Newsletter
No. 286
May 30, 2006
The
following article has been translated by the Shingetsu Institute
from the March issue of Gaiko Forum, a journal of the
Japanese Foreign Ministry. The author is associated with a public
policy thinktank and is billed as a specialist on terrorism
and crisis management.
In
the body of the text he provides some useful information about
Japanese victims of terrorism. His discussion of the civil liberties
implications of his proposals is predictably thin -- to the
point of non-existence.
However,
the information that shocked me the most came toward the end.
Apparently, in its new laws to deal with terrorism, the Japanese
government has made little or no effort to answer the all important
question of “Who is a terrorist?”
What
was Tokyo’s approach? They have just borrowed the lists
of the US and British governments, and have made no independent
analysis of their own! Apparently, they are entirely unaware
that defining a terrorist group is itself a highly politicized
matter, and has serious implications.
HOW SHOULD WE CONFRONT TERRORISM? A CONSIDERATION OF
JAPAN’S TERRORISM POLICIES
By Isao Itabashi
People
are increasingly worried about terrorism that is happening on
a global scale. Even though such terrorism is called international
terrorism, it often has regional characteristics. Therefore,
Japan needs original terrorism measures that take into account
the differences with Western countries.
Trends of Recent International Terrorism
Terrorism
is caused by groups such as Islamic extremists all around the
world, even after 9.11. In Jakarta and Bali, in Indonesia of
Southeast Asia, terrorist bombings have happened four years
in a row, seemly carried out by Jemaah Islamiya (JI). The train
bombings at Madrid, Spain, in March 2005, and the subway bombings
in London, England, in July 2005, were also shocking to Japan.
However, when these cases are analyzed, it turns out that they
were led by local terrorist groups or individuals.
For
example, it was reported that the Madrid train bombings were
carried out by a group in which Moroccan terrorists were in
the lead. All four of the criminals of the London subway bombing
on July 7, 2005, had British nationalities, and three of them
-- excluding one who came from Jamaica -- were second-generation
citizens from Pakistan. Like this, the new type of terrorism
and their supporters are appearing one after another in each
country and region, and it is becoming more difficult to discover
their identities under these circumstances. Their existence
is thought to be much more threatening from now on.
The Evaluation of the Threat in Japan
I
heard the speculation in the news about “New York to Madrid
to London -- and next might be Tokyo,” when the London
bombings occurred. However, we need to recognize that the circumstances
of Japan and Western countries have different conditions.
At
first, I need to point out that London wasn’t specifically
targeted on July 7. Of course, the timing was probably adjusted
to the summit talks in Britain, but London has been the target
of terrorists for a long time. Britain has prevented lots of
terrorism like the ricin incident in January 2003, Heathrow
terrorism, and chemical terrorism on the London underground.
Still, it wasn’t able to prevent the incidents on July
7 and 21. Mr. Stephens, the ex-Superintendent-General of the
Metropolitan Police Department said, “The London investigators
have prevented at least eight cases of terrorism” (Mainichi
Shinbun, online, July 11, 2005). Also, he had a press conference
with Mayor Livingstone on March 16, 2004, when he was still
the incumbent (right after the Madrid train bombings on March
11), and warned, “We have prevented terror attacks, but
it is not certain that we can keep preventing them hereafter.”
Additionally, he revealed in December of last year that there
were ten attempted terror attacks which targeted London after
9.11, and two of them were after the terror attacks of July
7 (BBC News Online, December 26, 2005).
Such
a situation is the same in other Western countries, and the
authorities of places including New York, Paris, and Rome have
prevented several terror schemes. These metropolises have always
been targeted.
It
would be untrue if I say that Japan has experienced no terrorism
attacks or plots which were related to organizations like Al-Qaida.
On December 11, 1994, a bomb exploded on Philippine Airlines
424, which had left Manila for Narita via Cebu, and was then
above the open sea south of Okinawa. In this incident one Japanese
national died and the plane did an emergency landing. It turned
out that it was committed by Ramzi Yusuf, the criminal from
the bombings at the New York World Trade Center on February
26, 1993, and was an experiment for “Project Bojinka”
(a US airline bombing plan). In addition, according to the report
of the US 9.11 Commission of February 14, 2004, Khalid Shaikh
Muhammad, one of the top executives of Al-Qaida and a leading
planner of 9.11 said, “(During the 2002 Japan Korea World
Cup Soccer Championship), we planned terror in Japan, but there
wasn’t the infrastructure to carry it out in Japan. That’s
why we didn’t reach a concrete plan and preparations.”
What’s more, it was revealed that the suspect Lionel Dumont,
a French man who had something to do with Al-Qaida, was hiding
in Japan and repeatedly going in and out of the country with
a fake passport. It was also revealed that another member of
an Islamic extremist group was temporarily staying in Japan,
and living with him. However, it is uncertain for what purpose
they were staying. It was reported on December 30 last year
that a member of Sipah-e-Sahaba Pakistan (SSP), a terrorist
organization of Pakistan, had schemed for the establishment
of a Japan branch, and entered the nation in 2003 (Sankei
Shinbun, December 30, 2005).
Against
such a background, it is naturally necessary for Japan to reinforce
its anti-terrorism measures. However, as I said earlier, many
of the past events of terrorism which happened all over the
world related Al-Qaida and like organizations were mainly carried
out by local terrorists, and the members of Al-Qaida have only
been concerned in the money and support. If incidents are happening
within such a structure, it is thought (hopefully) to be fairly
hard to carry out terrorism in Japan, where there is little
infrastructure to do terrorism considering the fact that no
Japanese terrorists and strongholds of terrorists related to
groups like Al-Qaida have been found. This is corroborated by
the statement of Khalid Shaikh Muhammad above, and the situation
is very different from that of Western countries. It would be
certain that it is a high hurdle to carry out large-scale terrorist
attacks in Japan -- like the bombings in Madrid and London --
which require a complicated operations system. Of course, terrorism
is possible in Japan because they have various ways to make
a small attack.
The Japanese Who Became Victims
On
the other hand, some Japanese and the interests of Japan have
been involved in a great deal of terrorism outside the nation
caused by Al-Qaida or groups related Al-Qaida (refer to the
table below). 24 Japanese were killed in the 9.11 incident;
the disco bombing in Bali, Indonesia, in October 2002 killed
two; and the Bali bombings of October 2005 killed one. Plus,
if the “Bojinka Project” had been carried out, thousands
of Japanese might have been killed.
Table: Radical Islamic Terrorist Events in Which Japanese Have
Been Caught Up
02.26.93
-- The explosion at the World Trade Center in New York
12.11.94 -- Explosion on board a Philippine Airways plane and
the Bojinka Project
11.19.95 -- Bombing of the Egyptian Embassy in Pakistan
11.17.97 -- Attack on foreign tourists in Luxor, Egypt
08.07.98 -- Bombings of the US embassies in Kenya and Tanzania
08.23.99 -- Kidnapping of JICA workers in Kyrgyzstan
12.24.99 -- Highjacking of an Indian Airlines flight
09.11.01 -- The September 11 attacks
10.12.02 -- Disco bombing in Bali, Indonesia
05.12.03 -- Bombing in the foreigners’ compound in Riyadh,
Saudi Arabia
05.29.04 -- Attack on the oil facilities in Al-Khobar, Saudi
Arabia
09.09.04 -- Bombing in front of the Australian embassy in Jakarta,
Indonesia
07.07.05 -- The London terrorist attacks
10.01.05 -- Bombings in Bali, Indonesia
The Statements of Bin Laden and Gradual Targeting of the Overseas
Interests of Japan
The
statement of Usama Bin Ladin (UBL) which was aired on Al-Jazeera
on October 18, 2003 is very important when we think about the
threat of terrorist attacks to the overseas interests of Japan.
The statement implies that the overseas interests of Japan can
be targeted at any time. UBL mentioned “Japan” by
saying, “We have the right to attack at the appropriate
times and places every country which has joined this oppressive
war; especially Britain, Spain, Australia, Poland, Japan, and
Italy.” The message was spread all around the world through
Al-Jazeera, etc. That’s why terrorists and their supporters
in the whole world might target the interests of Japan in each
area and territory (country or region). In short, the overseas
interests of Japan -- like diplomatic establishments abroad
and Japanese leading firms -- have been under such a condition
that they can be attacked anytime and anywhere since that statement
was aired.
The Status Quo and the Problem of Anti-Terrorism Measures in
Japan
Next,
let’s review the status quo and the problem of anti-terrorism
measures in Japan. The Japanese anti-terrorism measures have
to be considered from two perspectives. One is international
contributions, and the other is domestic anti-terrorism measures.
These complement each other like wheels of a vehicle.
For
Japan, international contributions in the age of international
terrorism is not only a part of its duty as a member of the
international community, as in cooperation with the international
community or with foreign countries, but also protecting Japan
and Japanese overseas interests, so Japan needs to deal with
it independently. It is directly connected with Japan’s
domestic security to support Southeast Asia by enhancing their
capability for dealing with terrorism, investigative abilities,
and security, so that aircraft from the region cannot be used
for an attack on Japan and so that terrorists cannot enter Japan
easily. Therefore, the International Counter-Terrorism Cooperation
Division of the Foreign Ministry is actively proceeding to support
and enhance Asian countries’ capabilities for counter-terrorism
through so-called capacity building supports, by holding seminars
focused on nine fields like immigration control, and airline,
harbor, and marine safety. It is also providing those countries
with machines to support an improved ability to investigate
and cope with terrorism, or to beef-up airport and harbor security.
In
addition, the National Police Agency has, since 1995, been holding
an “International Terrorism Investigation Seminar”
for the anti-terrorism supervisors of developing countries with
the cooperation of the Japan International Cooperation Agency
(JICA). Lately they have held an “Asia Counter-Terrorism
Meeting.” When significant terrorist events related to
Japan and Japanese interests have happened in overseas, they
dispatched a Terrorism Response Team (TRT-2) and supported the
investigations through the sending of identification specialists.
Such
international cooperation is very important as counter-terrorism
measures.
An “Action Plan” to Prevent Terrorism
Domestic
counter-terrorism measures, in other words, to prevent terrorism
in Japan or to strengthen terrorism controls, are -- as a nation
taking its part in the G8 and considering the importance of
global cooperative frameworks -- indispensable issues to protect
Japanese citizens from global terrorist networks like Al-Qaida.
These aren’t merely domestic issues. Japan must play its
part in international community. Above all, these measures should
be carried out so that Japan cannot be used as a loophole in
the international security network.
Since
9.11, each ministry has coped with the problem in a kind of
haphazard way in Japan, but the government’s “Headquarters
for Promoting Countermeasures against International Organized
Crime and Terrorism” created an “Action Plan to
Prevent Terrorism” in December 2004. The plan was constructed
by comprehensively putting together Japan’s plans for
anti-terrorism measures, which means that the government’s
action plan against terrorism was finally compiled for the first
time, ten years after the sarin gas attack on the Tokyo subway,
and about three years after 9.11. This plan includes 16 items
that should be immediately carried out to enhance security,
so that terrorists cannot enter Japan or act freely on our soil.
The ministries concerned have reached agreement over these precautionary
measures and are supposed to carry them out with time limit
set. Eight of these measures have already been taken, including
the introduction of Sky Marshalls, the obligation to check passports
by airline companies, and stricter identification of visitors
by hotels. They are supposed to take action on another seven
items by the end of 2006, and one item in 2007.
Stricter Immigration Controls and Foreigner Control
Under
the circumstances, Japan’s environment is different from
Western countries’, and advantageous toward terrorism
like that of Al-Qaida. Although the symptoms that I have mentioned
earlier can be seen in the nation, no Japanese terrorists, strongholds
of foreign terrorists, and terrorist-assisting networks have
been found yet in Japan. The most important thing for Japan
is to maintain this present environment. In short, it is necessary
to practice stricter immigration control and foreigner control
right away in order “not to let terrorists enter Japan”
and “not to allow their strongholds to exist.” They
have mentioned taking the fingerprints of foreigners in entry
permits in the action plan, which is going to be submitted to
the regular Diet in 2006. This measure has been already practiced
in the “US-VISIT Program” in the United States,
and is very effective in preventing terrorists and overseas
criminals from entering the nation. The immediate practice of
a “JAPAN-VISIT Program” is hoped for.
According
to the action plan, passports with IC chips covering biometric
information (physical information) will be introduced in Japan
as of March 20, 2006, which has been carried out as one of the
countermeasures. Since Japanese passports are often counterfeited
and used for smuggling and other crimes, it is possible that
terrorists would enter and stay in Japan with fake Japanese
passports, and so IC passports that are difficult to copy should
be introduced as soon as possible in the light of countermeasures
against terrorism and organized crime. We also need to consider
IC visas for the countries that are not expected to introduce
IC passports.
Regarding
the strengthening of the identification of foreign visitors
at hotels, which was resolved in the action plan, they have
already amended the hotel law and put it into action. On the
other hand, some Western countries oblige hotel managers to
confirm nationalities and report to the police. This measure
is very useful in researching information about terrorists who
hide themselves in Japan, and should be reinforced. However
a similar problem could happen in rental rooms and weekly apartments,
or they might use rent-a-car, rental cell phones, and net cafes.
That’s why I guess a new legislative framework is needed
which obliges these facilities to confirm and report on the
identification of foreigners.
Basic Law of Antiterrorism Measures and the Identification of
Terrorist Organizations
The
action plan for the prevention of terrorism contains the rules
of the basic policies (Basic Law of Antiterrorism Measures)
and an identification system for terrorists and terrorist organizations
(Specified Terrorist Organizations) as “countermeasures
to prevent terrorism that should be considered.”
The
summit talks are to be held in Japan in 2008, and it is a duty
as a member of the global society that Japan should take all
possible measures and demonstrate Japan’s stern attitude
toward terrorism. The Basic Law of Antiterrorism Measures and
the Specified Terrorist Organizations are matters of the greatest
urgency and necessity.
Recently,
it was reported that “the government fixed the policy
to make the Basic Law of Antiterrorism Measures,” which
refers the empowerment of investigative authorities including
arrests without warrants and intercepts against the specified
terrorist organizations and individual terrorists (Yomiuri
Shinbun and Mainichi Shinbun, January 7, 2006),
but they somehow mixed up the “Basic Law of Antiterrorism
Measures” and the “Comprehensive Antiterrorism Measures
Law.” Of course, the empowerment of investigative authority
is necessary, but first of all, it is important to gain the
understanding and cooperation of citizens and to form framework
to enhance antiterrorism measures independently by ministries,
organizations, local groups, and industries, including the private
sector and institutes that are concerned with these problems.
The author believes it is the Basic Law of Antiterrorism Measures
that mentions these issues explicitly.
On
these grounds, the Basic Law of Antiterrorism Measures should
contain the following four items: Japan’s basic attitude
toward terrorism; citizens’ understanding and cooperation;
the cooperation of the institutes concerned; and the specification
of terrorist organizations.
Japan
hasn’t had a national basic strategy against terrorism,
which is a globally significant problem, and it has to demonstrate
its attitude toward terrorism and the basic policies of counterterrorism
measures to the citizens and to global society.
While
providing the people with security, there will be a burden for
citizens and companies to some extent, but the understanding
and cooperation of the people is necessary.
Antiterrorism
measures aren’t only an issue for security specialists
and the ministries related to security. but also a problem for
many other organizations. The problem concerns every citizen
of the nation. It means that we need to team together and deal
with the problem together, while coordinating with the whole
government. That’s why it is important that the Basic
Law of Antiterrorism Measures stipulates that counter-terrorism
measures are to be led by the Chief Cabinet Secretary, taking
advantage of the cabinet’s ability adjust to circumstances.
They
specify terrorist organizations based on comprehensive antiterrorism
laws in the US and Britain (the US’ Antiterrorism and
Effective Death Penalty Act 1996 and Britain’s Terrorism
Act 2000). The system imposes regulations on specified organizations
like immigration regulations for the members of the specified
organizations, the freezing of assets, and the regarding of
support to specified groups as a crime. However, as for a terrorist
specifying system in Japan, the author believes in deepening
an understanding of terrorist organizations and terrorist threats
more connected to Japan, and this should be observed in the
basic law now rather than just imposing regulations.
Of
course it is preferable for Japan to introduce a system specifying
the groups like the US and Britain, but there’s a problem
about how we should gather information to make these judgments.
In case of the US and Britain, the information which the intelligence
agencies have gathered is used in deciding specified groups.
On the other hand, Japan isn’t gathering and using intelligence
like these two countries.
I
think it is meaningful just to specify the foreign terrorist
groups who have harmed Japanese or Japanese interests, and globally
threatening organizations like Al-Qaida, and to tell the nation
how threatening they are in their operations. When the specification
system is introduced, regular reviews would be necessary where
the citizens are informed of the status quo of threatening terrorist
groups, and that will make them more interested in and understand
the problem better.
However,
the specification system should be considered carefully because
there are cases where the terrorists cannot be recognized easily,
as in the London subway bombing, and it is getting harder to
grasp the actual conditions of these organizations.
Anyway,
the author believes that the Basic Law of Antiterrorism Measures
and the Specified Terrorist Organizations are inevitable measures
in order to demonstrate the attitude of Japan toward terrorism
both to home and abroad, and not only for the security of Japan.
COMMENTARY
1)
From Ben-Ami Shillony of Hebrew University on May 31, 2006.
Dear
Professor Penn,
I
am sorry that I must voice my opinion again. The article by
Mr. Isao Itabashi in Gaiko Forum on how Japan should
confront terrorism that was carried by your newsletter (No.
286) is an example of a well-balanced, informative and analytical
writing. It is the sort of writing that I (and I am sure many
of Shingetsu members) would like to read in the newsletter.
He provides the relevant data, weighs the various options, makes
sensible suggestions, and, most important, treats the readers
as intelligent, mature persons capable of making their own judgments.
On
the other hand, your introduction to that well-balanced article
is, regrettably, one-sided and highly biased, treating the readers
as halfwits who need to be given the "politically correct"
introduction before they read the article.
As
for the content of your criticism, I think that you are totally
wrong. Mr. Itabashi does not have to define terrorists, as no
one needs to define paedophiliacs or drug traffickers. All the
cases that he mentions in his article are clear cases of terrorism.
The attempt to differentiate between "good terrorists"
who have to be understood and forgiven, and "bad terrorists"
who should be suppressed is intellectually groundless and morally
wicked.
Terrorists
deserve less "understanding" than rapists and drug
traffickers (although these two may have also have legitimate
grievances) because their danger to society (including their
own society) is much bigger. No one denies that human rights
should be preserved in the war against terror, but they should
be not preserved more than in the war against pirates or serial
killers. The problem is not that the new regulations might be
too strict so that they may harm innocent people, but that they
might be too lax to allow terrorists to slip into Japan, for
example.
If
your parents had been killed in the Twin Towers in 9/11 you
would not grieve about the subsequent hunt for the terrorists
who were behind this atrocious act, but you would grieve about
the scandalous lack of sufficient anti-terrorist laws which
might have prevented these criminals from committing their horrendous
attack. If the anti-terrorist regulations that Japan is now
contemplating will cause you some inconvenience in entering
or leaving the country, don't you think they are a worthy (and
cheap) price for saving scores of innocent lives?
2) From Wataru Tenga of TransNet International on May 31, 2006.
I
disagree with your entire statement. Mr. Penn is correct to
point out that defining of terrorists is highly political, and
the same could be said of your other two examples. Different
societies have quite different notions of the age of consent,
or of what constitutes a drug. As for the definition of terrorists,
we need to be very careful here, because governments tend to
apply definitions that serve their own needs, allowing them
to whitewash their own atrocities or in some cases lock up innocent
people with no accountability.
A
good case can be made that the so-called global war on terror
(GWOT), in which the US has been trying to enlist Japan and
other allies, is the most poorly defined war of all time. It
is an open-ended affair, lacking clear objectives, on which
billions of dollars are being spent with little or no sign of
progress. No one has even bothered to define the objectives.
No one has explained convincingly how the Iraq War relates to
the GWOT. Instead, the GWOT is being used as an excuse to suspend
normal freedoms and legal procedures.
Shillony
writes, “The attempt to differentiate between "good
terrorists" who have to be understood and forgiven, and
"bad terrorists" who should be suppressed is intellectually
groundless and morally wicked.”
Then
there can be no difference of opinion about such matters as
the US occupation of Iraq, killing of Palestinians by Israeli
missiles and tanks, the American Revolution, the resistance
to Nazi occupation, or the Chechen struggle against Russia?
Are all of these settled issues, which only halfwits and the
morally wicked bother to think about?
And
what about the American revolutionist who famously said, Give
me liberty or give me death? Should he instead have been calling
for stricter laws against his kind?
3) From John Edward Philips of Hirosaki University on June 1,
2006.
Shillony
writes: “The article by Mr. Isao Itabashi in Gaiko
Forum, on how Japan should confront terrorism that was
carried by your newsletter (No.286), is an example of a well-balanced,
informative and analytical writing.”
Much
as I agree that the article was useful and informative, I have
to disagree that it presented a good analysis of terrorism.
The article was not about terrorism as the term is usually defined.
It was specifically about Islamic terrorism. This was most clearly
shown by its failure to mention such non-Muslim terrorist attacks
as the Aum Shinrikyo sarin gas attack on the Tokyo subway. No
other terror attack has affected Japanese to the same extent.
The article contained much useful information about Islamic
terrorism, but was marked by a complete lack of critical thinking,
and conflation of "terrorism" with Islamic terrorism.
If it was meant only to be about Islamic terrorism it should
have said so in the title, and it should not have kept saying
"terrorism" when it meant only Islamic terrorism.
Perhaps diplomats do not want to call things what they are but
that is no excuse for us. All terrorism is not Islamic, any
more than all Islam is terrorist.
Daniel
Pipes has long since observed that you do not make war against
terror, or any other tactic. I agree with him about that. You
make war against an enemy. Professor Pipes wants to define that
enemy as "militant Islam." I would define that enemy
more narrowly as al-Qa'ida, the group which attacked the US
on September 11th, but neither of our definitions logically
extend to the invasion of Iraq. The whole subject of the war
or wars now being waged by the US and its "coalition of
the willing" needs to be carefully discussed and objectively
evaluated, if for no other reason than to wage that war or wars
successfully. While the article in question does provide useful
information about the ongoing war or wars, it does not analyze
the nature and purpose of the war or wars. For that lack of
critical thinking it deserves to be criticized, even by those
who support whatever war or wars the US and its allies are fighting
against whatever groups or states.
Shillony
writes: “On the other hand, your introduction to that
well-balanced article is, regrettably, one-sided and highly
biased, treating the readers as halfwits who need to be given
the ‘politically correct’ introduction before they
read the article.”
My
evaluation would not be as harsh as Professor Shillony's, but
I also have disagreements with Professor Penn's introduction.
Furthermore, I think that his viewpoints, and the list readers,
would have been better served had he made his comments in a
separate mailing.
I'm
also not sure what Professor Shillony is referring to when he
talks about distinguishing between "good terrorists"
and bad terrorists." I didn't read that in Professor Penn's
comments. Rather I thought he was making the point that one
person's terrorist is another's freedom fighter. That may be,
but it does not negate the laws of war, or that they should
be adhered to by all sides in a conflict. Simply because the
term "terrorism" has been misused by some governments
and commentators does not necessarily deprive it of all usefulness.
To acknowledge that Palestinians have legitimate rights would
not necessarily justify suicide bombing. To grant Palestinians
the right to elect their own government does not make that government
good, nor does it deny other nations' right to cut off aid from
that government. Everyone needs to think clearly and objectively
about the issues involved.
Shillony
writes: “As for the content of your criticism, I think
that you are totally wrong. Mr. Itabashi does not have to define
terrorists, as no one needs to define paedophiliacs or drug
traffickers. All the cases that he mentions in his article are
clear cases of terrorism.”
Yes,
all the cases mentioned are clearly terrorism, but all clear
cases of terrorism are not mentioned. This fact certainly merits
discussion in a forum devoted to Japanese-Muslim relations.
Why are non-Muslim terrorists suddenly, if silently, defined
out of the category of "terrorism"? Why are the Janjaweed
in Sudan somehow not terrorists, despite their genocidal attacks
on civilians, their Arab nationalist basis, and their recent
support from al-Qa'ida? The answers certainly have importance
for the topic of this list, Japanese-Muslim relations, and should
be discussed here. Unfortunately Mr. Itabashi is not on this
list so we can't ask him.
The
real story to my mind is the continuing cluelessness of the
Japanese authorities about militant Islam in general and al-Qa'ida
and its allies in particular. This bothers me, if for no other
reason than that an al-Qa'ida cell was found operating in Niigata,
not far from where I live. Islamic studies in Japan is, even
relative to the size of the country, much smaller than in the
United States. That the Japanese authorities have so much trouble
finding potential Islamic terrorists could have serious negative
implications for those of us who live in Japan.
4) From Clifford Kiracofe of Washington and Lee University and
Virginia Military Academy on June 1, 2006.
Tenga
asserts: “A good case can be made that the so-called global
war on terror (GWOT), in which the US has been trying to enlist
Japan and other allies, is the most poorly defined war of all
time.”
There
are many complex issues here that impact in foreseable, and
unforeseable, ways on a nation's security. It seems to me, therefore,
that Tenga and Penn are correct to indicate that caution in
Japan's consideration of adopting the current US Administration's
perspective [incoherent or otherwise] on the GWOT is prudent.
I
would point out that, in the US system, just because a particular
Administration has a particular policy orientation this does
not mean that serving diplomatic, military, and intelligence
professionals [i.e. our institutional structure] agree with
it. It also does not mean that the policy will be permanent
or even consistently adhered to. In the case of the Iraq War,
for example, it is becoming increasingly clear that our professional
institutional structure resisted the war option that the politicians
proposed and Congress voted for. The various "checks and
balances" in our system [institutional within the Executive
Branch, Congress, etc.] were adroitly overridden by force and
fraud as we have seen.
First,
given current polling data, we may well see a repudiation of
the Bush 43 Administration at the polls this fall in the mid
term elections. We may well see the Democratic Party in the
White House after the 2008 elections. The national consensus
behind the so-called "GWOT" as a global military crusade
has crumbled as polling data with respect to the Iraq War seem
to indicate. US political elites ("Establishment")
are in a state of confusion and dismay about Iraq and the all
too evident GLOBAL consequences of the Bush 43 GWOT policy.
Is it prudent for Japan to associate its national security policy
with the crumbling Bush-Cheney-Rumsfeld "vision,"
a vision which is increasingly repudiated by both Republicans
and Democrats?
Second,
it is correct to raise the matter of how to define "terrorism"
particularly within international law. But this is not a new
challenge, and the United Nations has wrestled with it for decades.
The international legal community has wrestled with it as well
and scholars take different positions as to the matter of the
"right to resistance" and etc. The definition of "terrorism"
or "terrorist organizations" obviously has operational
consequences involving the tasking of various security and intelligence
resources at a nation's disposal. This is why there was no little
consternation in institutional circles, for example, when the
Bush 43 Administration early on placed HAMAS and HIZBALLAH on
the "terrorist" list rather than keeping the former
approach essentially categorizing them as "resistance"
organizations.
With
respect to this longstanding nature of the international debate,
as an example I would recommend reference to the Revue Eyptienne
de Droit International, Volume 28, 1972, and the following
articles therein:
W.T.
Mallison, "An International Law Appraisal of the Juridical
Characteristics on the Resistance of the People of Palestine."
[Prof.
Mallison, an American, in my view wrote perhaps the most penetrating
and meticulous analysis of this issue in a number of venues.]
A.
Belkharroubi, "Essai sur une Theorie Juridique des Mouvements
de Liberation nationale."
H.
Cattan, "The Arab Israeli Conflict"
I.
Sagay, "International Law relating to Occupied Territory."
Third,
the militarization of counterterrorism raises many problems
and challenges, policy as well as operational. We must be frank
and admit that such militarization provides access to additional
billions of dollars of taxpayers' money and business opportunities
for interested private firms, such as Halliburton and the Carlyle
Group, particularly in the current atmosphere of the "privatization"
of war of the Bush 43 Administration. Friends and family of
the current Administration have been especially favored. Our
European allies, however, emphasize the intelligence and police
dimension of counterterrorism while the US has plunged ahead
full speed with its militarization. Europeans appear to have
no special problems in tracking down and arresting criminals
who belong to violent organizations, and commit crimes such
as murder, as regular press reports indicate. On the other hand,
Americans seem to have problems, while Canadians appear to be
slowly waking up to certain issues.
On
the military side, it cannot be said that the Bush 43 GWOT policy
doctrines advanced by Cheney and Rumsfeld and their "Neoconservative"
[Wolfowitz, Perle, Feith, Wurmser, Abrams, Joseph, et.al., a
very well-known network with foreign connections since the "Iran-Contra"
days at least] advisors, in particular, are what the military
services would have recommended, or would recommend, if left
to their own decision. It should be understood that this Administration
has a highly ideological vision for the "transformation"
of the military that it has been imposing. But this vision has
operational consequences that we can see daily in Iraq, including
Haditha and other such stains on our national honor.
To
obtain insight into the challenges posed to the professional
military, newsletter readers should consult, for example, the
online publications produced by the U.S. Army War College. The
publications and professional perspectives may be surprising
to some newsletter readers for their caution and independence.
The website is www.StrategicStudiesInstitute.army.mil
A
recent research paper on "terrorism" (Sherifa Zuhur,
A Hundred Osamas: Islamist Threats and the Future of Counterinsurgency
(Dec 2005)), for example, states in its recommendations "Revise
approaches that too broadly define terrorism and extremism and
our reponses to them. Regional, ideological, and country specificity
is essential (p.59)." On the Iraq War aspect of GWOT, I
would recommend Terrill and Crane, "Precedents, Variables,
and Options in Planning a U.S. Military Disengagement from Iraq
(Oct 2005)," and Hendrickson and Tucker, "Revisions
in Need of Revising: What Went Wrong in the Iraq War (Dec 2005)."
On transformation, see White, "Transformation for What?
(Dec. 2005)."
I
just raise some of these issues to indicate that the point Tenga
and Penn make about a prudent Japanese response to US pressures
is well taken.