Week 2: Policy, Law & Theory PDF

Week 2: Policy, Law & Theory  Just War What is a just war? Six conditions must be met in order for a war to be considered just: 1. The cause must be just 2. Declaration of war must be made by a proper authority 3. Intentions/motivations for war must be just (moral,...

Week 2: Policy, Law & Theory  Just War What is a just war? Six conditions must be met in order for a war to be considered just: 1. The cause must be just 2. Declaration of war must be made by a proper authority 3. Intentions/motivations for war must be just (moral, ethical..) 4. All other avenues must have been exhausted prior to the declaration of war 5. War must stand a reasonable chance of success—not futile, and goal must be one of peace 6. Principles of distinction and proportionality must be followed  Just War How should a just war be fought? If the means used to wage a war become inappropriate, what once started as a just war may become an unjust war Ensure that civilians are protected and innocents are not put in harms way Principle of distinction The level/type of force used must be equal to the present threat Principle of proportionality When engaging in a just war, international laws, and all relevant/appropriate conventions must be followed Violations should be punished accordingly  Just War Theory Ethical Principles Jus ad bellum Justice with regards to war Jus in bello Justice when engaging in war Jus post bellum Justice after war  International Law Ascertaining lawfulness Legally speaking, there are three central international bodies capable of arbitrating the lawful use of force: (let’s use the US as an example) UN Security Council This particular body would probably never pass judgement as the US holds veto power International Court of Justice (ICJ) Like the Security Council before it, the ICJ would also find it difficult to pass judgement as the US has not participated in any related treaty, which would offer the prospect of compliance. International Criminal Court (ICC) contains some potential. The ICC deals with several legal issues, but the most experience and breadth of practice is in war crimes, making it the most applicable body to judge whether a state used force lawfully in armed conflict. If a request is received to review an activity that is claimed to have been committed in self-defence is sent to the ICC, and its legality is proven, then the actions are not only widely viewed as lawful—but legitimate as well.  Self-Defence State Claims to Preemptive Self-Defence Article 51 of the UN Charter clearly states that ‘[n]othing in the present charter shall impair the individual's inherent right for collective self- defence if an armed attack occurs against a member of the United Nations.’ But there is a requirement to prove: Imminence The exhaustion of all other diplomatic avenues before striking in self-defence Self-Defence State Claims to Preemptive Self-Defence https://www.youtube.com/watch?v=9fuA7Gv4ka0 Self-Defence State Claims to Preemptive Self-Defence https://youtu.be/Xc5eCXrLvEI?t=16 Anti-Terrorism Laws USA Canada UK UAE  Anti-Terrorism Laws UNITED STATES OF AMERICA Posse Comitatus Act (1878): Restricts the use of US troops in law enforcement operations Sets limits on the use of federal military personnel by the government—esp. with regards to the enforcement of domestic policies within the United States It was originally enacted to prevent local authorities from using federal troops in the post-war South to avoid the effect of an occupation army Congress can allow for exceptions in the event of natural disaster or emergency.  Anti-Terrorism Laws UNITED STATES OF AMERICA War Powers Resolution (1973) Requires the President to notify Congress 48 hours prior to committing US forces and restricts the period of action to 60 days. Hart-Rudman Commission (1998) Warned of the strong likelihood of an attack on American soil resulting in heavy casualties 9/11 Commission Report (2004) Officially, it is called 'The Final Report of the National Commission on Terrorists Attacks Upon the United States’ Public Law 110 - 53 (2007) An act to provide for the implementations of the recommendations of the Final Report of the National Commission on Terrorists Attacks Upon the United States  Anti-Terrorism Laws UNITED STATES OF AMERICA US Patriot Act (2001) Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. Enacted post-9/11 Three main goals: Increase surveillance abilities for law enforcement (incl. wire tapping) Improved inter-agency communication and collaboration—building upon the est. of the Dept of Homeland Security Updated list for what constitutes ‘terrorist activity’, what it takes to be convicted as a terrorist, as well as new punishments for terroristic activities Anti-Terrorism Laws UNITED STATES OF AMERICA https://www.youtube.com/watch?v=KP9VklrXPZs  Anti-Terrorism Laws UNITED STATES OF AMERICA New Crimes New Penalties Terrorist attacks on mass Establishes new maximum penalties transportation facilities for acts of Terrorism Raises the penalty for the conspiracy Biological weapons offenses to commit certain terrorist offenses Harboring terrorists Envisions sentencing some terrorists Affording terrorists material to life-long parole support Increases the penalty for counterfeiting, cyber crime and Misconduct associated with charity fraud money laundering Fraudulent charitable solicitation Conducting affairs of an enterprise that effects interstate or foreign commerce through the partnered commission of terrorist Anti-Terrorism Laws UNITED STATES OF AMERICA New procedures New Penalties Increases the rewards for info Allows Attorney General to collect on terrorist cases DNA samples from prisoners convicted of any federal crime of Extends Posse Comitatus Act violence or terrorism exemptions Lengthens the statute of limitations Permits nation-wide, and applicable to any crimes of terrorism perhaps world-wide, execution Clarifies the application of criminal of arrest warrants on terrorism law on American installations and in cases residencies of US personnel overseas Eases government access to Adjust federal victims’ compensation confidential information and assistance programs  Anti-Terrorism Laws UNITED STATES OF AMERICA Authorization for Use of Military Force (AUMF) Post-9/11, Congress passed a resolution which authorized the United States Armed Forces to go after all those responsible for the 9/11 attacks Granted the President the authority to: use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed or aided" the September 11 attacks, or who harbored said persons or groups. Criticized by many for being a ‘blank cheque’ issued to the US government to launch war without opposition  Anti-Terrorism Laws UNITED STATES OF AMERICA Guantanamo Bay Detention Camp Military prison camp established in 2002 to detain “extraordinarily” dangerous persons in an optimal setting for interrogation and to prosecute for war crimes Guantanamo Bay Detention Camp raised questions concerning: Constitutional protection rights Immigration laws Legal jurisdictions Executive powers Anti-Terrorism Laws CANADA  Anti-Terrorism Laws CANADA Canadian Bill C-51 Criminalized: Participating or facilitating in terrorist activities Instructing other persons to commit a terrorist act directly or on behalf of a group Knowingly collect funds in support of terrorist crimes New Crimes Knowingly collect or provide funds, directly or indirectly, in support of terrorist activities Knowingly participate in, contribute to, or facilitate the activities of a terrorist group Instruct anyone to carry out a terrorist act on behalf of a terrorist group (leadership offence) Knowingly harbor a terrorist New Procedural Adjustments Allows for a preventative arrest to prevent a terrorist attack Provides for investigative hearings of individuals who may have information about a terrorist attack Requires the attorney general and minister of public safety and emergency preparedness to report annually on their opinion about whether these provisions should be maintained  Anti-Terrorism Laws UNITED KINGDOM UK ‘Special Relationship’ Support for US wars in Iraq and Afghanistan Rather than re-organize its security establishment, UK adapts a central coordinating system reflecting a smaller scale concept of DHS The use a cross-departmental strategy to combat terrorism, protect public and critical infrastructure, and enable the system to restore itself in the event of a high impact event.  Anti-Terrorism Laws UNITED KINGDOM Anti-Terrorism Crime & Security Act (2001) Support for US wars in Iraq and Afghanistan Rather than re-organize its security establishment, UK adapts a central coordinating system reflecting a smaller scale concept of DHS CONTEST: a cross-departmental strategy to combat terrorism, protect public and critical infrastructure, and enable the system to restore itself in the event of a high impact event. National Immigration & Asylum Act (2002) to strengthen immigration procedures to limit the opportunity for abuse by asylum seekers and prevent illegal immigration. Requires air and sea carriers to consult databases for suspicious individuals seeking entry into UK territory  Anti-Terrorism Laws UNITED KINGDOM Civil Contingencies Act (2004) gives gov’t the right to confiscate property, restrict public gatherings, deny access to and evacuate populations from areas contaminated or otherwise dangerous. Gov’t also has the right to declare a state of emergency without approval of Parliament. Counter-Terrorism Act (2008) gives the gov’t additional powers to extend the pre-charge extension times for prisoners, interpret silence during interrogation as inference to be used in court, allows for inquests without jury, and the imposition of harsher sentences on offenders with terrorist connections.  Anti-Terrorism Laws UNITED KINGDOM Legislation Terrorism Offence Every criminal action or inaction criminalized under the present Law and every action or inaction constituting a felony or misdemeanor referred to in any other law, if committed for terrorist purpose Terrorist Purpose The offender’s intention to commit a criminal action or inaction in order to cause the occurrence of a direct or indirect terrorist result or whenever the offender is aware that the action or inaction is intended to cause the occurrence of a terrorist result Who is a terrorist, according to UK legislation? Whoever belongs to a terrorist organization, commits a terrorist offence, participates directly or indirectly in causing its commission, or threatens of, aims at, plans, seeks, promotes or aids the commission of such commission  Anti-Terrorism Laws UNITED ARAB EMIRATES Title 1, Chapter 1 Terrorism is: Inciting fear among a group of people, killing them, or causing them serious physical injury, or inflicting substantial damage to property or the environment, or disrupting security of the international community, or opposing the country, or influencing the public authorities of the country or another country or international organization while discharging its duties, or receiving a privilege from the country or another country or an international organization. Terrorist organization is: A group formed of two or more persons, which acquires legal personality ipso jure or which is created ipso facto, that commits a terrorist act, directly participates in, threatens of, aims at, plans, seeks, promotes or aids the commission of such act regardless of the name, form, place of establishment, location, nationality or place of existence of its members.  Anti-Terrorism Laws UNITED ARAB EMIRATES Title 1, Chapter 2 Who and what the law covers: Covers punishment for various terrorist offensives. Generally kidnaping or hijacking that does not involve death or resisting capture carries life imprisonment. If death of a victim or resisting authorities occurs capital punishment can be applied. Leading a terrorist organization is a minimum of life Capital punishment shall be imposed for aggression against the President, deputies, members of the Supreme Federal Council or the President’s family Life shall be imposed for violence or threat of violence against PM, his deputies, Chairmen of the Federal National Council, their heirs or deputies. Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL Anti-Terrorism Laws UNITED ARAB EMIRATES SOURCE: UAE GOVERNMENT PORTAL HOMELAND SECURITY VIDEO