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Date: Dec 18, 2015
Source: The Daily Star
Before fighting ‘terrorism,’ define it
John V. Whitbeck 

The Western world has reacted to the “terrorist” shooting spree in Paris with near-hysteria, immediately intensifying its own lethal violence in the Middle East.

Israel is branding as a wave of “terrorism” the continuing suicidal attacks by hope-deprived Palestinian children armed only with knives and scissors.

In the new “peace process” for Syria, Jordan has accepted the thankless task of deciding which of the many armed groups in Syria are “terrorists” and, as such, are to be excluded from the process and bombed.

And Americans were fiercely debating whether the latest in a long line of domestic gun rampages, carried out by a Muslim married couple, deserved to be deemed an act of “terrorism,” until President Barack Obama so labeled it during a nationally televised speech recently.

In this context, it may be enlightening to recall the last international effort to define this indefinable word. At the United Nation’s 60th anniversary summit in September 2005, the 191 member states tried but failed to agree on a convention defining the word “terrorism.” Some commentators actually sounded surprised, even saying that there had been a failure “even” to agree on a definition. No one should have been surprised.

The definition being proposed by then U.N. Secretary-General Kofi Annan would have defined “terrorism” as “any action intended to cause death or serious bodily harm to civilians or non-combatants, when the purpose of such an act, by its nature or context, is to intimidate a population or to compel a government or an international organization to carry out or to abstain from any act.”

A fair and reasonable definition, surely. Read it again. Think about it. What are the odds that the United States would ever have permitted “terrorism” to be so defined?

For starters, if this proposed definition had been accepted and if George W. Bush and Tony Blair were correct in their repeated assertions that the motivations behind the 9/11 attacks and the 2005 London bombings were “because they hate our freedoms,” or some other form of blind, mindless malevolence or sick desire to kill innocent people for the sake of it, then the term “terrorism” could not properly be applied to these events. To make the label fit, Bush and Blair would have had to admit that the motivations were fundamentally political – to intimidate their populations or governments into carrying out major changes in their Middle East policies.

Furthermore, this proposed definition was not limited to acts by “non-state actors.” It would have applied not only to the low-technology violence of the weak but also to the high-technology violence of the strong, which has always been vastly more destructive and deadly.

If this proposed definition had been accepted, the attacks on the U.S. Marine barracks in Beirut and the Khobar Towers in 1983 and 1996 respectively, and on the USS Cole in Aden harbor in 2000, as well as any and all attacks against American and Israeli military forces in Afghanistan, Iraq, Palestine or elsewhere, would clearly not constitute acts of “terrorism.” On the other hand, the dropping of atomic bombs on Hiroshima and Nagasaki would clearly have constituted “terrorism” on a massive scale. Indeed, in the 21st century, the American and Israeli governments would have been – and would still be – among the world’s leading practitioners of “terrorism.”

If this proposed definition had been accepted, even the U.N. itself would have spent the 12 years between the two wars against Iraq qualifying as a “terrorist” organization. How could it be characterized otherwise in light of the “genocidal” sanctions regime against Iraq? After all it was so called by two successive coordinators of the U.N.’s humanitarian program in Iraq. By UNICEF’s own calculation, the sanctions regime killed half a million Iraqi children under the age of 5 by 1996.

Despite this, and on the insistence of the United States and the United Kingdom and in full knowledge of the deadly consequences, it was maintained until their 2003 invasion.

The ostensible purpose of these deadly sanctions was clearly to “intimidate a population or compel a government ... to carry out or abstain from [an] act” – specifically, to give up “weapons of mass destruction” which Iraq, incidentally, did not possess.

The word “terrorism” has always been the ultimate subjective epithet, and the popularity and utility of the word for all its users and abusers around the world has been based largely on this subjectivity. Until the world is of one mind as to what constitutes good and evil, right and wrong, and justice and injustice, it is inconceivable that the world could agree on a precise and legally binding definition of what actions are always, in all circumstances, under all conditions, on any grounds and regardless of who is doing it to whom, unjustifiable, impermissible and criminal.

However, “terrorism” did not escape unchastised at the 2005 U.N. summit. In what the BBC then trumpeted as a major success, Tony Blair did get the Security Council to adopt unanimously a resolution urging all states to pass laws making “incitement to terrorism” a crime. Since every state remained free to define “terrorism” as it pleased, so as to demonize whatever behavior or ideas its government disliked; and while “incitement” is simply a pejorative synonym for “advocacy;” if this resolution proved to be of any relevance at all, it could only have been to provide a cover of international legitimacy for the worldwide trend (even in countries enjoying high standards of civil liberties) toward restricting, or criminalizing, freedom of speech and toward the totalitarianization of societies.

Actually, it cannot have been very difficult to achieve unanimous agreement on this resolution. People may not be able to agree on what “terrorism” is, but, whatever it may be, politicians readily recognize that it is risky to appear less than resolute in opposing this ultimate evil. Getting governments to agree that they should silence or quash their critics or opponents as they see fit is pushing against san open door.

The word “terrorism” does not enhance understanding. It stifles rational thought and discussion and, all too often, is used and abused to excuse one’s own illegal and immoral behavior.

Perhaps, rather than seeking an international convention agreeing on what the overused word “terrorism” should mean, it would have been more constructive 10 years ago – and would be more constructive today – to seek an international convention obligating governments, government officials and media to stop using the word entirely. In that way they can focus rationally on the nature and causes of violent behavior by both the strong and the weak and work toward reducing all forms of violent behavior and reversing the accelerating trend toward a more vicious, less free and increasingly fear-infested world.

John V. Whitbeck is an international lawyer who writes frequently on the Middle East. He wrote this commentary for THE DAILY STAR.


 

The views and opinions of authors expressed herein do not necessarily state or reflect those of the Arab Network for the Study of Democracy
 
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