestine, Egypt, and Assam
137. Countering Radicalization in America: Lessons from Europe
- Author:
- Lorenzo Vidino
- Publication Date:
- 12-2010
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- The recent surge in the number of American Muslims involved in terrorism has led U.S. authorities to question the long-held assumption that American Muslims are immune to radicalization, and to follow the example of other Western democracies in devising a comprehensive counter radicalization strategy. Radicalization is a highly individualized process determined by the complex interaction of various personal and structural factors. Because no one theory can exhaustively explain it, policymakers must understand the many paths to radicalization and adopt flexible approaches when trying to combat it. The role of religion in the radicalization process is debated, but theories that set aside ideology and religion as factors in the radicalization of Western jihadists are not convincing. Policymakers who choose to tackle religious aspects should do so cautiously, however, cognizant of the many implications of dealing with such a sensitive issue. Policymakers need to determine whether a counter radicalization strategy aims to tackle violent radicalism alone or, more ambitiously, cognitive radicalism. The relation between the two forms is contested. Challenging cognitive radicalism, though possibly useful for both security and social cohesion purposes, is extremely difficult for any Western democracy.Finding partners in the Muslim community is vital to any counter radicalization program. In light of the fragmentation of that community, a diverse array of partners appears to be the best solution. There is the risk, however, that counter radicalization efforts could be perceived by Muslims as unfairly targeting them. Partnerships with nonviolent Islamists could provide results in the short term, but there are doubts as to their long-term implications. All aspects of a partnership with such groups should be carefully examined before any decision is made. Policymakers need to find ways to empirically measure their programs' effectiveness.
- Topic:
- Islam, Terrorism, and Counterinsurgency
- Political Geography:
- United States and America
138. The United States Military as an Agent of Development: Counterinsurgency Doctrine and Development Assistance
- Author:
- Carol Messineo
- Publication Date:
- 05-2010
- Content Type:
- Working Paper
- Institution:
- The New School Graduate Program in International Affairs
- Abstract:
- The United States' national security objectives emphasize preventing terrorism through economic and social development in fragile states. Helping to create economic prosperity and legitimate and politically accountable institutions of governance in weak states poses many complex challenges that the international development community and US civilian aid agencies have struggled to address. New US military counterinsurgency doctrine defines “Phase Zero” non - combat development activities as a core military mission equal in importance to that of its combat missions. The US military lacks the development expertise to effectively engage fragile states, as demonstrated by its record in Iraq. The result is a narrow, instrumental understanding of the relationship between security and development that ironically undermines, rather than strengthens, a coherent and effective strategy for dealing with failed states.
- Topic:
- Security, Development, Terrorism, and Counterinsurgency
- Political Geography:
- United States
139. Obama's War: Prospects for the Conflict in Afghanistan and Pakistan
- Author:
- Bruce Riedel
- Publication Date:
- 09-2010
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- On coming into office, President Barak Obama immediately assembled a team to assess the US situation in Afghanistan and formulate a strategy for the mission. Heading up this team was Bruce Riedel, a former adviser to Presidents Clinton and Bush and a former CIA officer. This paper, based on a CIGI Signature Lecture given by Mr. Riedel in April 2010, discusses the history of the US war on terror since 9/11, specifically the actors involved in initiating the al-Qaeda declaration of war on the US and its allies, and the recent terrorist plots and attacks linked to al-Qaeda, which demonstrate that al-Qaeda and its allies continue to mount terrorist attacks despite the efforts of the US to thwart terrorism.
- Topic:
- Terrorism, War, Insurgency, and Counterinsurgency
- Political Geography:
- Pakistan, Afghanistan, and United States
140. Obama's New Af-Pak Strategy: Can "Clear, Hold, Build, Transfer" Work?
- Author:
- C. Christine Fair
- Publication Date:
- 07-2010
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- On entering the White House, US President Barack Obama aimed to put the war in Afghanistan at the forefront of his security agenda following eight years of neglect by a Bush administration preoccupied by the war in Iraq. The Obama administration spent nearly On entering the White House, US President Barack Obama aimed to put the war in Afghanistan at the forefront of his security agenda following eight years of neglect by a Bush administration preoccupied by the war in Iraq. The Obama administration spent nearly a year reviewing the situation in Afghanistan and vetting war options amid protracted interagency deliberation and partisan debate. By the end of 2009, President Obama affirmed his administration's commitment to degrading the capabilities of terrorist groups ensconced in Afghanistan and Pakistan and announced that, by the end of July 2011, the US would begin a conditions-based transfer of responsibility to the Afghan government and security forces, enabling the United States to diminish its kinetic military activities in favour of a more "typical" presence with Washington continuing to providing development and economic assistance, plus training for military and civilian personnel. Thus the counter-insurgency mantra of "clear, hold and build" became, under Obama, "clear, hold, build and transfer." This paper evaluates the viability of the "clear, hold, build and transfer" approach in light of the structural challenges to each element and the pressure to deliver results in a short time-frame amid difficult security conditions.
- Topic:
- Security, Terrorism, War, and Counterinsurgency
- Political Geography:
- Afghanistan, United States, and Central Asia