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Unformatted text preview: Terrorism & Justice Note: Graphic content in today's subject matter "We are in a fight for our principles, and our first responsibility is to live by them. No one should be singled out for unfair treatment or unkind words because of their ethnic background or religious faith" " [T]his country will define our times, not be defined by them" (Bush, 20 September, 2001). What are the Fundamental Obligations of (US) Government? Fundamental Obligations of Government US Constitution & Bill of Rights Protect Civil Rights
Lives and welfare of citizens Property of citizens Protect Civil liberties
Protect freedom of movement & commerce Build & maintain infrastructure Fundamental Obligations of Government Which should receive priority: rights or liberties? Fundamental Obligations of Government
Where does this leave the terrorist? Does/Should the US Constitution include terrorists? What if the terrorist is an American? Rights & Enemy Combatants What is the legal status of enemy combatants "Necessity of lesser evil" argument Rights & Enemy Combatants Supreme Court on Enemy Combatants: Guantanamo foreign detainees has right to apply for a writ of habeas corpus Entitled to due process of law Even presidents do not have the right to deprive US citizens of their Fifth Amendment rights Hamdan v. Rumsfeld (2006)- Enemy combatants are protected under the Geneva Convention, presidents do not have the authority to create new tribunals w/out Congressional mandates Torture and Interrogation United Nations definition of torture (1984): Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions. "Torture light" Water boarding Torture and Ethics ? What is "justice" Justice- the concept of moral rightness based on ethics, positive law, natural law, religion, fairness & equality coupled with punitive capability in the light of a breach of said ethics Enforceability Discernment Impartiality However. . . Enforceability
In order to enforce a legal concept of justice, there must be consensus on what terrorism is & justice relative to terror is. What is "terrorism"? What is "justice" relative to terrorism? What is a "just" response to terror? (The spectrum of "just" responses to terrorism) Pacifism: Non-violent pacifism Non-lethal pacifism: Anti-war pacifism: What is a "just" response to terror? Just war military action that is justified as being permissible based on legal and/or moral grounds Must have two elements: Account of just cause Account of just means Discernment Is it "just" to intentionally harm innocents? Harming innocents could be justified for the sake of achieving a "greater good" when the harm is:
Trivial Easily reparable Non-reparable but greatly outweighed by the consequences of the action Can terrorism be legally justified using this position? US bombings of Japan British bombing of Germany cities Palestinian suicide bombings Impartiality Who is "qualified" to judge the "rightness" of terrorism? The "victim" state The "host" state The UN International courts
Training Funding Extradition _____________________________________ Compassion & Terror
The Counter Tradition Could Compassion be a tool to combat terror? American reaction to tragedy Hurricanes Rita & Katrina Tsunami in Sumatra Earthquake in Haiti Funds & scholarships established for families & children of 9/11 victims Plight of Afghani women highlighted Arab Americans who are political refugees told to "go home" Reactions & outcomes as a result of 9/11 Question: By not addressing certain American paradigms prior to 9/11, did the US miss an opportunity to reach out to the Muslim world with immediately after 9/11? The call for a paradigm shift Times of crisis are bad times to objectively evaluate our paradigms Emotions (good & bad) are engaged After the crisis, we forget and go back to life as usual Evaluate areas of greatest impact/danger Educate to increase mutual understanding During times of non-crisis Compassion Compassion- an emotion directed at another person's suffering or lack of well-being Made from the point of view of the observer Judgment of seriousness Unjust suffering Loss of livelihood Threat to well-being or identity Did not bring predicament on self Measure of suffering exceeds the measure of fault Have similar vulnerabilities Placement of other's suffering in one's prioritization of importance Judgment of non-desert Judgment of similar possibilities Eudemonistic judgment Relations Based on Human Dignity Basing relations on mutual human dignity Relations based on human dignity remove need for compassion Tensions based on "fortunes" reduced What is "human dignity" Challenges Inconsistencies in conceptualizations As long as there are discrepancies, there will be tensions Regarding dignity only can lead to indifference Goes against human nature ________________________________________ _ It is inherent for humans to rank themselves The Paradigm Shift Rather than conceptualizing terrorists as enemies: See humanity in fellow being
Separate from local, regional, and national paradigms [E]motional illiteracy is closely connected to aggression, as fear is turned outward with little understanding of the meaning of aggressive words and acts for the feelings of others" (Nussbaum, 2003, 246) See commonalities in goals Attempts to make world better ...
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- Spring '11