Pupil Barrister

Tag: Terrorism (Page 8 of 15)

War and Incitement

I was talking about free expression at an event the other day, when the subject of incitement to violence cropped up.  I mentioned the formulation that Aryeh Neier (President of the Open Society Institute) gave at GFFEx last year, regarding whether the person doing the violence agreed with the person whose speech provoked it.

Blasphemy or religious defamation are essentially insults against a person or group of persons on the basis of one’s religious, or it could be another form of group defamation, where one is attacking or insulting members of a particular race or a particular nationality.  But it doesn’t have the effect of inspiring the supports of the speaker to engage in violence; rather it is the opponents of the speaker who might engage in violence.  So hate speech incites; blasphemy and religious defamation provoke.
That seems to me very important.  I think there limited circumstances in which it may be appropriate to punish those who engage in hate speech.  I think there are virtually no circumstances where it is appropriate to punish those who engage in in blasphemy or religious defamation, that is the circumstances in which they have provoked others to attack them.

An interesting retort to this, was to ask whether King Henry V was engaging in incitement to violence when he gives his famous, rousing speech?

Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead.
In peace there’s nothing so becomes a man
As modest stillness and humility:
But when the blast of war blows in our ears,
Then imitate the action of the tiger;
Stiffen the sinews, summon up the blood,
Disguise fair nature with hard-favour’d rage;
Then lend the eye a terrible aspect;
Let pry through the portage of the head
Like the brass cannon; let the brow o’erwhelm it
As fearfully as doth a galled rock
O’erhang and jutty his confounded base,
Swill’d with the wild and wasteful ocean.

My only response was to suggest that, yes, the French would probably consider Henry’s speech an ‘incitement to violence’ and worthy of censorship, if only they could!  But in practice, such political speech is usually seen as exempt when matters of war and national survival are at stake.  Governments and their populations are usually comfortable with placing extra restrictions on our human rights during times of crisis.

However, there are times when this special exemption might not be as clear cut as we think.  Who, on 14th September 2001, objected to President George W. Bush giving a memorial speech for those killed in the attacks on the World Trade Centre just three days earlier?  Yet it was in that speech that he first used the phrase ‘War on Terror’, a formulation that has become hugely problematic and inciting.  The following week, when America was still reeling from the shock and in need of rousing leadership, the word ‘crusade’ slipped into the President’s remarks, which not only provoked the Islamic world, but certainly had the effect of inciting certain elements of American society to violent, disproportionate action.  The last film I went to see, My Name is Khan, deals with the aftermath of such words.

A Prison for the Innocent

Exactly three years ago, I attended an event with Clive Stafford-Smith, the Director of Reprieve who has worked with the prisoners at Guantanamo.  I asked him how many of them he thought were innocent:

During the Q&A session, I ask him if he thinks there are any genuine terrorists at the camp. He says there were probably about two or three to begin with. Now there are probably about fourteen, he thinks. The rest have very tenuous evidence against them. Even if some had fought for the Taliban against the Northern Alliance in 2001/02, that does not mean they were Al Qaeda operatives, or that they were a genuine threat to western interests.

Now, while I am sure that Stafford-Smith’s claim is based on hard legal analysis, it nevertheless has an anecdotal air when he tells it.  As a long-time activist against the death penalty, and therefore a regular critic of the US Government, it is easy for politicians to pigeon-hole his complaints.  In the cynical merry-go-round of political debate, it is easy to dismiss such claims as the exaggerations of someone trying to win the argument.  A dismissal of the well he would say that wouldn’t he? variety that is tricky to argue against, without sufficent airtime and column inches.
Well, here is some more evidence to back-up Stafford-Smith’s claim.  British journalist Andy Worthington has been compiling The Guantanamo Files, a list of all 779 men who were incarcerated at the prison:

… at least 93 percent of the 779 men and boys imprisoned in total — were either completely innocent people, seized as a result of dubious intelligence or sold for bounty payments, or Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the terrorist attacks of September 11, 2001, and that had nothing to do with al-Qaeda, Osama bin Laden or international terrorism

And the British Government – a Labour Government, ostensibly on the side of the poor and marginalised around the world – provided succour and support to the Bush Administration as this prison was established and maintained.

Creating the Haystack

News from last week:

The terror suspect who tried to blow up a Detroit-bound plane is the son of a Nigerian banker who alerted US authorities to his “extreme religious views” months ago, it was reported Saturday.

(Via Andrew Sullivan, who says he is ‘angry‘).
I am reminded of Cory Doctorow’s point at the Convention on Modern Liberty last year, about the problem of collecting too much information:

We’ve been told that we’re collecting larger haystacks of information in the hope that it will make the needles easier tio find.  If you look at the 9/11 Commission report, and you find out that in fact the America intelligence apparatus knew that the September 11th attack was happening – in hindsight – but they also knew a million other irrelevancies, and that an adequate approach to discovering it might have been to collect less information, not more.

The video is below:
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Why They Cheer

There has been plenty of outrage over the release of Lockerbie Bomber Abdelbaset al-Megrahi. The scenes of him arriving in Libya to a hero’s welcome have provoked disgust in the UK.
Why cheer a terrorist? It’s worth considering the situation from the Libyan point of view. First, al-Megrahi’s conviction was not water-tight. The manner of his identification by a witness in Malta was, I recall, highly irregular. I remember seeing a documentary about the case last year, which made me worry about the certainty of the conviction. And if Ordinary Britons are uneasy about the case, you can bet that Ordinary Libyans will be too. The conventional narrative there will be akin to that of the Guantanamo detainees – a Western power pursuing a vendetta against and unfortunate scapegoat.
This doesn’t take al-Megrahi’s side, or excuse Libya’s stte terrorism. But it does give an alternative explanation for the crowd’s exhuberance. It is more an expression of Libyan nationalism, than simply barbarians cheering a murderer.

Murder vs Terrorism

As politicians from all sides condemn the brutal killings in Northern Ireland, one word seems conspicuously absent from their comments: terrorism.  Gordon Brown seemed particularly careful to label the perpetrators “murderers”.
I am reminded of a Matthew Parris column from two-and-a-half years ago, comparing the British Government’s approach to violence in Northern Ireland, and the radical Islamist threat:

Let’s treat the plotters as common criminals, not soldiers in a global war

It is clear why this distinction is made.  Labelling the attacks “murders” suggests that these are isolated incidents, divorced from ideology.  Meanwhile “terrorism” would point to a Second Troubles.  No-one but the Real IRA wants that.  If/when we fall victim to another Islamist terror attack, it will be interesting to note what language the Government uses then, especially now that the “War on Terror” has fallen out of vogue.

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