Terrorism and Human Rights (41): The Ticking Time Bomb Scenario

I recently wrote a blind referee report for a paper about the so-called ticking time bomb scenario (a short intro about the concept is here), and it occurred to me that it may make a useful blogpost. I can’t show you the paper itself, since it’s not published yet and I don’t know who wrote it (that’s what blind refereeing is about), but I don’t think that’s necessary in order to understand my comments. Undoubtedly, by publishing my comments here I also violate the blind refereeing process, since there’s a chance the author(s) of the paper, whomever it is, might find my comments here and hence find out who I am. It’s a small chance, since this is a small blog. But, truth be told, I don’t care because I object to the whole blind refereeing thing: it stifles discussion. I only go along with it because I get to read interesting papers.

So here goes:

While the authors do an excellent job of doing what they set out to do, I have an objection to their basic objective. The paper is intended as a defense of thought experiments in philosophy in general and of the Ticking Time Bomb scenario (TBS) in particular. That in itself is a laudable objective, and the discussion of the ways in which the use of TBS as a thought experiment has been misunderstood, especially by opponents of torture, is on the mark.

However, it is my view that the authors focus too much on TBS as a philosophical device and as a thought experiment and lose sight of common usage of TBS. As a result, they run the risk of producing a paper on a topic that is irrelevant to the main discussions regarding the topic. If one were willing to count, one would find that a large majority of citations of TBS are not in the context of strictly philosophical discussions regarding our deeply held moral intuitions, but rather in a context in which philosophical discussions about TBS are intended to have policy implications. In fact, TBS is hardly ever a purely philosophical device and almost always a philosophical slash political device. A paper on TBS – even a philosophical paper – should not lose sight of the ways in which discussions about TBS are often intended to have policy implications, especially when these intended policy implications are highly disturbing.

The authors make assumptions about the motivations of proponents and opponents of discussions about TBS. For instance: proponents are assumed to use TBS as a merely philosophical device intended to highlight our moral intuitions, whereas opponents are assumed to be motivated by their fear of the – supposedly non-existent – policy motivations of proponents. The authors seem to be arguing two things:

  1. Those who use the TBS in order to argue that a ticking bomb should perhaps authorize torture only or mainly do so in order to highlight moral intuitions, not in order to actually promote the use of torture were a ticking bomb to be found.
  2. Those who object to the use of the TBS as a means to argue that a ticking bomb should perhaps authorize torture therefore miss the point.

I believe that both arguments are wrong, sociologically speaking. The authors would probably agree and respond that they do not speak sociologically but philosophically and that their point is an “ought” rather than an “is”: even if TBS “is” used as a policy device and a means to promote torture, it “ought” to be used as a mere philosophical device (“the proper use of the TBS is not intended as a policy-making device”, p. 12). Be that as it may, the paper would benefit from

  1. A clearer statement of this difference.
  2. A clear recognition of the actual way in which a majority of citations of TBS are evidently philosophical slash political in nature rather than merely philosophical.
  3. A more thorough discussion of the respective motivations of proponents and opponents of the use of the TBS experiment.

The paper also contains some statements without arguments. For example, the already cited phrase “the proper use of the TBS is not intended as a policy-making device” (p. 12). While the usefulness of TBS as a philosophical thought experiment is very well argued elsewhere in the paper, the claim that this and only this use of TBS is the proper one is merely stated, not argued. Many actual users of TBS would disagree and would claim that it is and should be a policy making device. For example, one could make the case that the frequent use of TBS by Bush/Cheney officials was intended as a justification of actual torture. Another phrase that does not receive sufficient argument: “strenuous attempts to show that the TBS … leads to terrible social policy are misguided” (p. 26). Perhaps actual torture during the Bush/Cheney administration combined with frequent citation of the TBS by that administration would indicate that those “strenuous attempts” are not in fact “misguided”. If the authors wish to maintain the two cited phrases, they’ll have to make the argument.

More posts in this series are here.

Terrorism and Human Rights (39): Targeted Killing and Democratic Peace

Democratic peace theory states that democracies are less likely to engage in war with each other, for a variety of reasons. One of those reasons is the fact that in a democracy, the people vote, and the people are also those who shoulder the cost of war. In a regime in which the people can influence the decision to go to war, such a decision will only be taken very reluctantly. Conversely, a regime that doesn’t need to listen to its people can easily impose the cost of war.

What’s the link with targeted killings of terrorists? Let’s limit the discussion to drone attacks in the context of a war. Killing terrorists in any other context amounts to extrajudicial execution, since those terrorists are criminals rather than combatants and therefore have a right to a trial (unless killing them is the only way to stop an imminent attack). In the context of a war, targeted killings carried out by unmanned drone aircraft are supposed to have certain advantages compared to “normal” military engagement with the enemy. Two of those advantages are that

  • drone attacks are said to be more precise and hence less likely to result in civilian casualties, and that
  • you can avoid putting your own soldiers in harms way.

The supposed precision of drone attacks is contested, since it’s often difficult to judge from thousands of miles away whether the target is real, whether the informants on the ground are reliable and whether there’s no risk to innocent bystanders. There have been reports of civilian casualties resulting from drone attacks, although the true extent of this problem is difficult to measure since there’s no public information on those attacks.

In some cases, troops on the ground may be better able to judge these things. It’s also not commonly accepted that it’s ethical to focus on troop safety over and above the risk of civilian casualties. This focus is, of course, understandable in the case of a democracy engaging in a war. Public opinion is powerful in a democracy and doesn’t like it when troops are put in harms way – that’s one of the origins of the democratic peace theory. (It’s sometimes called the body bag syndrome). Hence, a democracy may be particularly tempted to use drone attacks and targeted killings, since a more traditional war is difficult to sell to a powerful public opinion.

If indeed a democracy is tempted to use targeted killings, then the price to pay may be the loss of democratic peace. Targeted killings remove one of the most powerful causes of democratic peace: the high cost of war. By making war less costly on the party initiating the war, targeted killings make war more likely.

[T]o me the reason to prefer human to robotic war is a cold and brutal one: because it brings war home to the citizenry in the form of the dead and wounded, and the citizenry may then be less likely to support future wars except out of clear necessity. (source)

More on targeted killings here.

What Are Human Rights? (35): Freedom of Expression is Freedom of What Exactly?

Another way to frame the question in the title of this post is: what falls under the header of “expression”, and what not? Only if something is justifiably called expression can it enjoy the protection of the right to free expression. I’ll argue below that “expression” covers more actions than the ones we intuitively classify under that concept. Hence, freedom of expression protects more than we think it protects.

And yet, it’s not because something is expression that it automatically enjoys protection. Some actions which we readily classify as “expression” are not and should not be protected by freedom of speech. In other words, freedom of expression covers more and at the same time less than we think.

The obvious type of action that is covered by the right to free speech, and the type that represents the large majority of expressive actions, is speaking and writing in day-to-day language. Such actions enjoy a prima facie protection by the right to free speech. Nothing special about that. However, the right also applies to other expressive actions, ones that do not involve speech or writing in ordinary language:

  • some non-linguistic means of expression, such as visual art
  • some forms of protest such as the burning of a draft card, a flag or a cross
  • pornography
  • the display of symbols (e.g. a swastika)
  • etc.

These types of expressive actions can also claim protection in certain circumstances.

So, some things which are not readily identified as speech are nevertheless considered as speech acts and receive some form of protection from the right to free speech.

On the other hand, some actions that are unmistakably speech – such as hate speech, incitement etc. – are often justifiably excluded from the protection of the right to free speech.

Free speech therefore covers at the same time more and less than a cursory examination would conclude. However, the broad definition of speech that expands speech beyond mere linguistic acts does create a problem. Non-linguistic expressive actions are hard to delineate. All actions can include an expressive component, and it’s often difficult to determine when an agent intended to convey a message through her actions. So the concept can become too broad, and we risk, as a result, that freedom of speech covers all actions and becomes indistinguishable from freedom tout court. That can’t be the purpose.

Notwithstanding this problem, it’s obvious that not all linguistic or non-linguistic expressive actions should enjoy protection by the right to free speech. Terrorism is certainly an expressive action, but no one would claim that it should be protected by freedom of speech.

Beside the “freedom of what?” question, there’s another interesting one: “freedom from what?” Usually, freedom of expression, like many other type of freedom, is believed to be primarily or exclusively a freedom from government interference with speech. While that’s an important dimension of freedom, it’s not the only one. Rights have a horizontal as well as a vertical dimension: citizens can also violate each others rights, and hence freedom of expression for example is also a freedom from interference by fellow-citizens. More on the dimensions of human rights is here. More on free speech here.

Terrorism and Human Rights (36): There Are No Ticking Bomb Cases

The so-called ticking time bomb case is supposed to prove that there shouldn’t be an absolute ban on torture, and that torture is in some cases justified if it can help to prevent catastrophic harm. Maybe there shouldn’t be an absolute ban, but the ticking bomb case is the wrong way to prove it.

Just a brief reminder of what the ticking bomb case is about. Suppose a ticking bomb has been hidden in a densely populated area and will soon kill thousands or millions if not disarmed. The authorities have managed to capture a terrorist who has either hidden the bomb himself or knows where it has been hidden. (One can replace the “ticking bomb” with another and similar type of deadly device without changing the nature of the argument. The “ticking bomb” is in fact a “pars pro toto”, encompassing cases which do not necessarily involve an actual ticking bomb but which are nevertheless similar with respect to their circumstances and consequences).

The authorities are sure the captured person knows where the bomb is and how to disarm it, but the problem is that he obviously doesn’t want to reveal this information. However, the authorities are also pretty sure that he will do so under torture. There is no other or alternative way to extract the information, and simply evacuating people isn’t an option given the urgency and the lack of knowledge about the exact location of the bomb. Are we therefore not morally allowed to use torture in order to get the information and save numerous lives? Or, a somewhat stronger claim: are we not morally obliged to torture given the enormous benefits for large numbers of people compared to the limited costs for the tortured individual?

Given the choice between inflicting a relatively small level of harm on a wrongdoer and saving an innocent person, it is verging on moral indecency to prefer the interests of the wrongdoer. (source)

The problem – if it is a problem – is that this thought experiment can’t justify torture. It can’t because it’s loaded with so many hypotheticals that the chances of a case like it occurring in real life are close to zero. People simply have to know too much and yet just – just – not enough. That state of affairs is very unlikely, as is the application of torture that is so effective that it delivers accurate information in a very short time frame (remember, the bomb is ticking…).

Hence, if we won’t see a case like it in real life, the thought experiment can’t justify real life torture. At most it may be able to justify torture in theory. The purely theoretical nature of the whole affair is supported by the absence of ticking bomb cases in history. Some cases that are claimed to have been ticking bomb cases – such as the torture of Abdul Hakim Murad – were in fact, after closer examination, none of the kind. Murad only gave away his information after a month of torture, and it came as a surprise. He was tortured not because of an imminent threat. There was no such threat, and the torturers did not act on the assumption that there was.

In 1995, the police in the Philippines tortured Abdul Hakim Murad after finding a bomb-making factory in his apartment in Manila. They broke his ribs, burned him with cigarettes, forced water down his throat, then threatened to turn him over to the Israelis. Finally, from this withered and broken man came secrets of a terror plot to blow up 11 airliners, crash another into the headquarters of the Central Intelligence Agency and to assassinate the pope. … it took more than a month to break Mr. Murad and extract information – a delay that would have made it impossible to head off an imminent threat. (source)

I assume that all those who come up with the ticking bomb to justify torture want to use the case not to justify ticking bomb torture but other, more mundane forms of torture. After all, when you think you’ve managed to crack open the door a little bit – even theoretically – maybe it will swing wide open.

More about the ticking bomb case. More about torture.

Terrorism and Human Rights (34): Terrorism Reduces Respect for Human Rights

And I don’t mean that in the obvious sense: terrorism is a human rights violation and therefore reduces respect for human rights. I’m more interested in the indirect effects of terrorism on human rights. According to this study, terrorist attacks substantially diminish governments’ respect for human rights. Extrajudicial killings, political imprisonment, torture, attacks on privacy etc. are much more common in countries that have witnessed terrorist attacks. One commonly cited reason for this is the perceived necessity of balancing human rights and security. However, it’s not clear whether restrictions on human rights do indeed work to deter or fight terrorism – perhaps such restrictions just make terrorism more likely in the long run (oppression creates resentment). It’s also unclear whether terrorism is the real reason for the restrictions or merely a pretext.

If terrorists are indeed motivated by their hatred of “our freedom“, then they are extremely successful because they have forced democratic countries to destroy a substantial part of their own freedom. Examples are here.

And whether or not restrictions of freedom do effectively improve security in the short and in the long run, governments can’t claim that what they do is what the public wants:

Terrorism and Human Rights (29): Terrorism, Caused by Poverty or Repression?

It seems that poverty doesn’t cause terrorism, at least not usually. Rights violations are a better predictor (and, conversely, respect for human rights predict reduced terrorism). I’ve found this paper (gated unfortunately) supporting those claims.

The empirical results reported here show that terrorist risk is not significantly higher for poorer countries, once the effects of other country-specific characteristics, such as the level of political freedom, are taken into account. … lack of political freedom is shown to explain terrorism, and it does so in a nonmonotonic way. Countries with intermediate levels of political freedom are shown to be more prone to terrorism than countries with high levels of political freedom or countries with highly authoritarian regimes. …

On the one hand, the repressive practices commonly adopted by autocratic regimes to eliminate political dissent may help keep terrorism at bay. On the other hand, intermediate levels of political freedom are often experienced during times of political transitions, when governments are weak, and political instability is elevated, so conditions are favorable for the appearance of terrorism. (source)

Religion and Human Rights (21): The Attractiveness of Religious Liberty to Those Who Hate it

Religious extremism

This post examines the relationship between religious liberty and religious extremism. The expression, “religious extremism”, does not only or even mainly refer to terrorism, jihad or sectarianism. Those are only the more flagrant instances of religiously inspired human rights violations.  All religiously inspired human rights violations are covered here by the concept of religious extremism.

Two other remarks may help to avoid misunderstandings. First, this post by no means focuses exclusively on Islam. Although most news stories about religious extremism nowadays tend to highlight rights abuses in Islamic countries or Islamic terrorism, history shows that none of this is the monopoly of any religion.

Second, the existence of religiously inspired human rights violations does not prove that religion as such is necessarily incompatible with human rights. This post does not make that claim. We should be well aware that rights abuses can be inspired by many different ideologies, religious and secular. Moreover, there is ample evidence that the historic evolution of human rights was and still is underpinned by religious motivation. The incompatibility of religion and human rights is the exception. It is limited to some interpretations of some practices of religions. Religion is above all a matter of conviction and belief, and only then a matter of practice. And conviction and belief can never harm human rights, which is why they benefit from absolute protection by human rights.

Religious liberty

Regarding the concept of religious liberty: what is it and why is it so important? Religious liberty is a human right among other human rights. It contains the freedom of belief, the freedom to practice and promote a freely chosen belief, both in private and in public. It is also the freedom to change belief and the freedom to have no belief at all (the freedom to be non-religious, or the freedom from religion).

Here’s the way it’s formulated in the Universal Declaration, article 18:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Religious liberty is in general words the right to be protected against religious coercion and persecution. Of course, one can and does discuss this definition. There is a lot of literature about the precise meaning of religious liberty. I just assume that we can use the definition given here as a working definition for the purpose of this post.

By protecting people against religious coercion, the right to religious liberty promotes a diverse and plural society, even beyond the field of religion. If there can be diversity and debate in something as important as religion, why not in other fields? So religious liberty functions as an example and a benchmark. It promotes diversity and debate in general, and hence it promotes other human rights – such as freedom of speech – which can occupy the free public space created by religious freedom. Religious liberty, in the same manner, promotes tolerance. If people can be tolerant – or, better, can be forced to be tolerant – in religious matters, it will be easier to enforce tolerance in other fields.

As a consequence, religious liberty is of importance to everyone, including non-religious persons, and not only because it protects them against the imposition of a religion. It also allows them, and everyone else, to live in a world of diversity, tolerance and human rights. Religious liberty is therefore an integral part of the system of human rights and of crucial importance to a plural world. It is a prerequisite for the whole system of human rights, but also vice versa. Freedoms of speech, of assembly and of association are religious freedoms as well and are prerequisites for religious liberty strictu sensu.

The attitude of religious extremists towards religious liberty

The relationship between religious liberty and religious extremism is ambivalent. On the one hand, we see that religious extremists, especially those living in democracies, use or better abuse religious liberty to justify certain religious practices and norms which violate human rights. On the other hand, and more generally, religious extremists do not like religious liberty. They are universalists. They want to impose their norms on others and do not want others to enjoy religious liberty. Unbelievers do not deserve freedom because they oppose the laws of God, the only God and the God of all human beings. Man does not have the freedom to violate the laws of God.

Religious universalists naturally try to take over the machinery of the state, because then they can use the law, the police, the judiciary, state education, etc, to bring back the “lost sheep”, against their will if necessary.

[R]eligiously wrong – a motive of legislation which can never be too earnestly protested against.  Deorum injuriae Diis curae.  Injustices to the gods are the concern of the gods.  It remains to be proved that society or any of its officers holds a commission from on high to avenge any supposed offense to Omnipotence which is not also a wrong to our fellow creatures.

The notion that it is one man’s duty that another should be religious was the foundation of all the religious persecutions ever perpetrated, and, if admitted, would fully justify them.  […] a determination not to tolerate others in doing what is permitted by their religion, because it is not permitted by the persecutor’s religion.  It is a belief that God not only abominates the act of the misbeliever, but will not hold us guiltless if we leave him unmolested. John Stuart Mill in On Liberty

Universalism is of course inherent in most major religions (perhaps not in Judaism). However, religious extremists go beyond the normal religious tendency of promoting universality by persuasion and voluntary conversion. They try to achieve universality by taking away the religious liberty and other human rights of their opponents. They use force and violence, sometimes even terror and war. Even the members of their own groups often suffer rights abuse because of the objective of universality (for example, punishment for apostasy).

(By the way, universalism is not an exclusively religious phenomenon. We can also find it in many non-religious worldviews such as capitalism and communism. We can observe that these other worldviews also tend to violate human rights if they take their universalism too seriously. One could even claim that the ideology of human rights is a kind of universalism. Fortunately, this ideology cannot permit itself to violate human rights for the sake of its universalism, because that would be self-destructive).

First-level protection against rights violations by religious extremists

I’ve mentioned above that there is a two-way causation, unity and interdependence in the system of human rights (by the way, this is a recurrent feature in the system, even in parts of it unconnected to religious liberty). This unity can help to solve the problem of the violation of religious liberty by religious extremists and the violation of other human rights justified by religious liberty. Religious extremists can violate human rights in two ways:

  • either internally in their own groups, again in two ways:
    • for example, certain religious practices such as gender discrimination, forced circumcision, etc). These practices are often justified as falling under the protection of religious liberty;
    • or by prohibiting exit-attempts (apostasy) – which often occur as a consequence of the previous type of violation – and taking away the freedom of religion in the sense of the freedom to change one’s religion;
  • or externally, in their practices directed at outsiders (for example, forced conversion, terrorism, holy war, etc). These practices can violate only the freedom of religion of outsiders, or also their other human rights.

Now, all these practices cannot and should not benefit from the protection offered by religious liberty. No single human right, including the freedom of religion, can justify human rights violations. Human rights have to be balanced against each other and must be limited when they produce human rights violations. Limiting rights for the sake of other rights or the rights of others is a normal practice in the system of human rights. This system is not a harmonious whole. Rights can be contradictory. Take the right of privacy of a public figure trumping the right of freedom of expression of a journalist. Or the right to life of people in a crowd trumping the freedom of speech of one of them wanting to yell “FIRE!” without good reason.

In the case of religious liberty: one could argue that the right to equal treatment and non-discrimination of women, the right to life of apostates and the religious freedom of adherents of other religions trump the right to some religious practices which would normally enjoy protection under the religious liberty articles.

Second-level protection against rights violations by religious extremists

This first-level protection implies, of course, the enforcement, often by force, of human rights against the will of religious extremists. A better protection would be based not on external force but on internal motivation. The central thesis of this post is the following: notwithstanding the hostility shown by extremists with regard to religious liberty and other human rights, they can be persuaded that they have tactical reasons to accept religious liberty and human rights in general, even if their religious views tell them otherwise. This thesis is based on the force of self-interest as a universal human motivation. It therefore excludes the ultra-extremists who blow themselves up for their religion. They have forsaken self-interest and cannot be convinced to take a course of action based on self-interest. However, they are a minority even among extremists (some of them probably have not forsaken self-interest but are forced to do what they do). So let us concentrate on the other extremists.

There is reason to believe that societies are becoming more and more diverse, culturally and religiously. As a consequence of migration and globalization, states are becoming collections of religious sub-communities. This increased diversity of societies means that religious sub-communities need the protection of religious liberty and other human rights. Even the extremists among them, those who want to coerce, can one day, when the demography has changed, be coerced by the opposing extremists. Therefore, they can be tempted to adopt religious liberty and human rights for their own long-term protection even if these contradict their religious beliefs and practices and their universalist claims. At first sight, a universalist religious extremist may not consider religious liberty and the freedom and equality of all religions as being in his self-interest, or even in the self-interest of the adherents of the other religions. On the contrary, it is in his interest that a maximum number of people convert to his religion. From the point of view of salvation, this is also in the unconscious interest of the people to be converted. He may claim that the latter not only should lose their religious liberty, but also their other rights, and perhaps even their life.

But rejecting the religious liberty and other rights of others means destroying the state mechanisms which he may one day need to defend himself against other extremists who immigrate or become stronger through other means. After all, globalization means that everyone can become a minority everywhere.

It makes sense for a strong majority with universalist claims to reject the rights of minorities, but only in the short-term. In the long term, it’s much more rational to keep the human rights protection mechanisms intact, if not out of conviction, then tactically in order not to cut off the branch one may need to sit on in the future.

Even the protection of human rights internally in a group makes tactical sense. Here it’s not a question of counting on reciprocal respect, if necessary enforced by your own reluctant example or by enforcement mechanisms kept intact by your own groups’ respect for them. Respect for the rights of the members of your own group also helps to maintain a rights enforcing state which can help protect you against other groups.

Of course, this reasoning requires rationality and objective analysis of self-interest on the part of religious extremists, which is perhaps utopian.

Inclusive and exclusive norms

We can put all this in another way by making the distinction between inclusive and exclusive norms. Inclusive norms are norms such as tolerance, freedom of speech, etc. They try to protect plurality and hold different people with different convictions together.

Exclusive norms try to win a competitive struggle with other norms and try to exclude difference. For example, homosexuality is a sin. Religious norms are often exclusive norms, but not always (think of charity for instance) and many exclusive norms are not religious at all (racism for example).

Someone who is attached to an exclusive norm will try to change people, to persuade, convert, perhaps even impose or force. (To stay with my example on homosexuality: there are “clubs”, if you can call them that, in the US where people help homosexuals to “convert” to heterosexuality). So, exclusive norms may lead to rights violations or violations of inclusive norms.  In that case, inclusive norms should, in my view, take precedence. However, for religious people, the commands of God clearly trump human rights. It’s easier to protect inclusive norms against exclusive norms if religious communities have internalized inclusive norms and only promote, rather than impose, their exclusive norms. In doing so they guarantee that the inclusive norms are alive and well when the exclusive norms of other sub-communities start to manifest themselves. Even extremists may be convinced that this is a rational approach.

Terrorism and Human Rights (26): Is Terrorism Caused by Unemployment?

Some time ago, I linked to a paper claiming that poverty and lack of education do not, contrary to common belief, contribute to terrorism. If this claim is correct, then it has major implications for counter-terrorism efforts. There’s another paper here making a similar claim, looking at the correlation between violent insurgencies and levels of unemployment, specifically in Iraq and the Philippines. One often assumes that unemployment and the economic and social alienation resulting from it, are elements causing or facilitating political violence, and that efforts to promote employment can have a beneficial effect on social cohesion and political loyalty. The unemployed are believed to have the mindset (frustration etc.), the time and the opportunity to radicalize and be radicalized, whereas people who are employed have a lot to lose, economically, from political instability. Positively stated,

insurgency is a low-skill occupation so that creating jobs for the marginal unemployed reduces the pool of potential recruits.

However, the authors find

a robust negative correlation between unemployment and attacks against government and allied forces and no significant relationship between unemployment and the rate of insurgent attacks that kill civilians. … The negative correlation of unemployment with violence indicates that aid and development efforts that seek to enhance political stability through short-term job creation programs may well be misguided.

Some of the reasons given in the paper in order to explain this negative correlation are:

  • Counter-insurgency forces usually spend money to buy intelligence from the general population. More unemployment means that the available money can buy more intelligence, hence bring levels of violence down.
  • Insurgents also need to live. If there’s a lot of unemployment, they need to spend more time on basic survival and hence can spend less time on violence.
  • Efforts to enhance security—establishing checkpoints and the like—damage the economy.
  • etc.

The paper deals only with two countries, neither of which is perhaps a very typical case. Moreover, cross-border terrorism doesn’t seem to fit well into the analysis. But still, the findings are interesting.

Lies, Damned Lies, and Statistics (26): Objects in Statistics May Appear Bigger Than They Are, Ctd.

I’ve mentioned in a previous post how some numbers or stats can make a problem appear much bigger than it really is (the case in the previous post was about the numbers of suicides in a particular company). The error – or fraud, depending on the motivation – lies in the absence of a comparison with a “normal” number (in the previous post, people failed to compare the number of suicides in the company with the total number of suicides in the country, which made them leap to conclusions about “company stress”, “hyper-capitalism”, “worker exploitation” etc.).

The error is, in other words, absence of context and of distance from the “fait divers”. I’ve now come across a similar example, cited by Aleks Jakulin here. As you know, one of the favorite controversies (some would say nontroversies) of the American right wing is the fate of the prisoners at Guantanamo. President Obama has vowed to close the prison, and either release those who cannot be charged or tranfer them to prisons on the mainland. Many conservatives fear that releasing them would endanger America (some even believe that locking them away in supermax prisons on the mainland is a risk not worth taking). Even those who can’t be charged with a crime, they say, may be a threat in the future. I won’t deal with the perverse nature of this kind of reasoning, except to say that it would justify arbitrary and indefinite detention of large groups of “risky” people.

What I want to deal with here is one of the “facts” that conservatives cite in order to substantiate their fears: recidivism by former Guantanamo detainees.

Pentagon officials have not released updated statistics on recidivism, but the unclassified report from April says 74 individuals, or 14 percent of former detainees, have turned to or are suspected of having turned to terrorism activity since their release.

Of the more than 530 detainees released from the prison between 2002 and last spring, 27 were confirmed to have engaged in terrorist activities and 47 were suspected of participating in a terrorist act, according to Pentagon statistics cited in the spring report. (source)

Such and other stats are ostentatiously displayed and repeated by partisan mouthpieces as a means to scare the s*** out of us, and keep possibly innocent people in jail. The problem is that the levels of recidivism cited above, are way below normal levels of recidivism:

[In the] general population, … about 65% of prisoners are expected to be rearrested within 3 years. The numbers seem lower in recent years, about 58%. More at Wikipedia. (source)

Hate (6): Hate Crime

Practically all crime is “thought crime” in the good ol’ common law sense of the Latin phrase actus non facit reum nisi mens sit rea – the act does not make guilt unless the mind be guilty. If we were to take a strict liability approach to all violent crime we would be obliged to place wrongful death on a par with premeditated murder. (After all, it’s not as though the lives of those killed accidentally are worth less.) John Holbo (source)

This nicely debunks the claim that hate crime laws – laws which make the punishment for an existing crime more severe when the crime was motivated by hate for the segment of the population to which the victims belongs – institute “thought crimes” and make thoughts, opinion and beliefs illegal. I believe that hateful motives are aggravating circumstances that should make a penalty more severe. A hate crime is not only a crime against the immediate victim, but is intended to terrorize a whole segment of the population. It creates therefore more victims than is apparent at first sight.

When you mistakenly believe that hate crime laws create thought crimes, you have to conclude that proponents of hate crime laws do not want to punish behavior but want to eradicate hate, or at least reduce the levels of hatred in a society. And then you have a cheap shot: how stupid to want to eradicate hate! Haha! (There’s an example of this kind of reasoning here*). Indeed, that would be stupid, if that’s what proponents of hate crime laws would propose. But they don’t. They simply want to punish crimes, and want to punish a specific kind of crime in a specific – and especially tough – way. They know that there will always be hate, that hate is the price to pay for a free society. Maybe hate crime laws can reduce the amount of hate in a society, but that’s not the main purpose. Hate crime laws want to punish behavior and want to protect people from fear. And they want to signal that society has understood the difference between hate crimes and other types of crimes, even if these other types of crimes have the same material results.

* The article linked to also irresponsibly blurs the differences between hate speech and hate crime. When you do that, it’s of course much easier to attack hate crime laws because then it becomes much more “obvious” that hate crime laws are “in fact” thought crimes.

Freedom of Expression, or a Duty of Expression?

I often have the impression that people transform the right to free expression into a duty to free expression. And I don’t think that’s a good thing. For example, Muslims in western countries are often told that they should distance themselves from the more violent members of their religion. We require them to speak out against Muslim terrorism.

Another example: politicians, especially in the U.S., are required to speak out on a number of subjects, e.g. abortion, same-sex marriage, their faith in God etc. As if it would be a disaster to elect a politician who happens to doubt about abortion. After all, many people do (myself included).

A somewhat exaggerated view on democratic transparency is undoubtedly a small part of the explanation for this. Democracy can’t function without public knowledge of politicians’ opinions, or without some sense of what our fellow citizens believe (part of democracy is group formation, and group formation is based on discussion and persuasion; and you can’t persuade someone if you don’t know what he or she believes).

But the most important cause of this “duty of expression” is, I think, the manichean nature of contemporary politics. Every issue is painted in black and white, good and evil, for or against. We force people to express themselves on issues so that we can see if they are with us or against us. And if someone expresses him or herself in a nuanced way we automatically assume that he or she takes a position opposite from our own. For example, if Muslims reject Islamic terrorism but at the same time point to the situation in Palestine, we assume that they really think terrorism is OK, or justifiable given certain circumstances. We can’t accept muddled or nuanced middle ground positions, or positions which change according to the circumstances. Gray isn’t an option.

Clarity, simplicity and certainty are important human objectives, but often they aren’t appropriate in thinking. Of course, sometimes manicheism is the only possible position: you either believe the holocaust is a fact of history or you don’t; there’s no middle ground, and those who don’t believe in it are either stupid or evil. But when it comes to political or moral opinions (rather than facts), those who really think about them often find themselves occupying a gray, complex and uncertain position.

I suspect that the difficulty to let go of manicheism and to accept uncertainty and nuance has something to do with the nature of democratic politics. It’s hard to vote for nuance, and easy to vote for or against a clear and simple proposition. And simple propositions get more attention, sell better and make it easier to mobilize large constituencies (see the cartoon below). But then again, when we look at political reality, manicheism is much more common in autocratic societies. The public debate on issues which is made possible by democratic societies forces nuance to appear.

The difficulty to let go of manicheism also has something to do with the fear of the other extreme: the paralysis that follows from endless nuancing and thinking. Politics is a realm where decisions have to be taken, contrary to philosophy where thinking is unending in principle.

However, it doesn’t follow from this that decisiveness has to be manicheism. Decisions can be based on nuanced thinking. The risk of paralysis is averted by the realization that our decisions, often taken under the pressure of urgency, are necessary yet provisional, based on the best thinking available at the time, and open to revision when time has improved our thinking.

Human Rights and International Law (17): License to Kill? The Morality and Legality of Targeted Killings of Terrorists

The Bush administration took the position that killing members of Al Qaeda, a terrorist group that has attacked the United States and stated that its goal is to attack again, is no different than shooting enemy soldiers on the battlefield. The Obama administration, which has continued to fire missiles from Predator drones on suspected Qaeda members in Pakistan, has taken the same view. (source)

Now it seems that the CIA went a step further and developed plans to dispatch small teams overseas to kill senior Qaeda terrorists (Predator strikes can be unreliable and tend to produce “collateral damage”). The plans remained vague and were never carried out, and Leon E. Panetta, the new C.I.A. director, canceled the program last month. Apparently, because it was too difficult to organize and probably also because no one has a clue where the terrorists really are.

In 1976, after the disclosure of C.I.A. assassination plots against Patrice Lumumba of the Congo, Fidel Castro in Cuba and other foreign politicians, President Gerald R. Ford issued an executive order banning assassinations. This ban, however, does not apply to the killing of enemies in a war (obviously, because that would make war impossible). Hence the utility of branding the fight against terrorists a “War on terror”. Convincing the world that you are “at war” with the terrorists, turns them into “simple soldiers” who can be killed at will, like all soldiers in a war (except when it comes to the Geneva conventions, they’re soldiers no more…).

My personal views on targeted killing are here. According to me, whether there’s a war going on or not, targeted killings are morally justified only in certain very specific circumstances. When there is an imminent threat and no other means to stop an attack from happening, targeted killings are justified, whether or not we are “officially” at war. That would not only be morally justified, but also a legal act of self-defense under national and international law (see here for instance). The sovereignty of the country where the killing occurs shouldn’t be an obstacle.

Counterterrorism, in civil democratic regimes, must be rooted in the rule of law, morality in armed conflict, and an analysis of policy effectiveness. Targeted killings are indeed legal, under certain conditions. The decision to use targeted killing of terrorists is based on an expansive articulation of the concept of pre-emptive self defense. … According to Article 51 of the U.N. Charter, a nation state can respond to an armed attack. Targeted killing, however, is somewhat different because the state acts before the attack occurs. In addition to self-defense principles, the four critical principles of international law – alternatives, military necessity, proportionality, and collateral damage – are critical to the decision-maker’s analysis. … Implementing [these] four international law principles … requires the commander to ascertain that the “hit” is essential to national security and therefore proportional to the risk the individual presents. Furthermore, the commander must determine that any alternatives, such as capturing and detaining the individual, are not operationally possible. The commander must also seek to minimize the collateral damage – harm to innocent civilians – that is all but inevitable in such attacks. Amos N. Guiora (source)

And of course the threat must be imminent.

What is not acceptable is targeted killing without any imminent threat, or in circumstances which allow for other types of “disablement”. And neither is targeted killing as a kind of popular and photogenic “poetic justice”, because that is justice without due process. And when we have the chance to apply due process, why not show the world that we don’t just destroy criminals, even less suspected criminals or potential criminals? Extrajudicial executions aren’t OK simply because the targets are more blameworthy than opposition figures in Latin-American dictatorships. It’s not because everyone hates Osama bin Laden that we can simply kill him at will.

Terrorism and Human Rights (20): Targeted Killing of Terrorists

Are governments, or even private individuals, allowed to kill terrorists when killing them is the only way to prevent a terrorist attack? Intuitively, I would say “yes”, but only if certain conditions are met: the attack must be imminent, and no other solution is possible. In fact, these conditions limit the possibility to cases such as killing a terrorist with explosives clearly visible, and seen – from a distance – to be moving towards a target.

Most cases will be different and will make it possible for the police or bystanders to disable the terrorist in some other way, short of killing him or her, and without putting themselves at risk. I never understood why the British SAS needed a policy to target and kill IRA terrorists when they were not engaged in an imminent terrorist attack and when they could easily be arrested (see here for the story).

Now, one could reply to this with this question: why should we treat terrorists better than soldiers? In a war, soldiers can be killed almost at will. If an army spots enemy soldiers, it can kill them without violating any law of war, even if these enemy soldiers are not engaged in an imminent attack. So why can’t we kill terrorists in the same way? In fact, we should treat soldiers better, since many of them are conscripts who do not target innocent civilians. Terrorists are (normally) volunteers who target innocent civilians. That makes two aggravating circumstances.

In answer to this, we could state that terrorism isn’t a war; it’s a criminal act. Some things are allowed in a war which aren’t allowed in peacetime. And terrorism is horrible and not peaceful at all, but not everything that is horrible or a breach of peace is necessarily a war. If we are allowed to stop the crime of terrorism with targeted killings – even if the crime is not imminent – then why not normal murder as well? For example, we may know that someone is about to commit (a non-terrorist) murder, but the act is not imminent. If you accept the SAS tactic, you also have to accept the preventive killing of normal murderers.

Some go even further, and accept not only targeted killing in cases without an imminent threat, but also killing after the fact. They would accept the killing of Osama bin Laden, even if he wasn’t planning a non-imminent attack. They would justify this killing based on his past actions. (Another example is the targeted killing by Mossad of the people involved in the Munich Olympics killings, made into a movie by Spielberg). I think that’s just as unacceptable as the targeted killing SAS style. It’s punishment without due process.

Terrorism and Human Rights (19): The War on Terror and the Right to Privacy

During an apparently never-ending war on terror (what could be the end of such a war?), people are quick to believe their “liberal” governments when they tell them that a bit less privacy is a cheap price to pay for more physical security.

However, many of those governments, because they claim to be “liberal” and “democratic”, feel uneasy about this. After all, if rights are tradeable like this, if they depend on the circumstance and should be surrendered when the circumstances become more difficult, what is left of them? They become a luxury for good times, rather than a safeguard in bad times. (Another sign of this is the way in which the war on terror is eating away at other rights as well, e.g. the right not to be tortured; but let’s stick to the right to privacy here).

Because of this unease, governments claim that the right to privacy isn’t really being sacrificed. “If you have nothing to hide, you have nothing to worry about”. It’s only the terrorists whose right to privacy is being limited. But in the meantime

  • DNA databases are being established for almost entire populations
  • CCTV is omnipresent
  • “data mining” is used extensively (after all, how can you determine if someone is a terrorist if you haven’t first violated his or her right to privacy?)
  • etc.

I don’t mean to imply that rights such as the right to privacy are absolute or that there can never be a good reason to limit one right for the sake of another. On the contrary. But limiting rights can only be done when there is a “clear and present danger” for other rights or for the rights of others. A vague and everlasting “war on terror” provokes limits on rights when there’s no such danger. Limiting rights becomes the normal MO of governments keen to prevent such a danger from ever occurring. And that’s unacceptable. Obviously, terrorism is a danger, but governments can only limit rights in order to prevent it when the danger is clear and present, and imminent. A general and vague fear of terrorism will not do.

Terrorism and Human Rights (18): Right-Wing Terrorism in the U.S., and the Shared Responsibility of Conservative Media

Only days after the attack on Dr. Tiller, the U.S. is shocked by yet another terrorist attack by a right-wing extremist, this time at the Holocaust Museum in Washington. Some have questioned the role of the media in all this. It’s true that parts of the U.S. media, especially on the conservative side, are not characterized by nuanced analysis and balanced reporting. There’s a lot of hate speech, stereotyping and shouting on cable news, on the radio and on the internet. So it’s fair to say that there may be a risk that the media are fanning and nurturing extremism and hate in society, and that they may be responsible for pushing sick people over the edge. (See also here).

I personally regret the lack of quality in the media, and I do believe that journalists and pundits should be more careful in what they say and how they say it. But I also believe that critics of the media should be careful when deciding responsibilities and causal relationships. Society is complex, and people are driven by many factors. Still, most people are ultimately responsible for their own acts (I don’t know enough about the two cases at hand to conclude that the mental condition of the perpetrators at the time of the crime was such that they could be held criminally responsible).

We run the risk that these terrorist events will lead to calls for a more restrictive interpretation of the freedom of speech of the media. Let’s hope that this risk incites the media to question their behavior and to abandon the language of hate.

Terrorism and Human Rights (15): Does Respect for Human Rights Reduce Terrorism?

Here is an extremely interesting paper by James Walsh and James Piazza. Quote:

Some hold that restricting human rights is a necessary if unfortunate cost of preventing terrorism. Others conclude that such abuses aggravate political grievances that contribute to terror. We demonstrate that theory and data support the latter position. (source)

They focus on what they call physical integrity rights, or rights which protect people from physical harm. The more a state respects these rights, the less terror attacks it suffers. It will also be less engaged in some way or other in transnational attacks.

These findings are opposed to two similar and widespread beliefs: unstable states can only guarantee security is they are authoritarian (see here), and even well-developed democracies have to limit some human rights in order to fight a terrorist threat. In the former case, the threat comes usually from within; in the latter case from abroad.

States that seek to preserve human rights and political freedoms are limited in their ability to monitor and detain terrorism suspects, are prohibited from making broad police sweeps to catch terrorist perpetrators and their sympathizers, limit coercive interrogation of suspects, and must afford suspected terrorists access to a lawyer and a public trial. Freedom of assembly and of the press allows terrorists and their supporters to publicize their grievances. … The implication is that states that protect human rights are more vulnerable to terrorist attacks. (source)

In fact, the opposite is true. Protecting human rights, and especially security or integrity rights, reduces terrorism, and violating them promotes terrorism. Terrorism is a complex phenomenon, but I think it true to say that grievances and injustices (and many of those are caused by rights violations) are important motives. Democracies and states that respect human rights supposedly give too much freedom to terrorists, allow them to organize, recruit, mobilize and plan, and make it very hard to efficiently combat terrorists (rule of law, free speech, humane treatment and torture prohibitions etc. are all said to hamper counter-terrorism). But authoritarian regimes create injustices on which terrorists feed. They also make it hard to express and redress grievances in non-violent ways,  and use ruthless methods that only make their opponents more radical, fanatic and popular.

Terrorism and Human Rights (9): Is Terrorism Caused by Poverty and Lack of Education?

This paper says it is incorrect to state that poverty and a lack of education are the root causes driving people towards terrorism. It’s a highly interesting paper worth to be read in full. I’ll just try to summarize it here.

Terrorism is premeditated violence against citizens intended to cause fear and terror and to influence public opinion and government policies. Given that terrorism is obviously a crime, and given the well-established link causal link between poverty and lack of education on the one hand, and crime on the other, one could assume that there is also such a link between poverty/lack of education and terrorism. However, the link with crime in general, as the paper points out, is stronger in the case of property crime than in the case of violent crime.  And terrorism is a violent crime.

The paper also presents more direct evidence of the absence of a causal link between poverty/lack of education and terrorism:

  • Opinion polls measuring public support for terrorism among Palestinians do not show more support among the poor.
  • Hezbollah members are not, on average, poorer than the rest of the population of Lebanon, on the contrary.
  • The education and income levels of individual terrorists are higher than average:

An explanation for this is that people with higher levels of education and income often feel much stronger about political causes, have more passionate support for political groups etc., partly because such involvement requires knowledge and leisure time.

The most extreme type of terrorist, the suicide bomber, is obviously not motivated by economic gain. But he may be motivated, not by his own poverty and his struggle against it, but by the poverty of his family, people or country (many terrorist groups give money to the families of suicide bombers). The paper calls this “Robin Hood terrorism”. While it is true that the poorer countries produce relatively more terrorists, this correlation disappears when respect for human rights is taken into account.

At a given level of income, countries with greater respect for civil liberties are less likely to be a wellspring for international terrorists. A lack of civil liberties is associated with higher participation in terrorism.

The results of the paper are discouraging in a way, because they cut off one avenue in the fight against terrorism: provide better education and higher incomes. If terrorism isn’t the result of poverty and ignorance, then the struggle against it may prove to be very difficult. It’s easier to do away with poverty and ignorance than it is to remove other possible causes of terrorism, such as indignity, frustration, religion, culture etc. What is encouraging is the link between rights violations and terrorism. One more reason to promote human rights.

Limiting Free Speech (23): Blasphemy Laws

Blasphemy laws are obviously limitations on the freedom of speech, and in my view, unjustifiable limitations. Blasphemy is a disrespectful or insulting statement about a God or a religion. It’s a kind of defamation or libel of God. (I disregard in the current context the act of claiming the attributes or prerogatives of deity, also a kind of blasphemy).

I never quite understood how people can think that an almighty God can be insulted by statements made by unbelievers, and needs to be protected against such statements by blasphemy laws. And I don’t say this because I’m agnostic. I would say the same thing if I was a believer. I think my God would be able to take it, and I can’t understand the concept of a God who can’t take it.

More intelligent proponents of laws prohibiting blasphemy see my point and redirect these laws towards a defense, not of God himself, but of his teachings and his flock. Blasphemy is then a verbal attack on a particular faith or on the followers of this faith. But this is also a sign of weakness and self-doubt. It implies that blasphemous statements can hurt a community of believers, individual believers or elements of a faith. It implies, in other words, that this faith isn’t very strong, either as a system of belief, or as someone’s conviction. So maybe the system of belief is so weak that it needs to be defended by law against criticism, because otherwise it would fall apart. Or maybe the believers need protection so as not to loose their belief. But perhaps the hurt in question doesn’t refer to a teaching or a belief, but is merely a matter of being insulted. And then I refer to a previous post in this series, more generally on the supposed right not to be offended (see also here).

Fortunately, blasphemy laws are more or less defunct in most western democracies. They are common only in theocracies. However, there are calls for their reinstatement in some democracies, especially those with large Muslim communities. It is an unfortunate fact that most of the modern day terrorist attacks are carried out by radical Muslims, and this fact convinces some people that there is a kind of necessary link between the religion of Islam and terrorism. As a result, public discourse in some circles is rife with incendiary remarks about Islam (Wilders is a particularly loud example). No matter how simplistic and unfair these remarks are, they are taken very seriously by many Muslims who seek to stop them by demanding the reinstatement and application of blasphemy laws. Some democratic governments seem to take these demands on board, and consider blasphemy laws to be a good way to accommodate religious and cultural sensitivities, to avoid social divisions, violent protest and radicalization of young Muslims.

However, I think they are wrong. Rather than silencing the debate about Islam and terrorism, governments should allow moderates within and outside of Islam the chance to win it. Blasphemy laws will only encourage islamophobes in their belief that Islam is intolerant and weak, seeking special protection because it is flawed to such an extent that it cannot survive criticism. And they get further encouragement from the often harsh and brutal punishments for blasphemy demanded by some vocal Muslim minorities.

In many countries, blasphemy laws are used as a means of political oppression. When religious leaders are also political leaders, or closely affiliated with political leaders, these laws can stifle dissent and opposition because they recast criticism of politics as criticism of religion. Even a secular leader can use blasphemy laws to decide religious animosity between groups in a way that suits his own purposes.

Blasphemy laws are a symptom of an insufficient separation between state and church. Religious liberty requires equal treatment of all religions, and equal political and legal power for all religions. Otherwise the choice for a religion wouldn’t be a free one. Blasphemy laws typically do not apply to all religions equally.

Terrorism and Human Rights (7): Data Mining, Terrorism and Privacy

Data mining (also known as pattern recognition) is an anti-terrorist intelligence strategy. Data mining means bringing together different kinds of databases, linking them, and trying to identify suspicious patterns of individual behavior. The purpose is to prevent terrorist attacks. Suspicious behavior may indicate that such an attack is imminent, and data mining has been defended as the most important prevention tool.

If a Muslim chemistry graduate takes an ill-paid job at a farm-supplies store what does it signify? Is he just earning extra cash, or getting closer to a supply of potassium nitrate (used in fertilizer and explosives)? What if apparent strangers with Arabic names have wired him money? What if he has taken air flights with one of those men, with separate reservations and different seats, paid in cash? What if his credit-card records show purchases of gadgets such as timing devices? (source)

Intelligence services are routinely bringing together different data-bases such as

  • credit card and payment data
  • travel data, flight reservations, hotel reservations
  • census data such as race, religion, occupation
  • data on internet use, email and phone use
  • police information such as convictions, known associates, fines for illegal photography
  • CCTV data (e.g. from cameras situated close to extremist mosques)
  • etc.

When all these data bases are linked, the value of the information they contain increases significantly. When intelligence services learn that someone travels to Afghanistan or Pakistan, it may not ring a bell. And anyway, there are too many people travelling to these places. But if they filter on those people who also read extremist websites, visit extremist mosques, have extremists associates, travel in the plane as other suspicious persons, have suspicious payments etc., then they may be on to something.

However, data mining may lose some of its benefits to the extent that terrorists are aware that this is happening and fine-tune their behavior. They know that much of this data mining is, by necessity, automated in computer programs which assign a “suspicion value” to certain activities or combinations of activities (the data bases are too big to do it any other way). So they can lower their suspicion score by regularly visiting very non-Muslim websites such as porn sites, or call telephone numbers of brothels.

Data mining may lose its effectiveness and has also been criticized as an invasion of privacy and a criminalization of behavior that is perfectly legal even if sometimes somewhat strange. Normally, invasions of privacy such as phone-tapping require a prior suspicion. Data mining means spying on people without such as prior suspicion, because suspicion can only be established as a result of mining, not beforehand.

It means spying on people in two different ways:

  • The data bases used contain individual data that were not intended for use by intelligence services and that were often handed over by individuals on the assumption that the data would be treated confidentially.
  • When a suspicion is established on the basis of data mining, more traditional means of surveillance come into play (phone tapping, observation etc.), which also violate people’s right to privacy.

Of course, privacy is not an absolute value and different types of rights need to be balanced – in this case the right to privacy of some and the right to physical integrity and security of others. And an assessment has to be made of the priority of one right compared to another. But it seems to me that treating every citizen as a possible terrorist, and looking at his or her individual and private data as a matter of routine, is way over the top. I would like to see some information of the number of terrorist plots foiled by data mining.

But privacy is not the only victim. If someone is labeled “suspicious” as a result of data mining, he or she may end up on a “watch-list” and may find it difficult to travel or find a job in certain places deemed risky (hospitals, fertilizer producers, government agencies etc.).

Terrorism and Human Rights (6): The War on Terror

The War on Terror, started by the U.S. government as a response to the September 11, 2001 terror attacks and later joined by other governments, has had and continues to have grave consequences for the human rights of their citizens and of citizens of other countries. This is a high price for an uncertain gain.

However, before I list these consequences, I would like to make it clear that I believe, as any rational human being, that terrorism is evil, that it has to be destroyed and that democracies have a right to defend themselves against violent, anti-democratic fanatics.

I also believe that democratic governments should be especially vigilant because the freedoms that they are elected to protect, offer opportunities for those who hate freedom, opportunities that do not exist in other political systems. Potential terrorists find it relatively easy to enter a democracy and operate in it. A democracy is a very vulnerable form of government because of the freedom it gives to everyone, even those who don’t mean well.

The freedoms of a democracy can be and are abused, but this, it seems, has frightened democratic governments to such an extent that they have decided to limit these freedoms up to the point that they are in danger of abandoning their values, and hence doing the work of the terrorists for them. It can be acceptable to limit certain rights for the protection of other rights, but the right to security has taken on an absolute priority, at the expense of all other rights. There is no reasonable balance anymore. Some have called the war on terror a “war on freedom” (source).

1. Civil liberties

Governments try to defend their countries against terrorist attacks by limiting civil liberties in their territories.

  • The right to privacy has been limited: CCTV has become ubiquitous, DNA databases have been created, eavesdropping and wiretapping have been legalized etc.
  • “No-fly-lists” have come into force, limiting the freedom of movement of even those who have written critically of the government or attended peace-protests.
  • Hate speech laws have been voted to silence jihadist hate preachers, silencing others at the same time.
  • “Racial profiling” by the police has turned innocent people into possible suspects, often inverting the burden of proof.
  • Habeas corpus has been limited, periods of detention without charge extended, sometimes indefinitely (for “enemy combatants”).

However, in spite of all this, the constraints on a government’s actions within its territory are sometimes still considered to be inhibiting:

  • “Extraordinary rendition” has been covertly practiced, allowing suspects to be tortured outside of the territory by professional torturers in other countries.
  • Extra-territorial prisons have been created, in Guantanamo, but probably elsewhere as well, where suspects can be tortured or held indefinitely and where the Geneva Conventions supposedly don’t apply.

2. Mentalities

The war on terror has also changed people’s minds and attitudes.

  • The media have started to censor themselves. Solidarity with the government at war and the commander-in-chief, or the fear of being perceived as unpatriotic, appeasers, “useful idiots” or even open allies of the enemy has turned them into uncritical supporters of the war.
  • Citizens have turned on Islam and Muslims. Xenophobia and more specifically islamophobia have undermined the ideals of tolerance and multiculturalism, and have in certain cases even led to hate crimes against Muslims.
  • A “culture of fear” has been created by the terrorist but also nurtured by irresponsible western politicians. This fear has damaged democracy. Not only have the media relinquished their traditional role as watchdogs. Politicians as well, and especially incumbents, have abused the fear of terrorism to harness support. Alert levels seem to go up just before elections.

3. Preemptive war

The US government has elaborated and implemented the strategy of preemptive war, a war

waged in an attempt to repel or defeat a perceived inevitable offensive or invasion, or to gain a strategic advantage in an impending (allegedly unavoidable) war. (source)

The Iraq war was deemed a preemptive war because Iraq was allegedly about to attack the US with weapons of mass destruction, or supply these weapons to terrorists. Whatever the merits of the case against Iraq – and with the passing of time these seem to become weaker and weaker – the war has been framed, correctly or not, as a necessary stage in the ongoing war on terror. It has, however, resulted in massive numbers of casualties on both sides. The human rights violations caused by the war stand in no relation to the violations caused by terrorism or the violations that could have been caused by Saddam.

In any case, you can’t solve the problem of terrorism by violent means only. Terrorism has causes, and there will be terrorism as long as these causes exist. (Mind you, I don’t want to excuse or justify terrorism).

4. Counter-productive

It is now widely believed, even in US government circles, that the war on terror is counter-productive. Especially the wars in Iraq and Afghanistan, the torture in Abu Ghraib and the detentions in Guantanamo have produced a backlash and have increased rather than reduced the terror threat. The 2007 National Intelligence Estimate issued the following among its “key judgments”:

The Iraq conflict has become the “cause celebre” for jihadists, breeding a deep resentment of US involvement in the Muslim world and cultivating supporters for the global jihadist movement. (source)

The war on terror has created and exacerbated resentment, hatred of the West and anti-americanism. And with anti-americanism often comes hatred of democracy and freedom and Islamic radicalization. Apart from the removal of the Taliban in Afghanistan, there is no evidence that any of the strategies in the war on terror has done any good (source).

5. Misnomer

There is something fishy about the concept of a “war on terrorism”. This “war” is in fact no such thing. It is in essence crime prevention and law enforcement. There is no well-defined enemy. Anyone can at any time become an enemy. For this reason, there is no conceivable end to the war. And if you claim to wage a war on terrorism, you might as well claim to wage a war on carpet bombing. Both are tactics or strategies, not something you wage war against.

If you insist on calling anti-terrorist actions a war, then you give too much credit to the riffraff you’re opposing. Rather than deranged criminals they can call themselves soldiers. And soldiers defend something. You legitimize them. You turn a crime into a two-sided struggle in which each side defends its positions. This in turn leads to the view that the war on terror is a war of the West against the rest, bringing back images of colonialism, imperialism and the crusades, again legitimizing the terrorists, helping to consolidate their often internally opposed forces, and making them honorable in the eyes of ordinary citizens outside of the West.

I can understand that the concept of a “war on terrorism” is useful for the executives in the West, because an executive that is at war has more powers, less oversight, more popular support and less criticism, but it’s a meaningless and dangerous concept. Let’s give it up.

Limiting Free Speech (3): Hate Speech

Hate speech (or antilocution, or fighting words) is speech that incites other people to hate a certain group in society defined by common characteristics (race, gender, religion etc.). It usually also incites to commit violence and discrimination based on hatred.

The most famous case is that of the Danish Muhammad cartoons. These cartoons led to worldwide protest and expressions of anger and hate, not only against the cartoonists in question, their newspaper or their country, but against liberals and democrats in general.

However, hate speech is by no means an exclusively Muslim matter. It can be found everywhere where there is hate: it can be racist, anti-gay, islamophobe, etc. It can also be framed in anti-terrorist language: many western countries have initiated legislation outlawing hate speech that is part of Muslim mobilization of terrorists (in militant mosques for example).

Given the importance of freedom of expression, it is not universally accepted that hate speech can be legally prohibited. There is of course article 20 of the International Covenant on Civil and Political Rights which outlaws hate speech:

Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

However, contrary to hate crimes, such as attack on gays or muslims or writers/movie makers/cartoonists critical of Islam etc., the basic rule should be that speech as such is not a crime, even speech expressing or inciting hatred, violence or discrimination. Speech is protected by the right to free speech.

However, this right, like many human rights, is not absolute and can be limited when it endangers other human rights (like the right to life and bodily integrity, the right not to suffer discrimination etc.). The general defense of hateful speech has therefore some exceptions. It’s a thin line between hateful words and hateful actions. Impressionable people can be led to violent crimes by hate speech. Hate is taught. The example of the Muhammad cartoons protests is again telling in this respect. Many protesters were encouraged by some Muslim leaders to commit acts of violence.

But much depends on the circumstances, the context and the manner of speech. Islamophobia in front of a crowded mosque is obviously not the same thing as islamophobia in an obscure publication. Examples of speech, in the wider sense of the word, such as hanging a noose in a tree in the front yard of the house of an African-American family, or spraying graffiti on someone’s car or house, are more of a problem than posting a picture of a Koran in the toilet on a blog or a website. The first examples are clearly intimidation and can force people to sell their houses and move somewhere else. This has human rights implications (freedom of residence and property rights), which the latter examples don’t have (it’s difficult to argue that a photo of the Koran in a toilet, although undoubtedly an expression of hatred, harms anyone’s freedom of religion).

When speech has implications for the rights of some people, it is legitimate to consider limiting this speech, according to the rules set out in the introductory post of this series.

An important distinction here: all this is about hate, not about speech that is merely offensive, insulting, ridiculing etc. That’s the topic of another post. The distinction, however, can be blurred. What is hateful and what is merely offensive is a matter of personal conviction, it differs between groups and it changes over time. Some groups may be more sensitive than others. If one decides to legislate the matter, this can complicate things.

Moreover, what to someone can be seen as hate – for example homophobia – may be a central tenet of someone else’s religion and therefore protected by the freedom of religion. However, the freedom of religion is not absolute either.

And finally, some examples of speech that were once considered to be hateful – such as “nigger” – have been reclaimed by the groups that were previously targeted, and are sometimes even used as a badge of pride.

Another distinction: it is perhaps possible to imagine hate speech that is not directly or indirectly inciting violence and/or discrimination. Obviously, this kind of hate speech is less dangerous. However, like derogatory speech or offensive speech it does create a problem. It perpetuates negative stereotypes, devalues collective identities, deepens social cleavages and conflicts, makes it more difficult for the community to accept new identities, and it makes debate more difficult. So it makes it more difficult to create and uphold a tolerant, diverse society in which there can be civilized debate and discussion leading to better knowledge.

However, is this reason enough for a legal prohibition on hate speech? I don’t think so. Is it reason enough to combat hate speech with other means? Sure. The remedy for harmful speech is not necessarily prohibition but counter-speech, and sometimes it is best to just ignore some kinds of speech. Engaging the hate mongers, let alone prosecuting them, gives them legitimacy, publicity, and under-dog or victim status.

Religion and Human Rights (7): What is Religious Liberty?

Religious liberty or the freedom of religion and belief is a human right. It is the right to be protected against coercion in matters of religion, to be free to practice and profess a religion of your choice, in private as well as in public, to change your religion, or to practice no religion at all.

Legal rules on religious freedom

Article 18 of the Universal Declaration of Human Rights states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

This right is closely linked to the right to free expression and the right to free association.

The First Amendment of the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

It protects the freedom of religion in the US. It’s made up of two parts. The Establishment Clause prohibits the government from passing laws that will establish an official religion or preferring one religion over another. The courts have interpreted the establishment clause to accomplish the separation of church and state and have held that the clause extends to the executive and judicial branches as well.

The Free Exercise Clause prohibits the government from interfering with a person’s practice of his or her religion.

Importance of religious freedom

Religious liberty is an important value because it protects religious diversity and plurality and hence counteracts religious persecution and coercion. It makes a monopoly of one religion impossible – except when culture and demography are such that there is a de facto monopoly which is not contested – and it guarantees the coexistence of different and publicly competing beliefs. In this way, it also guarantees publicity, debate and diversity in general. If there is publicity, debate and diversity on the level of religion, then why not on other levels? On top of that, religious liberty guarantees tolerance: if people can be tolerant – or are forced to be tolerant – in the field of religion, then they will probably be tolerant in other fields as well.

This shows that religious liberty can be of interest to non-religious persons, not only because it protects them from the imposition of a religious belief, but also because it allows them to live in a world of tolerance, publicity ad diversity. Religious liberty is therefore an integral part of a democratic society and a system of human rights.

Problems with religious freedom

However, there is a downside to the concept of religious liberty. Anyone can call their personal insanity a religion in order to try to get government protection. There is no easy answer to the question of what is or is not a religion in the proper sense of the word, but it is obvious that any belief or practice which is part of a religion or claimed to be part of a religion, and which provokes violations of human rights, should not be protected under the right to freedom of religion. Every human right is limited and has to be balanced with other rights.

Freedom of religion is no exception. In particular, the right to absence of discrimination, although closely connected to religious liberty (one should not be treated badly as a consequence of one’s religion), can be a problem if everything can be labeled a religion and if every imaginable theological ideology can enjoy an absolute level of protection granted by the freedom of religion. The equal rights of women should be balanced with the right to practice a religion which provokes discrimination of women. Limiting one right for the sake of another is a normal practice in the field of human rights. This is even more evident in the case of terrorism based on religion.

Separation of state and religion

Religious liberty implies that the state (but not only the state) should not interfere with the religion of its citizens, should not favor or discriminate a particular religion or religions, and should not attach benefits or penalties to any religious affiliation or lack thereof. Religious liberty therefore limits the power of the state and creates a difference between state and society by granting some measure of religious independence to society.

However, religious liberty not only means that the state should avoid interfering in religious matters. It also means that the state should be absolutely neutral as regards religion. There has to be a separation between state and religion (but not necessarily between politics and religion) in the sense that there can be no official state religion. The state should not link itself to a particular religion but should stand above the plurality of different religions. One and the same person cannot be both head of state and head of a church (or an important functionary of a church).

Without this kind of neutrality, certain religions as well as atheists and agnostics will be worse off compared to the adherents of the official religion, if they are allowed to exist at all. Religious liberty means religious equality and the equal treatment of all religions. This equal treatment is impossible if there is some kind of link between the state and a particular religion. If adherence to one religion brings more advantages than adherence to another – and this can be the case when the former is an official state religion or is in any way favored by the state – then there is no real religious liberty. The choice for one religion rather than another will not be a free choice. Even if non-official religions are not actively persecuted or discriminated against, they are worse off when there is no separation between the state and religion because they have less means to influence the public as the official state religion. They are not as free as the official religion.

Another reason why religious liberty implies the separation between state and religion is the need for an impartial judge to mediate between different religions. If different religions are allowed to exist together, we need a non-religious law which regulates their coexistence. It is very unlikely that people adhering to one religion will accept laws which are inspired by another religion. The fact that a religiously neutral state with its religiously neutral laws allows many different religions to exist and to coexist, makes it acceptable to many people. A state which only allows one religion or favors one religion, will only be accepted by the adherents of that particular religion.

The historical fact that religious communities tend to become more and more intertwined within the borders of states, will enhance the attractiveness of this kind of state. A democracy is by definition such a neutral state, because a democracy respects human rights. Once you respect human rights, you also respect religious liberty, and religious liberty leads to religious neutrality on the part of the state.

Just as the state is kept out of religion, religion is kept out of the state. The claims of religion are restricted. A particular religion cannot claim to be the religion of the country in order to take possession of the state or the law and thereby achieve more power than other religions and impose itself on individuals. The state, for its part, is not allowed to prohibit, persecute, discriminate or impose a religion, and it should also avoid using a religion as a means to enhance its authority, as a kind of transcendent confirmation. If you stand close to something glorious, you may hope that something of the glory shines on you as well. You may even hope to become godly, which, historically, has been an enormous advantage to states in pre-modern times. The representative of God on earth is godly as well, and he who is godly is eternal and escapes contestation, which is of course anti-democratic. It is equally unacceptable for a state to use certain religious texts to justify or enforce authoritarian measures.

Separating state and religion may cause some problems. It will for example make it more difficult to universalize human rights. Many cultures, for example Muslim cultures, see this separation not as an advantage but as a problem because religion – unified religion, not the freedom of religion – is still very important in their societies and is considered to be the foundation of politics.

However, state neutrality in religious matters does not imply that democratic politics is necessarily a-religious or atheistic. A democracy executes the will of the people and not the will of God, but if the people believe that their will equals the will of God, then this does not pose a problem as long as the religious rights of the minority are respected and as long as the religion of the majority does not acquire unjustified privileges and does not become the official state religion.

Separation of politics and religion?

This already indicates that the separation of state and religion is not identical to the separation of politics and religion. Religion does not have to remain silent when it comes to politics. It can be a source of inspiration for politicians and it can enhance ethical consciousness and behavior. Therefore, it should not be excluded from politics. It is important to make the distinction between politics and the state. The fact that freedom of religion and the separation of state and religion do not imply the separation of religion and politics can make it easier to impose religious liberty and state neutrality. Religious people obviously and justifiably fear the separation of religion and politics.

The religious neutrality of the state does not necessarily lead to a religious neutrality of politics. A religion is not allowed to infiltrate the institutions of the state, otherwise it would acquire more power than other religions and therefore destroy religious liberty (a choice for a religion is not free if one religion has more power of persuasion than another). But a religion is allowed to try to convince a majority, at least as long as it respects human rights and the liberty of other religions.

Migration and Human Rights (6): Xenophobia

Xenophobia, the contempt or fear of strangers or foreign people, often people of a different race or ethnic group, is not considered to be a disease like other “phobias”. It is part of a political struggle against adversaries, much like racism is. (Whereas racism is certainly xenophobic, xenophobia doesn’t have to be racist; it can be directed against groups which are not racially different from the xenophobes).

Xenophobia often takes places within a society rather than between societies. A group present within a society is not considered a legitimate part of that society and has to be expelled or assimilated in order not to corrupt or damage the interests of the rest of society. Hence the link to ethnic cleansing or genocide.

Causes of xenophobia include:

  • Ethnically-based nationalism (e.g. xenophobia in the Balkan countries)
  • Migration, although xenophobia may be directed against a group which has been present for centuries, or against very small numbers of immigrants or foreigners (e.g. Japan in the 19th century)
  • Perceived threats to culture or national identity
  • Religious doctrine (e.g. the attitude of some Muslims towards unbelievers)
  • Perceptions of neocolonialism (e.g. present-day Zimbabwe)
  • Political imbalances (e.g. one group holding a disproportionate share of political power, e.g. anti-Tutsi xenophobia in Rwanda before and during the genocide)
  • Terrorism (e.g. anti-Muslim xenophobia following 9-11)
  • Competition for scarce resources
  • A mix of the above.

Terrorism and Human Rights (4): Habeas Corpus

Habeas Corpus, literally (from Latin) “(We command) that you have the body”. This is an important legal tool to defend oneself against arbitrary or unlawful arrest. Habeas Corpus is a legal action undertaken to seek relief from arbitrary or unlawful arrest, either by the person arrested him or herself, or by a representative. The court should then issue a writ (a writ is a formal written order issued by a court) ordering the custodian, i.e. the person or institution imprisoning a person, to bring this person to the court so that the court can determine whether the custodian has lawful authority to hold the person. If not, the person should be released from custody.

Any prisoner, in a well functioning judicial system, may petition the courts or individual judges for a writ of Habeas Corpus. (A petition is a request to an authority, more specifically in this case it is a legal pleading that initiates a case to be heard before a court. The purpose of a pleading is a correction or repair of some form of injustice, e.g. arbitrary arrest).

Habeas Corpus does not determine guilt or innocence, merely whether the person is legally imprisoned or not. It can also be a writ against a private individual detaining another, for example in slavery.

It has historically been and still remains today an important tool for safeguarding of individual freedom against arbitrary state action. Currently, the U.S. is trying to set very strict limits to the writ, limits previously unheard of in democratic societies. The current U.S. administration believes restrictions on Habeas Corpus are necessary in the war on terrorism.

Article 9 of the Universal Declaration of Human Rights states that “No one shall be subjected to arbitrary arrest, detention or exile”. One can therefore claim that the writ is an important means to make this right real.

Religion and Human Rights (2): God is Alive and Kicking; Mostly Kicking

This is a post on the logic of religious terrorism.Those who listen to the daily news, and that’s about all of us, know it very well: God is not dead, whether you like it or not. Many of the major news stories are about religious conflict: Islamic terrorism, Muhammad cartoons, the Pope insulting other religions…

It seems that God is directing world affairs, or at least the God in the minds of the numerous religiously inspired actors who initiate the world events that reach our news programs. In many cases, these events are violent and bloody. God is alive, and He’s kicking, of course not personally but through His representatives on earth. And of course He’s kicking the unbelievers or the believers of a rival God.

So it is not uncommon to hear complaints about the pernicious effects of religion. I want to argue that it is not religion as such which should be blamed for religiously inspired suffering, but the status of religious beliefs in the minds of those causing the suffering. There is an enormous difference between the action patterns of those who think that their religious beliefs are their personal opinions and those who think that their beliefs are exact images of the Truth.

Opinions are, by nature, non-despotic: they cannot be forced on you. The truth can. No one can escape the truth. The laws of physics for example have a despotic character. You have to accept them. Opinions can be accepted or rejected, depending on the force of the arguments for or against, on your personal disposition, your intellectual powers of understanding etc. Another characteristic of opinions is that they are part of a contradictory world of different opinions. An opinion exists only as long as its contrary also exists. If the latter ceases to exist, then the former becomes what we may call some form of truth, at least to the extent that we may give this label to an opinion that is the object of a worldwide consensus. The laws of physics for example have attained this level of consensus and therefore can be labeled truth rather than opinion. Religion obviously has not.

Truth implies consensus. Who dares to resist the truth? Only a fool or a moron. Truth eliminates debate because no one contradicts the truth. As long as someone who is neither a fool nor a moron contradicts the truth and gives good reasons for doing so, we have not yet attained the level of truth and remain in the world of opinion. This world is one of plurality and contradiction; the world of truth is one of uniformity. Only when everyone is convinced and no good reasons or arguments against are left can we claim to have something like the truth. Even when some opinions are predominant, they remain mere opinions as long as good arguments against are available, or, in other words, as long as contradictory opinions based on good arguments and not mere prejudices are available.

As everyone who expresses an opinion, I also would like to see my opinions elevated to the status of truth. But that depends on many things: the force of my arguments, the disposition of my readers etc. It is not a result that I can determine or even predict. If I would force this elevation on the condition that I would have the power to do so then I would not be acting democratically. Democratic politics does not take place in the world of truth or the world of uniformity and despotism. Opinions are the fabric of democracy.

Democracy is the game of different and contradictory opinions, some of which become temporarily predominant because they are backed by the better arguments or the arguments that can convince a majority, on the condition that we speak about a perfect democracy unhindered by manipulation. The predominant opinions then inform government policy, but non-predominant ones continue to exist and continue to make their case in an effort to become predominant themselves. If these other opinions no longer exist, then it is not opinion but truth that informs government policy. Which can and does happen, even in the case of perfectly democratic governments. But it is not typical of a democracy and not its essence. One can even say that the job of a democracy is finished when it happens.

For example, the fight against inflation is no longer an opinion. There are no longer good arguments for the opposite policy and everyone is convinced that it is a good policy. Hence, there is no democratic debate for or against the fight against inflation. The policies of all governments, including democracies, are inspired by this truth, but this has nothing to do with democracy. Democracy can only enter the stage when different actors present different and contradictory opinions, for example opinions regarding abortion. There is intense debate about this subject. The predominance and hence also government policy shifts from one side to the other and back again.

But what we see in the example of abortion and in many other examples in the field of religion, is that democracy does not only stop when an opinion is elevated to the level of truth. It also stops when contradictory opinions continue to exist but are no longer argued. Proponents and opponents of abortion have practically stopped to give reasons and arguments. They just throw citations from the Bible or general and vague claims of rights at one another. In fact, their opinions have not been elevated to the level of truth but have rather descended to the level of prejudices or feelings or beliefs. Democracy requires opinions, not something more or less. Opinions are based on arguments and reasons, not on evidence, proof, certainty, prejudices, feelings or beliefs. Democracy only has a function when there can be debate and there can only be debate when there are opinions, not when there is more or less, not when everything is either truth or belief. Of course, beliefs should not be excluded from democratic politics, just as truth should not be excluded. Beliefs can be a powerful force behind debates. They can inspire thinking and discussion, but they will never be the essence of democracy. If there is nothing more than beliefs, then there is no democracy.

So truth can enter democracy; democratic governments would be literally stupid not to allow this but it will never be its essence. When truth becomes the essence of politics, democracy dies. This can happen when people forget that what they believe is not an opinion but the truth, and this often happens in the case of religious beliefs. People become unable or unwilling to see that other, contradictory opinions based on good arguments continue to exist, and try to transform politics from a space of discussion into a machine for the application of the truth. Other opinions are suppressed and violence is used against people who hold them, because these other opinions are not recognized as valid opinions based on arguments. Instead, they are seen as mistakes or errors or even lies because they contradict the beliefs of those who believe to posses the truth. And who would not admit action against errors or lies?

This unwarranted renaming of opinions into truths and the subsequent actions against opinions that are not in fact errors or lies but real opinions based on sound arguments, not only destroys debate and democracy but destroys the very lives of many people. Politics becomes a tool to transform reality, to shape the world according to some theory or utopia considered to be the true teaching. Islamic fundamentalism is a typical example of this approach. The adherents of this ideology are convinced that they possess the truth and are unable or unwilling to recognize the views of others as valid opinions based on sound arguments. Everything outside of their worldview is false and needs to be corrected or destroyed.

If you see yourself as the carrier of truth rather than one who holds a particularly well argued opinion, then you have to suppress other views. You are morally obliged to act against mistakes and lies. Allowing someone to lie or to live a life of mistakes is immoral. This person is not someone who happens to hold another opinion based on arguments that according to you are less successful, and who has to be respected for this. He or she is clearly stupid or even of bad faith, and has to be re-educated in order to access the truth. Democratic argumentation and discussion will not help in these cases because argumentation requires a target that is either sensitive to good arguments and hence not stupid, or of good faith. And in any case, truth does not need arguments. It is self-evident and, if not, merely requires explanation. But explanation does not help either when the target is stupid or of bad faith. Force is then the only means left. This is the fatal logic that drives people who believe to be the holders of truth away from democracy and in the arms of tyranny and terrorism.

All this does not mean that democratic politics cannot or should not be based on strong beliefs. Participants must believe that their opinions are valid and that they have good reasons for believing in these opinions, and they can act according to these opinions. Democratic action can be inspired by beliefs and theory, and even should be if it wants to be intelligent and something more than pure activism. But it should never forget that others may be inspired differently and have sound reasons to follow other opinions. Action inspired by theory has to take place within the democratic game of competing opinions and should not replace this game by the effort to impose something that is mistaken for the truth and that is in fact merely one opinion in a setting of many competing opinions.

Terrorism and Human Rights (1): “The U.S. Coming Home!”

“The date is October the 1st, 2011, exactly 20 days after the worst terrorist attack in US history, an attack in which Muslim extremists used nuclear bombs to inflict heavy damage on 3 American cities, embarrassing the security forces who were on high alert on the 10th anniversary of 9-11.

Today, the whole world was listening to President Obama’s first policy speech after the events. The most shocking announcement was undoubtedly the decision to no longer deploy US troops abroad. The President defended this Coming Home decision by the failure of 10 years of military actions in Afghanistan, Iraq, Iran, Somalia, the Middle East, Nigeria and Indonesia to bring about more security for the American people. Evidence has shown that US involvement abroad, even peaceful and objectively beneficial involvement, rather than promoting US security, actually fosters hate, resentment and fanaticism. The objects of American involvement, even if this involvement means billions of dollars of aid, seem to think that it is fundamentally a ploy to imperialize them, a crusade to take away their identity, religion and wealth. Independence, national pride and Allah is what counts for them.

It has also become clear that the US was wrong to think in terms of frontlines in its war with Muslim terrorists. The strategy to try to attack the enemy in their homelands, the first frontline, rather than wait till they get on American soil, has proven to be ineffective militarily, and possibly even counter-effective psychologically: it has provided fuel for anti-crusader and anti-colonialist rhetoric, convincing ever more young Muslim martyrs and extremist Muslim regimes of the anti-Muslim and hence satanic nature of the Christian unbelievers.

Unlike an enemy army in a classical 20th century war, this enemy cannot be defeated by an overpowering military attack. The strongest military in the world cannot defeat a relatively small group of undoubting and unthinking amateurs ready to die with a makeshift bomb in their hands. With every amateur it kills it only produces more evidence of the presence of Satan on holy soil. Hence, the more it tries to root out the enemy, the more enemies it creates. The President therefore, wisely in our view, decided to shift focus from the attack to the defensive. Bringing our boys back home to defend the American border, effectively turning the army into a super coastguard and border patrol, should not be viewed as giving in to the enemy, a retreat or a Last Stand. That would only be a return to an inadequate and outdated military logic, useless given the kind of enemy we are dealing with.

Together with measures to prevent homegrown terrorism ’96 which, fortunately, has been a limited phenomenon until now ’96 a relentless border control should indeed be able to offer protection. The borders must, of course, include the entrances of airplanes and ships heading for the US. In order to be independent from foreign security services, the President has asked for legislation allowing only US aircraft and ship to enter the US. If economically necessary, the US will acquire a larger fleet. Anyway, unnecessary travel to the US will be discouraged.

The economic drawbacks of rigorous border controls will be countered by technological innovations funded by army budgets which become available when budgets for overseas operations start to diminish. The President also asked the citizens to prepare for the possibility of a certain number of years of economic depression. Energy supplies may also suffer as a consequence of the US drawback. Traditional allies will be disappointed by their abandonment. The loss of US military assistance will even endanger the existence of some regimes. Those which are also oil suppliers will resent the US and will disrupt the supply. The President is conscious of the economic impact this will have but asks the scientific community to tackle the problem of oil dependence. Existing alternatives, including nuclear energy, will be developed. Repatriated nuclear warheads, if not necessary for domestic security, will be recycled in the energy industry.

Some allies which are important for the US domestically, such as Israel, will not be abandoned without continued support. Military equipment not necessary for border control and security on US soil, will be handed over to them after they lose the protective umbrella of a US presence in their region. Financial assistance will continue to be possible.

Because US troops will no longer be stationed abroad, US expats can become easy targets for terrorists. The President therefore advises them to make plans to return home as soon as possible. The government will establish funds to incite people to come home and to compensate for damages they will incur. US multinationals will be legally forced to employ local people only for their foreign affiliates. The US government will immediately cease to employ its citizens in development projects in Africa and elsewhere. To alleviate the economic shock this will produce in developing countries, the US will double its funds for development aid for a period of 5 years. These funds, however, will be spend entirely by third parties. No US agencies will be active abroad. The US will also withdraw from NATO, the UN, and all other international institutions.”

More on terrorism.