www.cengage.com/cj/white

Jonathan R. White

Rosemary ArwayHodges University

Chapter 1:Terrorism, Criminal Justice and the

American Way of War: Some Reasons Why Definitions Matter

The Pejorative Meaning of Terrorism

Pejorative Connotation o Negative and derogatory o Political and social degradation when

labeled a terrorist▪ Particular individuals and/or groups are

demonized

o Dual standards and contradictions lead to confusion any time the term terrorism is employed.

Social Contexts of Terrorism

Alex Schmid:o Terrorism is a social construct, which means it

is :▪ defined by people from different social backgrounds.

▪ developed through the application of political power.

▪ its definition changes within social and historical contexts.

o Social construct: Vacillating social and political realities influence definition.

FBI views Hezbollah as a terrorist group. Organization of Islamic Conferences views

Hezbollah as a legitimate revolutionary force.

FBI Defines Terrorism Official FBI definition of terrorism separates

domestic and international terrorism.o Domestic terrorism refers to activities that involve

acts dangerous to human life that are a violation of the criminal law of the U.S. or any state; appear to be intended to intimidate or coerce a civilian populace, influence policy of a government by mass destruction, assassination, or kidnapping; and occur primarily within the territorial jurisdiction of the U.S.

o International terrorism involves violent acts or acts dangerous to human life that are a violation of the U.S. or any state, or that would be a criminal violation if committed within the jurisdiction of the U.S. or any state.

Historical Circumstances

Definition of terrorism is influenced by history.o 1789 – 1795 French Revolution

▪ Term terrorism used to describe actions of the French government.

o Late 1800s – Early 1900s Terrorism used to describe violent activities of

various groups: Labor organizations, nationalist groups revolting

against foreign powers

Historical Contexts of Terrorism

o Mid-1960s – Early 1980s Terrorism applied to nationalists and violent left-

wing groups (hate movement).

o Present day Terrorism encompasses such groups as violent

religious fanatics; groups who terrorize for a particular cause. Environmental groups Narco-terrorism Ecological groups

War and Violence

Meaning of terrorism fluctuates around various types of war.o Commando tacticso Guerrilla warfare

Term terrorism is used to describe violent activity that explodes during a peaceful period.o Insurrection in Iraq after 2003 U.S. invasion

Political Power and Repression

Governments can increase their power when they label opponents as terrorists.o More public acceptance of governmental powero Beccaria proposed that when a state becomes an

executioner it does not act in self-defense but simply in revenge .

Terrorists are not deserving of humanitarian privileges.o Labeling can have dire results:

▪ Illegal arrests

▪ Lack of constitutional protection (Guantanamo Bay, Abu Ghraib)

Political Power and Repression

Related to the issue of power is repression. Routinely used by some governments to keep

citizens in lineo Secret police

▪ Joseph Stalin’s USSR▪ Saddam Hussein’s Iraq▪ Latin America

Repression developed outside formal political structures is called extra-juridical repression.o Repressive groups who use terrorism as a means

of creating conforming behavior

Social Contexts of Terrorism

The definition of terrorism is also influenced by:o Media

▪ Attracts attention▪ Term terrorism is used to define political

violence▪ Uses multiple definitions to engage public

debate

o Crime▪ Criminal act versus act of terrorism▪ Terrorism always involves some king of criminal

activity

o Religion

Social Contexts of Terrorism

o Specific types of terrorism:▪ Violent eschatology▪ Religious purification▪ Martyrdom▪ Religion as a cause

o Specific types of terrorism: Technological terrorism, cyber-terrorism, narco-

terrorism, eco-terrorism, nuclear terrorism, agri-terrorism

Range of Definitions The range of definitions include:

o Laqueur’s Simple definition: ▪ Use of force to achieve political objective; targets innocent people.

o Legal Definition:▪ Internal contradiction and short-sided, designed to give to the

government power to take an action against specific crimes.

o Schmid’s Academic Consensus Definition:▪ Terrorism should be viewed as a method of combat in which the

victims serve as symbolic targets.

o Badey’s definition:▪ Importance of examination of terrorists: ▪ Internal – by terrorist themselves (do they work with or against

state)▪ External – by the governments (intent, motivation, chances of

repetition)

Typologies of Terrorism Strengths:

o Broad scope of problem presented.▪ Terrorism is not defined as a single action; rather,

terrorism can be considered a composition of a variety of actions.

o Aids in identification of the kind of terrorism to be examined.▪ Local, national, international

o Provides for the level of the problem to be identified.▪ This in turn allows for the determination of the level of

response.

o Use of typologies avoids debates on the meaning of terrorism.

Typologies of Terrorism

Weaknesses:o Typologies do not solve definitional dilemmas.o The typologies and definition change because

terrorism is in a constant state of change.o Typologies describe patterns, not specifics.

Each terrorist incident must be viewed and understood individually in its special social, historical, and political circumstances.

o Distorts reality▪ Alter terrorist act to blend with a particular

typology.

Toward a Tactical Typology of Terrorism

Humans live in constant state of conflict. Spectrum of conflict

o Conflicts can range from low-level conflicts to nuclear devastation.

o Terrorism is a form of civil disobedience. Tactical typology

o The level of activity is correlated with the size of the group.

o Terrorism is primarily a problem for law enforcement and the justice system.

o Terrorists have acted outside the law.

Defining the War on Terrorism War declared on a concept such as the “war

on terrorism” is not possible under the U.S. Constitution.

President G. W. Bush: o America and its allies are at war with terrorism.

President B. Obama:o Terrorism is a criminal justice problem and

military force is used to augment legal power. The U.S. Government:

o The weapons that America will use in the war on terror would be the Homeland Security Act of 2002 and the USA Patriot Act of 2001.

“War on Terrorism”

Arguments accepting the “war on terrorism” include:o Friedman:

▪ War on terror is the third great struggle against totalitarianism.

o Blank: ▪ Terrorism is caused by radical groups driven by

economic, social and political pressures. o Cohen and Hill:

▪ There is a necessity to identify militant groups and to present military power in the face of these groups.

“War on Terrorism”

Arguments that do not accept the war on terrorism:o Howard:

▪ Terrorism is an emergency situation that should be handled by law enforcement and intelligence.

o Duffy: ▪ A militaristic framework of the war on terrorism

marginalizes the rule of law.

o Ringmar: ▪ Engaging in a war against terror may dehumanize

the opposing side.

Networks and Law Enforcement

The primary job of law enforcement in preventing terrorism is to stop criminal activity within criminal networks.

Terrorists target the societal structures, not the military forces.

Law enforcement responsibility:o Maintaining public safety

o Collecting criminal intelligence

o Sharing information in a legal manner

Networks and Classical Theories of Conflicts

Carl von Clausewitz’s theory of war:o War requires mobilization of the population and

imposes political will on the defeated.

Sun Tzu’s theory of war:o The highest form of military leadership comes

in breaking the enemy’s resistance without fighting.

o The purpose of terrorism is to give the immersion that powerful economic, military and political forces cannot protect ordinary people.

Pearl Harbor and 9/11 Two different worlds

Pearl Harbor: attack attempted to destroy a military force

9/11 attacks: designed for drama 9/11 attacks: tragedy performed on the

sub-national level 9/11 attacks: terrorist “success” was

assured by God’s promise

Critical Engagement: Definitions and the Future

David Bell’s timeline:o 17th and 18th century:

▪ Political wars sought to maintain the political system

o The French Revolution: ▪ Total war

o Today: ▪ Technological advances make the destruction of

the planet in total war a possibility, while at the same time making terrorism possible.

Hiroshima and Nagasaki

Hiroshima and Nagasaki:o Technological advance took the war on the next

level, making the destruction and total war (terrorism) the reality.

Can Hiroshima and Nagasaki be considered:o a war crime or act of the terrorism?o an attack on the city or nation?o a politically explained act?o an absolutely necessary act?o the day of America’s infamy?

Terrorism expert Walter Laqueur has counted over 100 definitions and concludes that: o “the only general characteristic generally agreed upon is

that terrorism involves violence and the threat of violence. Yet terrorism is hardly the only enterprise involving violence and the threat of violence. So does war, coercive diplomacy, and bar room brawls.”

(Laqueur, W. (1999). The New Terrorism: Fanaticism and the Arms of Mass Destruction. New York: Oxford University Press, p. 6.)

In 2005, Secretary General of United Nations, Kofi Annan presented “terrorism proposal” hoping that other countries will finally agree on the definition of terrorism.

International Definition of Terrorism