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Thread: conflict resolution vs "material support for terrorism"

  1. #21
    Council Member M-A Lagrange's Avatar
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    Aug 2009
    In Barsoom, as a fact!

    Default If you well remember,

    you started a threat on lawfare in law enforcement section.
    The description given by Slap was:Lawfare describes a method of warfare where law is used as a means of realizing a military objective.

    Secondly, there is actually a "law school" or "law approach" for its application that is being developed in Germany that is based on a descrimination between citizen and criminal and non citizen.
    I am actually travelling so it's difficult for me to give you links but I am refering to a book from Didier Bigo: au nom du 11 septembre (in the name of 9/11) and to several articles published on the subject in the review culture et conflit (culture and conflicts). Many articles are in english.
    The exemple given by a german lawyer in the book was the use of "torture" by the police to track a sexual criminal. The reason given were exactly the one given by the French during Algeria war: lake of time, need of information, a sexual criminal is no more part of the community of human...

    So I was wondering if that re enforcement of the patriot act was based on:
    1) the idea to use law to realise military objective (that seems obvious but...)
    2) this could be used as a jurice prudence to introduce such notions as a distinction between citizen and non citizen or a los of basic rights for individuals being "involved" in terrorist or considered as terrorist support.

    I do not doubt of you Mike,but I am and keep on being worried by the impact of misuse, at home, of COIN on civil legal system. Especially as I mentioned previously as the label terrorist or insurgent did open doors to legal dark rooms in the past, specially in Europe.

  2. #22
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    May 2008

    Default Didier Bigo

    You are pointing me, perhaps, to Challenge: Liberty & Security, which includes M. Bigo et al.

    E.g., among his works cited, Terror, Insecurity and Liberty - Illiberal Practices of Liberal Regimes after 9/11.

    This edited volume questions the widespread resort to illiberal security practices by contemporary liberal regimes since 9/11, and argues that counter-terrorism is embedded into the very logic of the fields of politics and security.

    Although recent debate surrounding civil rights and liberties in post-9/11 Europe has focused on the forms, provisions and legal consequences of security-led policies, this volume takes an inter-disciplinary approach to explore how these policies have come to generate illiberal practices. The book argues that policies implemented in the name of protection and national security have had a strong effect on civil liberties, human rights and social cohesion - in particular, but not only, since 9/11. The book undertakes detailed sociological enquiries concerning security agencies, and analyses public discourses on the definition of the terrorist threat. In doing so, it aims to show that the current reframing of civil rights and liberties is in part a result of the very functioning of both the political and the security fields, in that it is embedded in a broad array of domestic and transnational political, administrative and bureaucratic stakes.
    Another example article by other authors (from index page), Analysis of terrorist legislation, evolution and practices of penal agencies (pdf):

    [JMM note on context: ETA and Spanish anti-terr laws and policies; from conclusion of article]

    In order to underline the production of particular antiterrorist laws and how the antiterrorist philosophy has provoked consecutively reforms on ordinary criminal laws, we have dedicated Part 2 of the present Deliverable to it. Therefore, we have tried to prove how a number of the Criminal Code reforms, procedural rules, police and prison regulations have been modified in Spain by following that particular philosophy, i. e. how new indictable offences, penalties worsening, more police power and penitentiary restrictions have been introduced after September 11th and much more later on March 11th.

    In Part 3, we have described and analyzed in two different items how penal, police and prison Spanish agencies became hard in its activities and what kind of consequences have produced the already embedded antiterrorist philosophy at the level of democratic political order. Within the first item we have tried here to develop, how criminal justice agencies have played a major role on more severe violations of human rights than before the harshness of the whole system. And, on respect to the second item we have stressed some situations regarding how freedom of expression and political dissent have been reduced or directly not allowed by closing newspapers or outlawing political parties.
    See particularly, 3.2. Consequences for Democracy and for the Rule of Law; and its subsections, 3.2.1. Illegalization of a Political Party (restriction of political pluralism), 3.2.2. Criminalization of Social Movements (reduction of political dissidents), 3.2.3 Closing newspapers (reduction of liberty of expression).

    Am I in the right church ? Or should I continue to blame the Dominicans, link and link.



  3. #23
    Council Member M-A Lagrange's Avatar
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    In Barsoom, as a fact!



    Yes, you are in the right Church, the books you mentioned are the ones. (Sorry I did not have time for research and I used the french title).

    I believe what he, and some others, are saying in those books are quite interresting as they try to analyse the impact of COIN on civilian governance at home.
    And what they describe can be sometime scary.


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