Lesson 3

Question 1

CIA torture

Answer 1

“Torture memos” drafted by the Office of Legal Counsel (OLC) sought to redefine torture in a way that excluded the “enhanced interrogation techniques” used by the CIA. CIA torture prisoners in the Guantánamo Bay.

US ratified CAT in 1994.

Adopted a interpretation of torture, as: “intentional infliction of severe pain or suffering, “

Which allows the US to use tools for what other states might define as torture.

Question 2

Plausible Legality

Answer 2

Authorities in liberal democracies, particularly in the US after 9/11, employ a strategy called “plausible legality” to justify human rights abuses while claiming to act within the law.

(Banning FTF to return to country)

Permits states to violate human rights under a façade of legal compliance but also risks eroding international norms over time.

Question 3

How is “plausible legality” different from simply breaking the law?

Answer 3

Instead of outright rejecting or ignoring the law, plausible legality tries to manipulate the law to fit the desired outcome.

It seeks to create the appearance of legality, even if the interpretation of the law is highly questionable.

Question 4

Ambiguities and Loopholes in Legal Frameworks

Answer 4

States has been more aware of the loopholes and gaps in the law. How to solve it? Use less vauge definitions.

Question 5

Erosion of Human Rights Norms

Answer 5

The sources argue that the practice of “plausible legality,” if left unchecked, can lead to the erosion of human rights norms.

Question 6

Terrorism as violaters of human rights?

Answer 6

The sources argue that more robust monitoring mechanisms are needed to hold non-state actors accountable for human rights abuses.

Martin Scheinin

Question 7

Declaring a “War” to Trigger International Humanitarian Law:

Answer 7

ome governments have sought to frame their counter-terrorism efforts as a “war,” arguing that this justifies the application of international humanitarian law, which governs armed conflicts, rather than human rights law.

Martin Scheinin

Question 8

Terrorism as a crime not a law

Answer 8

The sources argue that acts of terrorism, while serious and requiring a robust response, do not inherently constitute an armed conflict. Instead, they should be treated primarily as a form of crime and addressed within a law enforcement paradigm.

Martin Scheinin

Question 9

Foreign terrorist fighters

Answer 9

FTFs include all individuals who travel to another state (other than their states of nationality or residence to plan, prepare or participate in acts of terrorism). FTFs also include individuals who provide or receive
terrorist training.

Question 10

Principle of Subsidiarity

Answer 10

Decisions and actions should be taken as close to the citizen as possible

Question 11

Right to Enter One’s Country

Answer 11

Issue: FTFs face travel bans and passport cancellations, stranded abroad.
Law:
UDHR Art. 12 (non-binding): Freedom to return to one’s country.
ICCPR Art. 12(4): No arbitrary denial of return.

Question 12

Duty to Repatriate POWs

Answer 12

Issue: Limited repatriation of women and children detained in Syria.
Law:
Geneva Conv. Art. 118(1): POWs must be repatriated after hostilities end.

Question 13

Investigating war crimes

Answer 13

Issue: States must prosecute nationals for war crimes.
Law:
ICRC Customary Law: Investigate and prosecute war crimes committed by nationals or in-state.

Question 14

Territorial Jurisdiction

Answer 14

Concept: States where crimes occur (e.g., Syria/Iraq) hold primary jurisdiction.

Question 15

Right to Fair Trial

Answer 15

Issue: Trials in conflict zones lack fairness; inconsistent repatriation policies.
Law:
ICCPR Art. 14: Right to a fair, public, and impartial hearing.

Question 16

ISIS and Child soldairs

Answer 16

Recuritet more then 100.000 child soldairs as they are very manipulative and therefore easyu to convince that “if they don’t have the correct interpretation of the Koran was a ‘kafir’ (unbeliever) and had to be eliminated.

Recruited them based kidnapping from orphanage, schools and homes.

Some were inticed by payment.

ISIS served to ‘normalise’ children’s
exposure to violence and death.

Conrad Nyamutata

Question 17

ISIS propeganda

Answer 17

Idaeliased their caliphate as for muslims to enjoy status and a sense of a belogning, as well as it was a duty fo r especially sunni muslims. (both genders).

ISIS managed to attract foreign recruits, among them
young men, women and children from Western countries and the USA

Conrad Nyamutata

Question 18

Convention on rights of the Children

Answer 18

Optional Protocol on the Involvement of Children in Armed Conflict (2000):

Raises the minimum age for compulsory recruitment and participation in hostilities to 18 years.

Conrad Nyamutata

Question 19

Biopolitics

Answer 19

Biopolitics is a system of mechanisms through which species life is regulated.

Michel Foucault

Question 20

Biopower

Answer 20

Aims to manage, regulate, and control life’s processes, including the potential risks and dangers associated with them.

Michel Foucault

Question 21

Biopower as a Security Apparatus

Answer 21

This apparatus aims to manage and control the uncertainties and risks (contigency) associated with the processes of life itself.

Question 22

Contingency

Answer 22

Uncertainty and unpredictability inherent in life and events.

Question 23

PEGASUS as a biopower mechanism

Answer 23

PEGASUS is a suverlliance tool to (spysoftware) identify potential risks associated with terror.

Access to:
1. messages,
2. calls,
3. location, and
4. real-time access to a phone’s microphone or camera.

How it interferes with human rights:
1. ICCPR art. 17, that you shouldn’t be subjected to: “ interference with their privacy, family, home, or correspondence”.

Plausible legality:
- Securitization theory, securitized: Immidiate threat that need extraoridinary measures.
- Desecuritizing: never happened, as the fear of terrorism still exists.

Question 24

POW

Answer 24

Prisoners of war.
Individuals captured and detained during an armed conflict by an opposing party.

Question 25

FTF

Answer 25

Individuals who travel to a country other than their own, often to join terrorist organizations, participate in armed conflicts, or engage in terrorist activities.