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In early 2007, CSIS launched an expert task force to examine the growing involvement of the Department of Defense as a direct provider of “non-traditional” security assistance, concentrated in counterterrorism, capacity building, stabilization and reconstruction, and humanitarian relief. The task force set out to shed light on what drives this trend, including the new global threat environment; assess what was happening at the same time in the diplomatic and developmental realms; evaluate DOD performance in conducting its expanded missions; and consider the impact of the Pentagon’s enlarged role on broader U.S. national security, foreign policy and development interests. From the outset, the task force sought to generate concrete, practical recommendations to Congress and the White House on reforms and legislation that will create a better and more sustainable balance between military and civilian tools.

J. Stephen Morrison joined CSIS in early 2000. He directs the CSIS Africa Program, the CSIS Task Force on HIV/AIDS (begun in 2001) and most recently co-directed a CSIS Task Force on non-traditional U.S. security assistance. In his role as director of the Africa Program, he has conducted studies on the United States’ rising energy stakes in Africa, counter-terrorism, the stand-up of the U.S. Africa Command, and implications for U.S. foreign policy. In 2005–2006, he was co-director of the Council on Foreign Relations Independent Task Force on Africa, ‘Beyond Humanitarianism: A Strategic U.S. Approach Toward Africa.’ Immediately prior to that, he was executive secretary of the Africa Policy Advisory Panel, commissioned by the U.S. Congress and overseen by then–Secretary of State Colin Powell. From 2005 up to the present, he has directed multi-phase work on China’s expansive engagement in Africa. His work on HIV/AIDS and related global health issues has involved multiple missions to China, Russia, India, Vietnam and Africa, and most recently, a series of focused studies on the President’s Emergency Plan for AIDS Relief. He publishes widely, testifies often before Congress, and is a frequent commentator in major media on U.S. foreign policy, Africa, foreign assistance, and global public health. From 1996 through early 2000, Morrison served on the secretary of state’s policy planning staff, where he was responsible for African affairs and global foreign assistance issues. From 1993 to 1995, he conceptualized and launched USAID’s Office of Transition Initiatives, which operates in countries emerging from protracted internal conflict and misrule. From 1992 until mid-1993, he was the U.S. democracy and governance adviser in Ethiopia and Eritrea. In the period 1987 to 1991, he was senior staff member of the House Foreign Affairs Subcommittee on Africa. Morrison holds a Ph.D. in political science from the University of Wisconsin, has been an adjunct professor at the Johns Hopkins School of Advanced International Studies since 1994, and is a graduate magna cum laude of Yale College. He is a member of the Council on Foreign Relations and the International Institute for Strategic Studies.

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J. Stephen Morrison Executive Director Speaker HIV/AIDS Task Force and Director, Africa Program, Center for Strategic & International Studies
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Michael A. McFaul
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As the year draws to a close, write Michael A. McFaul and Abbas Milani in the Washington Post, it's important to note that the U.S. debate on Iran is stalled, trapped between "regime changers" vs. "arms controllers," "hawks" vs. "doves," and "idealists" vs. "realists." The National Intelligence Estimate released this month offers an opportunity to escape this straitjacketed debate by embracing a new strategy that would pursue both the short-term goal of arms control and the long-term goal of democracy in Iran.

Reprinted with permission from Washingtonpost.Newsweek Interactive Company and The Washington Post

As the year draws to a close, it's important to note that the U.S. debate on Iran is stalled, trapped between "regime changers" vs. "arms controllers," "hawks" vs. "doves," and "idealists" vs. "realists." The National Intelligence Estimate released this month offers an opportunity to escape this straitjacketed debate by embracing a new strategy that would pursue both the short-term goal of arms control and the long-term goal of democracy in Iran.

The NIE's "key judgment" that Iran suspended its nuclear weapons program has thrust the arms controllers onto center stage. Because the nuclear threat is no longer immediate, the arms controllers insist that the time is ripe for the United States to engage in direct diplomacy with Tehran as a way to change the regime's behavior, but not the regime itself -- specifically, to persuade the mullahs to suspend their nuclear enrichment program.

Those who profess to back regime change claim that the NIE changes nothing and that the United States should continue to use coercive power, potentially including military strikes, to counter Tehran.

Both sides have part of the strategy right, but on its own neither offers a long-term vision for dealing with Iran.

It is folly to assume that advocates of military strikes are in the same camp as those who advocate regime change. There is no better way to prolong the life of the autocratic regime in Tehran, to strengthen increasingly weakened radicals such as Iranian President Mahmoud Ahmadinejad, than bombing Iran. Thankfully, the NIE has made military strikes less likely.

But the estimate provides no evidence to suggest that Iran's regime has changed its ways to be more compatible with American national interests or the interests of the Iranian people. The regime continues to repress its own people; supports terrorist organizations that threaten Israel and destabilize the governments in Iraq, Lebanon and the Palestinian territories; and still has not suspended its enrichment program, the key aspect of developing a nuclear weapon. Iran's suspension of its military nuclear program in 2003 was a tactical response to revelations about the clandestine operation, not a fundamental shift in strategic thinking.

To presume, therefore, that the NIE gives the United States license to bargain with Iran over its enrichment program and forgo any pressure on the regime is also folly. Focusing solely on enrichment would play into the hands of the mullahs, who see how the NIE has weakened the coalition in support of serious sanctions. They have every incentive to stretch out any negotiations -- while continuing to develop their enrichment program. Days after the NIE was made public, Ahmadinejad announced that Iran plans to have a cascade of 50,000 centrifuges, surely enough to make highly enriched uranium. American diplomatic tools to alter this behavior are extremely weak. Moreover, this strategy gives Iran a free pass on its support for terrorism and human rights abuses.

The United States and its allies must develop an Iran strategy that establishes both short- and long-term goals. Specifically, the United States must recommit to a policy of encouraging democratization inside Iran, because only a democratic regime will stop supporting terrorist groups abroad and repression at home. A democratic Iran is also less likely to restart a nuclear weapons program, especially if the United States and a new Iranian regime establish close military ties, a likely outcome.

Although counterintuitive to some, diplomatic engagement is required to pursue the long-term goal of democratization and, in parallel, the short-term goal of arms control. The first American offer of direct talks should include everything: the prospect of formal diplomatic relations and the lifting of sanctions; the potential supply and disposal of nuclear fuel (from a third-party organization or state); suspension of nuclear enrichment; an end to aid to Hezbollah and Hamas; and a serious discussion about stopping the arrests of students and human rights advocates and the persecution of union leaders and religious minorities. Discussion of new security institutions in the region should also be on the table. America's experience dealing with the Soviet Union during the Cold War demonstrates that we can engage a despotic regime without compromising our commitment to democracy and human rights.

Greater contact between Iranian and American societies will further undermine the regime's legitimacy, strengthen the independence of Iranian economic and political groups, and perhaps even compel some regime leaders to cash out and exchange their diminishing political power for enduring property rights. Over the past four decades, autocratic regimes have rarely crumbled as a result of isolation but more often have collapsed when seeking to engage with the West. Even the collapse of the Soviet Union occurred not when tensions between Moscow and Washington were high but during a period of engagement.

Will Iran follow a similar path? We will never know if we do not try. Of course, the mullahs might reject our overtures, but their refusal would embolden the opposition inside Iran. And a serious attempt to engage the Islamic republic now would strengthen the American case for more coercive diplomatic and economic pressure, should they be necessary in the future.

Michael McFaul is a professor of political science at Stanford University. Abbas Milani is director of the Iranian studies program at Stanford. Both are fellows at the Hoover Institution.

Copyright Washingtonpost.Newsweek Interactive and The Washington Post. All rights Reserved.

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Visiting Scholar (Uzbekistan) 2007-2009
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Nozima Kamalova, a human rights defender and lawyer, is the director of the Public Defense Office of the Tashkent Board of Lawyers and the founding chair of the Legal Aid Society of Uzbekistan, a nongovernmental organization that works with international human rights organizations, including Human Rights Watch and Amnesty International, to safeguard and promote the rule of law. Kamalova has been instrumental in the revision of several Uzbek laws related to torture and human rights, and her lobbying activities have influenced much policy and legislation adopted both internationally and in Uzbekistan. She has served as a chief consultant to agencies of the United Nations, and in since 2002, she submitted a number of alternative reports to the United Nation's Committees on human rights violations and concerning the use of torture in her country.

In 2005, Kamalova was awarded the Chevening Fellowship by the United Kingdom's Foreign and Commonwealth Office. In 2003, she completed an advanced course on human rights in Poland at the Helsinki Foundation for Human Rights, and in 1999, she was an International Research and Exchanges Board (IREX) Fellow. She holds a diploma with highest honors in law from Tashkent State University.

During her fellowship at CDDRL (2007-09), Kamalova continued her research on how Western antiterrorism policies limit civil liberties and freedoms in less-developed, transitional countries. She studied the impact of the war against terrorism on authoritarian countries, with Uzbekistan as an example, and will develop recommendations for legislation and practice.

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The threat of the use of weapons of mass destruction by terrorist groups is perhaps the gravest threat confronting the international security system. In 2004, the United Nations Security Council, acting under Chapter VII, adopted Security Council Resolution 1540 (UNSCR 1540). UNSCR 1540 calls on UN member states to enact legislation and to take effective measures to prevent non-state actors, and terrorist groups in particular, from obtaining weapons of mass destruction. UNSCR 1540 also obligated states to report on measures they have taken to fulfill the substantive requirements of the resolution. In addition, UNSCR 1540 established an ad hoc committee ("the 1540 Committee") to receive states' reports and in turn to report to the Security Council on implementation of the resolution. In 2006, the 1540 Committee's initial two-year mandate was renewed for another two years.

UNSCR 1540, as administered by the 1540 Committee, has largely been effective in encouraging states to provide detailed descriptions of the domestic legal authorities and administrative structures they have in place to address the threat of WMD proliferation. Additional progress can and should be made by the Security Council and the 1540 Committee, however, to ensure that the maximum nonproliferation and security benefits that might be produced by UNSCR 1540 are achieved. Our recommendations address implementation, adaptation, international cooperation and assistance, information sharing and assessment, and organizational implications.

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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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Michael A. McFaul
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All countries have the right to defend their people from terrorists. Russia is no exception. The Russian military campaign in Chechnya, however, has moved well beyond the earlier limited objective of combating terrorism. The new strategy and the means being deployed to execute this strategy suggest a new ulterior motive - Prime Minister Vladimir Putin's presidential election campaign.

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On September 11, 2001, Russian president Vladimir Putin was the first world leader to speak with President Bush. He offered his unwavering support to combat our common enemy, terrorism. That same day, I received dozens of calls and e-mails from friends in Russia expressing support for my country. This outpouring of support from Russia has convinced me that Russians and Americans share common values and have the potential to be part of one international community. What unites us is much more important than what divides us. Polls that I conducted with Harvard professor Timothy Colton last year provide hard data to support my emotional, unscientific reading of Russian attitudes toward the dreadful September day. Our surveys show that two-thirds of the Russian people embrace democratic ideals and practices.

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The improvement in Russian-American relations is one of the few positive factors in the muddled picture of international relations today. Russian President Vladimir Putin's support for the American struggle against international terrorism has elevated communications between two former enemies to a new level. The upcoming November summit will be yet another sign of this. Politicians on either sides of the ocean are even calling the US and Russia "allies." Noting the decisiveness with which President Putin supports the US and Washington's extremely positive reaction to this, many Russian politicians and public figures have began speaking openly of Russia's entry into Western organizations and unions. Membership in the World Trade Organization is discussed in Moscow as an obvious reward Russia should receive for supporting American military actions; entry into the European Union is brought up as a relatively near goal, and so forth. The hopes are great, but do they reflect reality? Inflated expectations and skewed assessments of the speed and character of Russia's integration into the West are dangerous.

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Michael A. McFaul - President Bush is poised to have a terrific trip on his first visit to Russia. He will sign an agreement with President Vladimir Putin that will eliminate thousands of nuclear weapons. He and Mr. Putin will celebrate a new, closer relationship between the North Atlantic Treaty Organization and Russia, paving the way for an uneventful expansion of the alliance this fall. Mr. Bush will proclaim Russia a market economy and urge Russian integration into the West. Finally, Mr. Bush and Mr. Putin will make joint statements about their shared commitment to the war on terrorism.
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