muse
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Fair does not mean NEUTRAL, it is however a reflection of the principles that guide, principles that can garner support - How are these relevant to terrorism and efforts to counter it?
Terrorism and Counter-terrorism
Richard Barrett
11 September 2008
A week ago the European Court of Justice annulled the implementation within the European Community of the United Nations sanctions regime against Al Qaeda, the Taleban and their associates. Although the courts judgment affects only a Saudi businessman, Yassin Abdullah Kadi, and the Al Barakaat International Foundation, which brought their cases to its attention, the Sept 3 ruling is likely to have far-reaching consequences, well beyond the jurisdiction of the court itself.
The main finding of the court was that the implementation of the sanctions had inadequately respected the rights of the parties concerned, in particular their right to be heard and their right to effective judicial review. It also found that the individuals right to property had been unreasonably restricted.
This is hardly the first time that national or international counterterrorist action has been questioned in the courts. There is an inevitable tension between protecting the rights of the individual terrorist, or suspected supporter of terrorism, and protecting the security of the community at large. But as is widely recognised, if counterterrorism action causes the erosion of individual rights, it is likely to give more fuel to terrorism than to the efforts to prevent it.
In June this year the UN Security Council adopted resolution 1822, which specifically addressed concerns that its sanctions against Al Qaeda and the Taleban paid insufficient regard to the rights of the people it affected. The Council decided to review the approximately 500 names on its list within two years; it decided to provide a narrative summary of the reasons behind the listings, and it strengthened its demand that UN member states notify newly- listed parties of their listing in a timely manner.
Certainly these changes will satisfy some critics, though undoubtedly not all. But the new resolution is not just procedural tinkering: It is a reflection by the Security Council of the fact that effective measures to counter terrorism must be fair, transparent and supported by the public at large.
It will now be up to the European Council to try to devise a new regulation for implementing the sanctions within the three-month grace period allowed by the court.
The issue of legitimacy is of concern not only to counterterrorists. Terrorists, too, must convince themselves, their sympathisers and prospective recruits that their acts are legitimate and justifiable.While debates on the meaning of defensive jihad, or the circumstances in which the killing of women and children can be considered forgivable, may seem ridiculous to the nonterrorist and irrelevant to those who just seek violence, Al Qaeda leaders have always tried to explain and justify their acts. If they cannot convince their supporters that their fight is legitimate according to the religion they claim to defend, they have no defence against the accusation that they are merely a group of violent criminals.
Al Qaeda leaders are not religious scholars and they are sensitive to criticism from others whose religious knowledge is better respected. Criticism of Al Qaeda from these quarters has been considerable over the last 12 months, and despite Al Qaedas attempts at rebuttal, its spurious claims of legitimacy have been widely exposed. Although the short-term consequences may not be great, Al Qaedas standing, particularly among the tribes on the Afghan-Pakistan border, depends in large part on respect for its finer understanding and practice of religion. In due course, the disdain of the rest of the Muslim world may seep through to affect these areas as well.
The battle for legitimacy is essential to Al Qaedas future. Without it, there is even less likelihood that the leadership will find the secure base that it so desperately needs.At present its main hope lies in forging a lasting alliance with the Taleban in Pakistan, and maintaining a relationship with the Afghan Taleban under Mullah Omar, in the expectation that sooner or later one group or another will gain control of enough territory to allow it to rebuild an international network of foreign fighters under its direct control and plan new attacks across the world.
The battle for legitimacy between terrorists and those who seek to defeat them is not as one-sided as it should be. The international community must continue to undermine the specious claims of Al Qaeda, while strengthening the legitimacy of its counterterrorist actions.The ruling of the European Court will force further action towards this end, but the Security Council has already taken steps along the road.
Richard Barrett is the UNs highest-ranking official responsible for monitoring the activities of Al Qaeda and the Taleban
Terrorism and Counter-terrorism
Richard Barrett
11 September 2008
A week ago the European Court of Justice annulled the implementation within the European Community of the United Nations sanctions regime against Al Qaeda, the Taleban and their associates. Although the courts judgment affects only a Saudi businessman, Yassin Abdullah Kadi, and the Al Barakaat International Foundation, which brought their cases to its attention, the Sept 3 ruling is likely to have far-reaching consequences, well beyond the jurisdiction of the court itself.
The main finding of the court was that the implementation of the sanctions had inadequately respected the rights of the parties concerned, in particular their right to be heard and their right to effective judicial review. It also found that the individuals right to property had been unreasonably restricted.
This is hardly the first time that national or international counterterrorist action has been questioned in the courts. There is an inevitable tension between protecting the rights of the individual terrorist, or suspected supporter of terrorism, and protecting the security of the community at large. But as is widely recognised, if counterterrorism action causes the erosion of individual rights, it is likely to give more fuel to terrorism than to the efforts to prevent it.
In June this year the UN Security Council adopted resolution 1822, which specifically addressed concerns that its sanctions against Al Qaeda and the Taleban paid insufficient regard to the rights of the people it affected. The Council decided to review the approximately 500 names on its list within two years; it decided to provide a narrative summary of the reasons behind the listings, and it strengthened its demand that UN member states notify newly- listed parties of their listing in a timely manner.
Certainly these changes will satisfy some critics, though undoubtedly not all. But the new resolution is not just procedural tinkering: It is a reflection by the Security Council of the fact that effective measures to counter terrorism must be fair, transparent and supported by the public at large.
It will now be up to the European Council to try to devise a new regulation for implementing the sanctions within the three-month grace period allowed by the court.
The issue of legitimacy is of concern not only to counterterrorists. Terrorists, too, must convince themselves, their sympathisers and prospective recruits that their acts are legitimate and justifiable.While debates on the meaning of defensive jihad, or the circumstances in which the killing of women and children can be considered forgivable, may seem ridiculous to the nonterrorist and irrelevant to those who just seek violence, Al Qaeda leaders have always tried to explain and justify their acts. If they cannot convince their supporters that their fight is legitimate according to the religion they claim to defend, they have no defence against the accusation that they are merely a group of violent criminals.
Al Qaeda leaders are not religious scholars and they are sensitive to criticism from others whose religious knowledge is better respected. Criticism of Al Qaeda from these quarters has been considerable over the last 12 months, and despite Al Qaedas attempts at rebuttal, its spurious claims of legitimacy have been widely exposed. Although the short-term consequences may not be great, Al Qaedas standing, particularly among the tribes on the Afghan-Pakistan border, depends in large part on respect for its finer understanding and practice of religion. In due course, the disdain of the rest of the Muslim world may seep through to affect these areas as well.
The battle for legitimacy is essential to Al Qaedas future. Without it, there is even less likelihood that the leadership will find the secure base that it so desperately needs.At present its main hope lies in forging a lasting alliance with the Taleban in Pakistan, and maintaining a relationship with the Afghan Taleban under Mullah Omar, in the expectation that sooner or later one group or another will gain control of enough territory to allow it to rebuild an international network of foreign fighters under its direct control and plan new attacks across the world.
The battle for legitimacy between terrorists and those who seek to defeat them is not as one-sided as it should be. The international community must continue to undermine the specious claims of Al Qaeda, while strengthening the legitimacy of its counterterrorist actions.The ruling of the European Court will force further action towards this end, but the Security Council has already taken steps along the road.
Richard Barrett is the UNs highest-ranking official responsible for monitoring the activities of Al Qaeda and the Taleban