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Al-Qaida and the 9/11 Decade

Alia Brahimi

in Illusions of Terrorism and Counter-Terrorism

The declaration of a Caliphate in June 2014 by an al-Qaida offshoot implied a strong sense of political–religious unity, but, in reality, the announcement reflected deep division at the heart of ... More

The declaration of a Caliphate in June 2014 by an al-Qaida offshoot implied a strong sense of political–religious unity, but, in reality, the announcement reflected deep division at the heart of radical Islam. This article critically assesses al-Qaida’s progress on its four main objectives over the course of the 9/11 decade, and suggests that its principal setbacks were due to the fragmentation of Islamic authority. In particular, Osama bin Laden’s inability to reverse the misguided focus, by some affiliated groups, on the ‘nearer enemy’, began to portend al-Qaida’s downfall. However, after the Arab Spring, in the chokeholds of strong states and the chaos of weak states al-Qaida found advantage. Furthermore, with the rise of groups like the Islamic State of Iraq and the Levant, a new pattern of radicalism emerged, in which the threat to ‘far enemy’, ‘near enemy’ and ‘nearer enemy’ were combined.Less

Prospects for Justice before the International Criminal Court

Beth Van Schaack

Michael N. Schmitt, Shane R. Reeves, Winston S. Williams, and Sasha Radin (eds)

in Imagining Justice for Syria

Chapter 5 begins the book’s journey through the accountability matrix with the International Criminal Court (ICC). Although Russia and China vetoed the ICC referral resolution, thus preventing the ... More

Chapter 5 begins the book’s journey through the accountability matrix with the International Criminal Court (ICC). Although Russia and China vetoed the ICC referral resolution, thus preventing the Court from exercising its plenary jurisdiction over events in Syria, the transnational elements of the conflict mean that there are still some options for invoking the Court’s nationality and territorial jurisdiction. Given the proliferation of foreign fighters hailing from around the globe, including from ICC member states, the Syrian conflict offers the potential to activate the Court’s nationality jurisdiction. In addition, the spillover effects of the war implicate the territories of ICC states parties, in the region and beyond, as well as states where the ICC is already active, such as Libya. Finally, there are theoretical arguments that the Security Council could refer “the situation involving ISIL” to the Court, which could encompass either the organization itself, untethered from any territorial space, or the transboundary statelet that once encompassed ISIL’s self-proclaimed caliphate. Although many advocates and diplomats assumed that the ICC should be in the lead adjudicating the many international crimes committed in Syria, this chapter closes with some notes of caution as to why the ICC may not be the ideal forum, even assuming a Council referral were forthcoming.Less

‘Tutelary’ Intervention to Counter the New Unlawful Territorial Situations: A of Military Intervention in International Law?

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume I

The unauthorized intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) in Syria and Iraq raises the question of ... More

The unauthorized intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) in Syria and Iraq raises the question of its legitimacy. This article suggests that the legal basis cannot be found in Article 51 of the UN Charter. It argues that positive reactions of states and the cooperation of UN bodies in relation to the US coalition intervention imply concurrence with the immediate security approach in the face of unlawful territorial situations created by non-state actors. This new approach to global security is centred on the idea of ‘tutelary’ intervention as a form of non-institutionalized cooperation—a tertium genus with respect to collective self-defence and UN-authorized intervention—an idea that recognizes the important role the United Nations plays in leading and coordinating this type of military action. It will be interesting to see how the new intervention model evolves, safeguarding fundamental rights and commons while countering global terrorism.Less

Conclusion

Anabel Inge

in The Making of a Salafi Muslim Woman: Paths to Conversion

This chapter summarizes the study’s main findings and considers the future for British Salafism in a newly intensified political climate. The research concludes that the women viewed Salafism as a ... More

This chapter summarizes the study’s main findings and considers the future for British Salafism in a newly intensified political climate. The research concludes that the women viewed Salafism as a rational choice that resolved religious, moral, and gender uncertainties. A picture of instrumentally and morally committed followers emerged—but intragroup affective bonds were lacking, raising questions about the women’s future involvement. The community was also facing challenges relating to its maturing first generation and emerging second one; the damaged reputation of leaders; campaigns for a public niqab ban; recent UK government measures against ‘nonviolent extremism’; and the now-prevalent belief that Salafism is the ideological parent of ISIS. Faced with such pressures, Salafi communities may retreat into further isolation. Yet some preachers are now promoting a more flexible Salafism that is more engaged with wider society—and, as this study shows, everyday lived Salafism involves constant compromise, intermingling, and adaptation.Less