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CONTENTS:

NEWS HIGHLIGHTS OF THE WEEK:

1. World
2. Africa
3. Americas
4. Asia Pacific
5. Europe
6. Middle East
7. South Asia
8. Cyberterrorism and Information Warfare
9. Finance
10 Human Rights
11. Law and Legal Issues
12.Transporation
13. Weapons of Mass Destruction
14. Recently Published

FEATURE ARTICLE:
International Terrorism: Legal Challenges and Responses

NEWS HIGHLIGHTS OF THE WEEK

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1. World

The UN Security Council discussed "Threats to international peace and security caused by terrorist acts". See the archived video of the discussion at
http://www.un.org/webcast/sc031016b.ram

The Organization of the Islamic Conference (OIC) met October 11-18. The closing Putrajaya Declaration notes their concern the position of Islamic countries in the contemporary world and the need to work together with "infrastructure development, trade linkages and networking". They "recognise the need for the Islamic world to enhance its engagement and interaction with other cultures and civilizations, including the West, and to take the initiative to promote constructive dialogue and mutual understanding with them, particularly in the context of the global efforts against international terrorism".
http://www.oic-oci.org/
Also note regional press coverage at http://news.bbc.co.uk/2/hi/middle_east/3204796.stm

The stalemate over North Korea's nuclear program continues. North Korea has suggested it may test a nuclear bomb. US President Bush is discussing this, as well as other security issues, on his current Asian trip.

The UN Security Council unanimously voted in favor of a new resolution urging member states to contribute to a multinational force to maintain security under a unified command until establishment of a representative government that would signal expiration of the mandate. It also called on the Coalition Provisional Authority (CPA) to return governing authority to Iraqis "as soon as practicable" and that the Iraqi Governing Council should, by December 15, provide a timetable for a new constitution and elections.

This international victory for the US is not expected to generate significant contributions of people or funds, a message not lost on a congress that is increasingly rebellious against current policy in Iraq. More troubling are continued security problems and a commensurate deterioration in the morale of the troops. Pentagon-funded Stars and Stripes newspaper is running a 7-day series "Ground Truth" that looks at what life is like for those serving in Iraq: http://www.estripes.com/section.asp?section=104

The current issue of medical journal The Lancet has excellent coverage of health and medicine in Iraq 6 months after Saddam. It includes Richard Garfields's "Challenges to health service development in Iraq", Cordner and Coupland on "Missing people and mass graves in Iraq", and Amin and Khoshnaw on "Medical education and training in Iraq". An accompanying editorial begins with a quotation from a Baghdad physician, "Before we had security but no freedom. Now we have freedom, but no security. What we need is both." http://www.thelancet.com/journal/vol362/iss9392/health_and_human_rights
http://www.thelancet.com/journal/vol362/iss9392/full/llan.362.9392.editorial_and_review.27502.1

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2. Africa

Angola's 27-year war in Cabinda is featured in an IRIN Web Special at http://www.irinnews.org/report.asp?ReportID=37207. It cites a report "Terror in Cabinda" that includes 20 pages of testimony http://www.cabinda.net/terrorincabinda.htm
(in Portuguese)

Burundi celebrated the power sharing agreement between the transitional government and the largest rebel group, Forces for the Defense of Democracy (FDD). But political actors outside this accord raise fears that the agreement may not succeed in bringing peace. Members of the National Liberation Forces (FNL) attacked a suburb of Bujumbura, forcing 10,000 people to flee and Charles Mukasi of the UPRONA party was placed under house arrest for alleged incitement.

Central African Republic's national reconciliation talks ended successfully with a plan to move forward. CAR leader Francois Bozize, who took power in a Mach coup, has instructed his ministers to provide agricultural tools to war-affected farmers.

In Democratic Republic of Congo, international peacekeepers continue to arrive and spread out to more war-torn regions, but it will be some time yet before the full force is deployed. President Kabila has ordered remnants of the former Rwandan army (Ex-FAR) and Hutu militia (Interahamwe) to disarm and return home.

Ethiopia has warned that urgent action is needed to forestall a new war. Ethiopia has refused to accept the ruling of the international border commission that put the town of Badme in Eritrea. Eritrea has responded with similar language and the peace process is under severe stress.

Pro-government demonstrations in Ivory Coast turned violent, leading to a 3-month ban and also disbanded a violent anti-rebel youth group. The country remains divided between government- and rebel-held regions, with the peace process at a standstill.

Kenya responded to reports of corruption by suspending half of the most senior judges while allegations are being investigated.

Liberia's head of the new transitional government, Gyude Bryant, has been sworn in and attracted immediate kudos when he abolished a much hated requirement for an exit visa before leaving the country.

In Republic of Congo, a gunfight between the army and Ninja militiamen killed at least 13. The incident was deemed banditry.

Somalia peace talks continue amid sporadic violence. Rival factions of the Rahanweyn Resistance Army (RRA) fought in a southwestern town, forcing hundreds to flee.

Sudan's peace negotiations are deadlocked over issues of sharing of power and wealth and over the disputed Southern Blue Nile, Abyei and Nuba mountains, but discussions are proceeding in a cordial and positive atmosphere, determined to end a 20-year war that has killed 2 million people.

Swaziland is expecting a low turnout for parliamentary elections. Political parties are banned and King Mswati III retains absolute monarchical rights.

Zimbabwe's inflation rate now approaches 500% and the food situation is very poor. The government has admitted that the land reform program is going badly. They had reported giving land seized from white farmers to 300,000 blacks but it now emerges that only 127,182 have been resettled. http://www.fingaz.co.zw/fingaz/2003/October/October16/1471.shtml

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3. Americas

Bolivian President Gonzalo Sanchez de Lozada has resigned following a month of violent protests that have left more than 60 dead. His vice-president, Carlos Mesa, has been inaugurated, promising early elections and help for the indigenous population. The violence was sparked by plans to export natural gas.

Colombian rebel leader Manual Marulanda ("Tirofijo, "Sure-shot") of the Revolutionary Armed Forces of Colombia (FARC) has written an open letter to the army calling for a meeting to discuss ways to end to civil war.

In the US naval base at Guantanamo Bay, Cuba, a security review is underway after a number of breaches were detected, leading to several arrests. New policies for selecting Muslim chaplains, including background checks that were not previously used, will be implemented.

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4. Asia Pacific

The Asia-Pacific Economic Cooperation (APEC) meeting is underway. Members will focus on economic development and trade but US President Bush, including the APEC meeting in his brief tour of Asia, insists on putting terrorism first. http://www.apecsec.org.sg/

China has become the third nation to launch a manned spacecraft.

East Timor has taken control of its border from UN peacekeepers. They will begin maritime border negotiations with Australia soon, with control of oil and gas fields at stake.

Indonesia's economy was more adversely affected than previously though by the Bali bombings. A new report by the World Bank, UN, and USAID found an average drop in income of 43 percent and warn that the island may never return to its pre-bombing prosperity.

In the Philippines, Jemaah Islamiah bombmaker Fathur Roham Al-Ghozi was shot dead in a battle with police. He had escaped from jail three months ago.

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5. Europe

Azerbaijan's presidential election was marred by widespread voter intimidation and ballot rigging that led to both the election of the incumbent's son, Ilham Aliyev, and to violent protests. Police attacked opposition supporters at a protest rally, killing a doctor and a child.

Former Bosnian President Alija Izetbegavoc, who led Bosnian Muslims during the 1992-5 war, has died. Although accused of ties with Islamic militants, he was never indicted for war crimes.

Kosovo and Serbia held initial talks, the first since the war in 1999. So far they have shown the depth of persisting divisions. See Stefan Wagstyl's "The Kosovo question: why 'the last spot of danger in the heart of Europe' holds the key to the Balkans' future" Financial Times, October 14.

The Turkish ministry in Iraq was attacked by a suicide bomber. Although unable to breach the perimeter, the car bomb wounded several people. Turkey has said that if there is Iraqi opposition to Turkish troops, they will not deploy.

British officials report that the weapons trade in the UK largely comes from the Continuity IRA, a renegade republican group, that is said to be trading arms for drugs with criminal gangs in the north of England.

Political leaders associated with Northern Ireland continue negotiations leading to the restoration of a power-sharing government. Agreement among the British, Irish and local parties is apparently close, and may be reached by mid-week, in time to hold elections this year.

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6. Middle East
A new Middle East peace plan, the "Geneva Accord", has been drawn up by Israeli opposition politicians, Palestinian officials, intellectuals and experienced negotiators. It calls for a 2-state solution with concrete steps in which Palestinians would give up the right of return in exchange for a new state with sovereignty over Haram al-Sharif (Temple Mount). The plan, in the making for more than two years, shows there are other ways out of the violent morass.

The UN Security Council spent a day discussing Israel's security wall and its annexation of occupied land. For the debate, see http://www.un.org/News/Press/docs/2003/sc7895.doc.htm The US vetoed a resolution condemning the barrier.

In Gaza, Israeli forces ended the first stage of their operation to uncover tunnels used to smuggle arms. They found three tunnels, none with arms, destroyed more than 120 houses, and left some 1,500 people homeless. Eight Palestinians, including two children, were killed.

A roadside bomb in the Gaza Strip killed three US diplomats travelling in their convoy. Responsibility is unverified but dissident Palestinian militants, possibly the People's Resistance Committee, are suspected. Around seven suspects have been detained. At the end of the week, clashes between Israeli troops and Palestinian militants killed four, including a senior Hamas member, a female bystander and a teenager.

Iran is negotiating with International Atomic Energy Agency (IAEA) officials to finalize agreement on an additional nuclear inspections regime. Iran has requested assistance from France, Germany and the UK to help with the negotiations.

Scott Peterson's "The rise and fall of Ansar al-Islam" interviews former members of the group, officials and intelligence to reveal a complex picture of the militant group operating in northern Iraq. Read it in The Christian Science Monitor of October 16.
http://www.csmonitor.com/2003/1016/p12s01-woiq.html

Israel has ordered 15 Palestinian detainees in the West Bank be expelled to the Gaza Strip.

Saudi Arabia has announced its first elections, for local councils, within a year.

West Bank gunmen ambushed an Israeli car near a Jewish settlement, killing three and injuring one.

Yemen has arrested five suspected al Qaeda members.

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7. South Asia

In Afghanistan, clashes between government forces and Taleban fighters continued. Facing this growing insecurity, the UN Security Council unanimously adopted a resolution for NATO-led peacekeepers to operate outside of Kabul, beginning with German troops in the north. The ceasefire between northern warlords has held and a disarmament program across the country is underway.

Indian officials have expressed their pleasure at the US designating Dawood Ibrahim, a Most Wanted crime lord, as a global terrorist.

Indian police were deployed to guard a tea estate in Assam after separatist rebels tried to extort large sums of money.

In the northern Indian state of Gujarat, thousands of Hindu activists planned a march at Ayodhya, the disputed site of an ancient mosque, demanding construction of a Hindu temple. Under tight security and some violent clashes, some 4,000 people were arrested, including a nationalist leader who was later released. When the mosque was torn down in 1992, subsequent rioting killed more than 2,000, mostly Muslims.

In Tripura state in northeast India four paramilitaries were killed by a landmine. Responsibility is unknown.

In Indian-administered Kashmir, a grenade attack near the chief minister's home killed two soldiers and four others. Militants from three groups, Al Nasirin, Farzandan-e-Milat and Al Mansurian, took responsibility. Police tracked down the suspects and in a gun battle killed two.

Violence in Nepal has broken out in force. Last weekend, more than 90 died. On Monday, clashes killed 15 rebels and 12 police. On Tuesday, rebels raiding a school killed as many as four students; 15 rebels were killed. Clashes continued during the week. There have also been kidnappings and an attack against a tourist resort.

Pakistan continued its crackdown against al Qaeda. They are investigating whether Habis Abdullah al-Saoub "Samarkand" is one of the dead.

Sri Lanka's peace talks are unlikely to resume before next year.

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8. Cyberterrorism and Information Warfare

Aaron Caffrey's trial for hacking into Texas' Port of Houston in September 2001 has ended in a not guilty verdict. His defense was that the distributed denial of service launched against the port had been delivered through a Trojan program without his knowledge and that it was activated when he opened a file. He claimed it was impossible that the experts had tested every file on his computer and that in any case the Trojan could have a built-in self-destruct function. This decision is considered a setback that could have a negative impact on future cases. http://news.bbc.co.uk/2/hi/technology/3202116.stm

Microsoft, following the announcement of monthly patch releases, has issued patches of five critical and two lesser vulnerabilities.

Mi2g has published a report suggesting that viruses are migrating to "Distributed Intelligent Malware Agents (DIMA)". DIMAs will be able to infect multiple platforms, act remotely, operate across pervasive devices, coordinate multiple attacks, act modularly and target specific weaknesses, be aware of systems and strike at the optimal time, and carry out thefts of data and identity. http://www.mi2g.com

The US General Accounting Office finds improvements but some remaining weaknesses in the procedures for issuing social security numbers to non-citizens. http://www.gao.gov/cgi-bin/getrpt?GAO-04-12

For a humorous look at odd computer mishaps, see the BBC collection at
http://news.bbc.co.uk/2/hi/technology/3193366.stm

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9. Finance

The US Treasury has designated India's most wanted criminal, Dawood Ibrahim, as a Specially Designated Terrorist under Executive Order 13224. He is alleged to be involved in large-scale drugs smuggling used to finance organizations including al Qaeda and Lashkar-e-Tayyiba and for inciting riots, acts of terrorism and civil disobedience including the 1993 Bombay Exchange bombings.
http://www.treas.gov/press/releases/reports/fact_sheet.pdf

FATF have updated anti-terrorism standards, including recommendations on freezing and confiscating assets.
http://www1.oecd.org/fatf/pdf/PR-20031003_en.pdf
http://www1.oecd.org/fatf/pdf/SR3-BPP_en.pdf
http://www1.oecd.org/fatf/pdf/INSR3_en.pdf

The UN sanctions committee on al Qaeda and the Taliban have found their money laundering techniques are increasingly sophisticated and are linked to drug trafficking. An unofficial transcript of the press briefing is at http://www.un.org/News/dh/latest/afghan/munoz-prsbrief-14oct2003.htm

The US Treasury's Office of Foreign Assets Control has designated 39 businesses acting as fronts for the Cali drug cartel and 95 associated individuals as Specially Designated Narcotic Traffickers. The Colombian drug cartels have been closely associated with terrorist financing of both leftist militant and rightist paramilitary forces.
http://www.treas.gov/press/releases/is915.htm

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10. Human Rights

October 17 was marked as the tenth annual International Day for the Eradication of Poverty. Despite a decade of work, there are 1.2 billion people trying to survive on less than $1 a day and 24,000 people, mostly children, die every day as the result of diseases of poverty. http://www.un.org/esa/socdev/poverty/poverty_link3.htm

The South African Nama tribe has won the right to claim their diamond-rich lands. The goat herders were evicted in the 1920s under racist colonial laws. Restitution has yet to be determined.

The UK Human Rights Act received its first definitive judicial ruling related to requirements for public bodies to provide benefits. Three asylum cases were brought to the court in connection with alleged breach of the European convention of human rights. The cases were paid for from public funds whose costs exceeded the potential amounts of any damages. The court laid out guidelines to avoid such excesses by following internal complaint and ombudsman solutions before going to court.

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11. Law and Legal Issues

Mohammed Hanif Ayub and Mohammed Imran, already sentenced to death for a consulate bombing, have been found guilty of planning to assassinate Pakistani President Musharraf and sentenced to ten years in prison. A third member of Harkat-ul-Jihad al-Alami was also sentenced to ten years and two others were acquitted.

Muthysamy Dharmalingam and Krishnasamy Ramachandra were sentenced to death by Sri Lankan court for using a truck bomb to blow up the Temple of the Tooth in January 1998. A third accused was sentenced in absentia to 20 years and a fourth was acquitted.

Jeffrey Leon Battle and Patrice Lumumba Ford pleaded guilty to one count of conspiracy in Portland Oregon US court. Accused of being members of a terrorist cell and planning to fight with the Taliban, all other charges have been dropped. They are last of the "Portland Seven" to reach agreements with prosecutors. None of the six accused went to trial.

Hutumo Pamungkas "Mubarok" was sentenced by Indonesian court to life in prison for his role in helping plan the Bali bombings.

Blagoje Simic was found guilty of crimes against humanity by the International Criminal Tribunal for the former Yugoslavia in connection with actions taken against Muslims and Croats in northern Bosnia in the early 1990s. He was sentenced to 17 years in prison. Miroslav Tadic, also found guilty, was sentenced to eight years. Simo Zaric was sentenced to six years.

James Yee faces military charges of mishandling classified materials. The Muslim Army chaplain is accused of taking classified materials from Guantanamo Bay.

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12. Transportation

A national alert was triggered in the US when collections of suspicious items including box cutters and bleach were found aboard two planes. A student is being questioned. He had previously warned the Transportation Security Administration (TSA) of this apparent private security exercise.

In testimony to Congress, TSA administrator James Loy reported that hijackings and explosives on board planes are a greater danger than shoulder-fired missiles.
http://www.house.gov/transportation//aviation/10-16-03/10-16-03memo.html

The Italian Transport Ministry also details security breaches including fake bombs during their regular undercover investigations.

The US federal commission investigating the September 11 attacks has issued subpoenas to the Federal Aviation Administration to obtain documents that had previously been withheld, including tapes, statements, assessments and so on.

Aaron Caffrey has been found not guilty of hacking into Texas' Port of Houston in September 2001. (See Cyberterrorism, above.) The attack had caused serious disruption at the port.

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13. Weapons of Mass Destruction

The British government has dropped an export control provision that would have regulated UK arms brokers doing business overseas.

The US General Accounting Office (GAO) has issued a report of the "Public Health Response to Anthrax Incidents of 2001". It identifies three lessons: "the benefits of planning and experience; the importance of effective communications, both among responders and with the general public' and the importance of a strong public health infrastructure to serve as the foundation for responses to bioterrorism or other public health emergencies". http://www.gao.gov/cgi-bin/getrpt?GAO-04-152

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14. Recently Published

Richard Bourke, "Peace in Ireland: The War of Ideas" Pimlico

Midge Decter "Rumsfeld" RegenBooks

Victor Davis Hanson, "Ripples of Battle: How Wars of the Past Still Determine How We Live and How We Think" Doubleday

David Hirst "The Gun and the Olive Branch" The Roots of Violence in the Middle East" Thunder's Mouth/Nation

John Keay "Sowing the Wind: The Seeds of Conflict in the Middle East" Norton

Elinor Langer "A Hundred Little Hitlers" Metropolitan

Robert Suettinger "Beyond Tiananmen: The Politics of US-China Relations 1989-2000" Brookings Institution Press

Ross Terrill "The New Chinese Empire and What it Means for the United States" Basic Books

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FEATURE ARTICLE: Legal Challenges and Responses

The International Bar Association's Task Force on International has released a groundbreaking report that analyzes the ad hoc responses to terrorism by countries around the world following the September 11 attacks against the US.

The Task Force was made up of leading experts from Africa, America, Asia, Europe and the Middle East. They used their knowledge of different cultures and legal practices to inform the study and find that a multinational response to terrorism is both possible and desirable.

The report begins with an introduction to the challenges of modern terrorism that includes five key findings:

The use of force as a response to terrorism is the next topic. The Task Force points out that "Acts of terrorism are commonly defined as criminal and are dealt with through mechanisms of law enforcement. In limited situations, a state may seek to exercise military force in the face of terrorism". They go on to investigate responses to armed attacks by other states, self-defense and pre-emptive strikes, acts imputable to a state, and non-state actors. After evaluating these situations, they recommend that "Any act of self-defence must conform to the legal requirements of the United Nations Charter". They further find that "A searching debate about the lawful contingencies for self-defence in an environment of international terrorism is urgent and the Task Force recommends that it be undertaken in the United Nations as well as in the college of international lawyers."

Next, the Task Force discussed overall trends in anti-terrorist measures taken after September 11. They consider the UN, regional organizations, and individual states, reviewing where current legislation has been deemed sufficient and where new legislation has been introduced. This is a particularly interesting overview, and is supplemented by additional references to the laws so the reader can obtain additional details. The report recommends that the UN Security Council and Counter Terrorism Committee should consider whether state measures taken in connection with Resolution 1373 are meet international human rights standards and are consistent with human rights obligations. They emphasize that "States should not use the fight against terrorism as a pretext to adopt measures which unlawfully restrict the rights to freedom of expression, religion, opinion and belief, nor the rights of minorities".

This introduces the next chapter on upholding human rights and civil liberties in the fight against terrorism. Permissible restrictions on human rights for national security and in times of emergency are detailed, terrorist offenses and organizations defined, and issues around information gathering and sharing detailed. Issues of law enforcement, detention, fair trials, and asylum are also included, emphasizing the grave consequences of failure to apply appropriate international law. In particular they recommend that POW status is determined, without exception, in accordance with Article 4 of the Third Geneva Convention, that All detainees must have the right to challenge their detention before an independent court or tribunal" and that "Treatment in detention must comply with the fundamental standards".

Reflecting the complexity of the problem, terrorist financing gets its own chapter, recommending consistent and universally enforced measures to combat terrorist financing globally. To support this, states without sufficient internal resources should be given outside support, including financial and governance assistance. Information sharing should be improved, in the context of an international regulatory framework. Crucially, "The system of asset seizure must be placed within a more regulated framework, in particular to ensure transparency and protect due process guarantees".

Additional information on international cooperation is provided next, with an excellent review of existing modalities and an explanation of "aut dedere aut judicare" -- to prosecute or extradite. The analysis of the efficacy of present efforts leads to recommendations to recognize aut dedere aut judicare across the international community and to develop international standards "for effective and good faith prosecution and extradition". It further suggests the need for a model international code, national legislation on international cooperation, and "Adopting a multilateral convention on cooperation between law enforcement and intelligence agencies setting forth the means, methods, and limitations of such cooperation, including the protection of fundamental human rights and the right to privacy."

Where such prosecutions are undertaken is described next. It reviews domestic courts, national courts constituted in another state (such as the Lockerbie trial), military tribunals, coalition treaty-based tribunals, the International Court of Justice, ad hoc international tribunals (such as those for Rwanda and the former Yugoslavia), and then goes into detail about the International Criminal Court. It ends with a discussion of types of crimes covered by these forums and recommends

Additional Resources: