Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues


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The War on Culture

Kia Roberts-Warren

The destruction of culture has become an instrument of terror, in a global strategy to undermine societies, propagate intolerance and erase memories. This cultural cleansing is a war crime that is now used as a tactic of war, to tear humanity from the history it shares,” (Irina Bokova, head of UNSECO).[1]

The destruction and looting of art is a widespread and systematic attack to erase people’s memories and identities. The Nazis destroyed and looted hundreds and thousands of books, art, and other cultural relics.[2] Paintings were vandalized during the armed conflict between Macedonia and the National Liberation Army[3] The siege of Dubrovnik, damaging the ancient Mostar bridge, and the Sarajevo national library during the Yugoslav wars.[4]

Terrorist organizations have put destruction of cultural heritage back on the war agenda. Since ISIS’ has taken over territory in Syria and Iraq, they have destroyed and looted numerous World Heritage Sites that the group deems idolatrous and blasphemous.[5] A World Heritage Site is determined by United Nations Educational, Scientific, and Cultural Organization (UNESCO) and is defined as “belonging to all peoples of the world, irrespective of the territory on which they are located.”[6] By historical standards, ISIS’ actions in Iraq are “on a rampage of destruction not seen since the Mongol’s sacking of Baghdad in 1258.”[7]

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Temple of Bel (or Baal) in Syria. The Temple was one of the main attractions Palmyra, a Roman-era trading outpost in the desert, northeast of Damascus, Syria

In Syria, ISIS has destroyed the ancient cities of Palmyra, Mar Elian Monastery, Apamea, Dura-Europos, and Mari.[8] In Iraq, ISIS has destroyed the oldest Christian monastery (Dair Mar Elia), Assyrian Empire artifacts in the Mosul Museum, Nineveh archeological site, razed the Tomb of Jonah and other religious sites, Nergal Gate (an entrance to the ancient Assyrian city of Nineveh, where the men use power tools to destroy a pair of massive statues of winged bulls with a human heads), and the Nimrud archaeological site.[9]

Moreover, the Sunni Muslim library, the Mosul Museum Library, and the library of the 265-year-old Latin Church and Monastery of the Dominican Fathers have also been heavily damaged. These libraries contained collections from the Ottoman Empire, Iraqi newspapers from the early 20th century, and other ancient texts were burned in the streets.[10] Irina Bokova stated that it was “one of the most devastating acts of destruction of library collections in human history.”[11] (You can see video here)

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A member of ISIS destroying an ancient Assyrian lamassu (screenshot from an ISIS propaganda video)

Intelligence officials say looting is the terror group’s second largest source of income after oil.[12] ISIS encourages civilians to plunder historic sites and then charges a 20 percent tax on anything they sell.

Last February the UN Security Council adopted a new resolution, UNSCR 2199, which was drafted by Russia and co-sponsored by the United States.[13] The Resolution prohibits the trade of artifacts illegally removed from Syria since 2011 and Iraq since 1990.[14] The UN General Assembly, also, passed a resolution called “Saving the Cultural Heritage of Iraq,” which states that ISIS’ actions may amount to war crimes as well as details about ISIS’s attacks on cultural heritage sites and demands its members be stopped and held accountable.[15]

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In the wake of ISIS’ cultural destruction, Italy has teamed up with UNESCO to create a task force.[16] This task force called The Peacekeepers of Culture, will be a 60-person team of art detectives from the art-squad police from Italy’s Carabinieri military police, historians, and Italian-trained restoration experts.[17] The goals of the peacekeepers are to protect ancient artworks, artifacts, and archaeological sites in conflict zones from extremists, protect against “cultural cleansing” and the fear-mongering propaganda, and to cut off some of the Islamic State’s funds acquired through the sale of looted artifacts, statues, and other antiquities on the black market.[18] It will establish facilities in Turin, where it will train cultural heritage protection experts. It aims to “assess risk and quantify damage done to cultural heritage sites, develop action plans and urgent measures, provide technical supervision and training for local national staff,” as well as help move some objects to safety.[19] The task force has not chosen a country for its first mission but is ready to go where UNESCO sends them.[20]

In April 2013, the Smithsonian Institute created the Safeguarding the Heritage of Syria and Iraq (SHOSI) Project. It provides emergency preservation work, conservation materials, and training to Syrian and Iraqi museums to help salvage damaged collections and sites.[21] In the summer of 2014, SHOSI held an emergency workshop in Syria. One of the missions was to provide equipment and supplies for workshop participants to secure the immovable mosaics collection at the Ma’arra Museum in Idlib Province. This museum housed one of the most important collections of third-to-sixth century Roman and Byzantine mosaics in the Middle East.[22]

This may seem to be weak enforcement on the part of the international community. However, destruction of art is as war crime under the Rome Statute of the International Criminal Court (ICC). Article 8 (2)(b)(ix) states: “Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives.”[23]

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Ahmad al-Faqi al-Mahdi, on trial at the International Criminal Court in The Hague

The ICC is currently hearing its first ever war crime trial addressing the destruction of cultural heritage.[24] Malian Jihadi leader, Ahmad al-Faqi al-Mahdi is accused of destroying ancient mausoleums in Timbuktu, specifically, medieval shrines, tombs of Sufi Saints, a 15th century mosque and over 4,000 ancient manuscripts were lost or destroyed all which were considered World Heritage sites.[25] This case is considered to be an important case at the ICC in fighting against war crimes directed at cultural heritage.[26] The last time a case like this was brought to trial was in 2013 when Balkan warlords were charged with the shelling Dubrovnik in the early 1990s, damaging the ancient Mostar bridge, and the Sarajevo national library by the International Criminal Tribunal for the former Yugoslavia (ICTY).[27]

When we think of atrocious crimes committed by ISIS, destruction of art and cultural sites are not on the list. We think of targeting civilians, rape, and general pillage. However, it is important because these sites aren’t just the destruction of Iraqi or Syrian history, but, rather history that belongs to the world. These artifacts and sites cannot be repaired or replaced. Once they are destroyed, they are gone completely. To let them perish at the hands of terrorists cannot go unpunished or unnoticed any longer.

Kia Roberts-Warren is a 2l at UB Law. She is concentrating in international law and business law. Kia graduated from Temple University receiving a BA in East Asian Studies during that time she spent a semester in Tokyo, Japan. Kia has an interest in private international law particularly trade and business as well as public international law. She also interested in fashion law and art law in the international context. Last spring, she was an extern at the Hudson Institute, a think-tank in DC that deals mainly with national security issues. Kia is currently the Career Development Director of ILS and recently participated in the 2016 Philip C. Jessup Moot Court Competition. She also plans on attending the Aberdeen Summer Abroad Program this  summer. 

 

[1] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[2] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[3] http://www.dailyevergreen.com/news/article_38faf3bc-da91-11e5-a5e1-fb5b07906df6.html

[4] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[5] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[6] http://whc.unesco.org/en/about/

[7] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[8] http://news.nationalgeographic.com/2015/09/150901-isis-destruction-looting-ancient-sites-iraq-syria-archaeology/

[9] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[10] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[11] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[12] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[13] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[14] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[15] http://hyperallergic.com/210944/un-says-isiss-cultural-destruction-may-amount-to-war-crimes/

[16] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[17] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[18] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[19] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[20] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[21] http://unitetosave.si.edu/projects/response/

[22] https://global.si.edu/success-stories/safeguarding-cultural-heritage-syria-and-iraq

[23] http://legal.un.org/icc/statute/99_corr/cstatute.htm

[24] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[25] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[26] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[27] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

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Nigeria’s Economy – Help is on the Way!

Carolyn Mills

The economy of Nigeria is the largest economy in West Africa, experiencing massive growth in the last 24 years. While the African continent, as a whole, has experienced rapid growth and development, there is concern amongst the international community regarding the threat of terror organizations, such as Boko Haram and the internal rampant corruption. The economy of Nigeria has recently faced difficulty and has made several appeals to the international community for support. Without this crucial intervention international organizations the threat of collapse could be imminent.

Boko Haram

Currently Boko Haram has taken a large foothold in the northern Nigeria, and is notably known for the kidnapping of 300 school girls in 2014, which sparked the #BringBackOurGirls movement. Boko Haram’s terror is indiscriminate as the organization is known for attacking both Christians and Muslims. Boko Haram began as a peaceful organization until 2009 when the government of Nigeria launched investigations into their activities. [1] The terror group has been credited with the death of nearly 17,000 Nigerians since its reign of terror began in 2010. [2] Corruption has been a further impediment to the growth of Nigeria’s economy. A recently published article, one of the most notable and egregious cases of corruption occurred when $195 billion naira (nearly 10 billion dollars) was pilfered from a pension fund that was intended for retired workers.[3]

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2014 was a year of great exploits for Nigeria, as it was named the largest economy in Africa (as well as most populous)[4].  Its largest industries are its growing entertainment sector known as ‘Nollywood’, followed by its large agricultural sector.[5] In the past 2 years, however, Nigeria has experienced a fall in the valuation of their currency (the naira) as oil prices have fallen below $30 per barrel. Initially following the election of President Muhammadu Buhari the stock market peaked at the hope of a new president with a new economic policy, however hopes were quickly dashed. [6] The falling price of crude oil in the country coupled with their need to import refined fuel has put much pressure on the economy and President Buhari. [7]

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In an effort to assist the country in its efforts to fight Boko Haram, the European Union has pledged more than $50 million dollars to aide in the fighting against Boko Haram[8]. The European Union has also recently pledged to assist in diversifying its nearly exclusive oil dependent economy[9]. The attractive package comes with many caveats (read strings). The EU Ambassador to Nigeria, based in Lagos, stressed the importance of business owners and investors having protection under Nigerian laws stating.[10] Although how Nigeria will ensure the protection of potential investors is still in flux, Foreign Minister Geoffrey Onyeama remains hopeful that any future agreements with other countries will provide Nigeria with technical assistance to make the transition from a primarily agrarian economy to a fully industrialized economy.[11] The more pronounced role of other states and organizations is necessary to help usher in Africa’s largest economy and assist in sustained growth—rather than a mere suggestion from the EU.

German President Guack

Despite the recent call for help from President Buhari, Germany has been the only state to show interest in contributing to the development and investment in Nigeria’s now lackluster economy. Among other things, German President Joachim Guack has pledged support in the move to eliminate corruption, which is seen as the country’s number one enemy to progress. [12]

The threat of global terrorism should not deter international development. With increased investment comes increased infrastructure—infrastructure that is undoubtedly linked to the safety of the country’s border. Without such investment, the economy will stagnate and most of its resources will be sunk into their safety and defense forces, rather than development.  It is a harrowing catch-22 for government of Nigeria, as they attempt to advance their economic and social strength, while combating terrorism and corruption that seeks to slow progress. Germany’s advanced (and seemingly sole) role in the elimination of terror and the diversification of the economy will hopefully prove to be altruistic and non-imperialistic in nature as Nigeria fights to remain a forerunner on the African Continent.

Carolyn Mills is a graduate from of Bowie State University  and holds a Bachelor of Arts in Political Science. Carolyn is a 2L at the University of Baltimore School of Law. She serves as 2L Representative for the International Law Society.  Her interests and focus areas are on Central America and West Africa; she has traveled to both Guatemala and Honduras and hopes to visit Ghana this summer. She is currently a law clerk for the Department of Homeland Security’s Human Rights Law Section.  

[1] http://m.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11250530

[2] http://www.globalresearch.ca/boko-haram-in-nigeria-the-destabilization-of-the-world-through-the-war-on-terror/5504014

[3] https://www.naij.com/402850-top-12-corruption-cases.html

[4] http://leadership.ng/features/502916/nigerian-economy-global-appeal-nwanze

[5] http://www.theatlantic.com/international/archive/2014/04/how-nigeria-became-africas-largest-economy-overnight/360288/

[6] http://qz.com/595453/the-precarious-state-of-nigerias-economy-right-now-captured-in-two-charts/).

[7] Id.

[8] Id.

[9] ( http://www.thisdaylive.com/articles/eu-pledges-to-assist-nigeria-diversify-economy/232283/)

[10] http://www.thisdaylive.com/articles/eu-pledges-to-assist-nigeria-diversify-economy/232283/.

[11] (http://allafrica.com/stories/201602100215.html).

[12] http://www.vanguardngr.com/2016/02/we-have-lost-lives-economy-because-of-corruption/


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The Maldives: A Façade Paradise

Kia Roberts-Warren
The Maldives is a place that very few of us know about, other than that it is vacation paradise to millions of Western countries. However, the Maldives has recently been put in a rather shocking light when international human rights lawyer, Amal Clooney decided to represent former President Mohamed Nasheed on appeal in the Maldivian highest court, pro bono.[1] Nasheed has served one year of a thirteen-year sentence for terrorism charges after he ordered the arrest of a senior judge.[2]

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For thirty years, the Maldives was under the rule of Maumoon Gayoom, who repeatedly imprisoned Nasheed during this time for his political beliefs against the regime.[3] In 2005, Nasheed returned from self-exile and in 2008 ran against Gayoom and won in the country’s first multiparty election.[4] Nasheed did not finish his first term before resigning. The Maldivian government alleges that Nasheed was crushed by the opposition, but Nasheed contends that there was actually a coup d’état.  Under the threat of force, security forces loyal to Gayoom held him at gunpoint and forced his resignation.[5] Since, his resignation Gayoom’s half-brother, Abdullah Yameen has been the President.[6]

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 After the coup, Nasheed was subjected to an unfair trial, which the UN Working Group on Arbitrary Detention criticized for its unlawfulness and injustice.[7] However, Nasheed is not the only one in prison! President Yameen has, at the moment, imprisoned two former defense ministers, one former vice-president, one former deputy parliamentary speaker, and leaders of every opposition party in the Maldives.[8]

Since Amal Clooney has been advocating on the behalf of Nasheed, the question is why should the Western world care? If you don’t care about the political situation or human rights violations happening there, then you should care that the Maldives has the highest percentage of ISIS recruits per capita in the world.[9] Mr. Ben Emmerson, Nasheed’s other lawyer, noted that the “two hundred Maldivians [that] have gone so far to Iraq and Syria…[is] the equivalent of 36,000 Brits.”[10] He also believes that another Tunisia-style tragedy is inevitable for tourists that go to The Maldives (in June 2015, 38 people were killed at a beach resort in Sousse, Tunisia by an ISIS gunman).[11]

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This week, Nasheed was released for 30 days to go to London for spinal surgery.[12] Since arriving, he met with Prime Minister David Cameron to discuss sanctions on the Maldives.[13] Cameron stated to Parliament that “Britain was prepared to consider targeted action individuals if further progress isn’t made.”[14] Cameron and Nasheed also agreed on a Commonwealth meeting in the Maldives next month to give the Maldivian government an opportunity to have “an open dialogue and free all remaining political prisoners swiftly.”[15] On January 13, Amal Clooney visited with Obama administration officials and members of Congress to discuss sanctions to be placed on the Maldives.[16] Congress seemed to openly support the cause. Further, the Australian government asked travelers going to the Maldives to “exercise a high degree of caution.”[17]

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What is happening to Nasheed is a true travesty. Frankly, I am surprised that the Western world or even powerful, more developed Asian countries have not gotten involved. Although, no country should interfere with another country’s sovereignty, it is truly alarming that the Maldives has the highest per capita of ISIS recruits in the world and no one seems to want to take action. The United States has had this information, yet we have not made this a national security priority; although the U.S. and Britain are considering sanctions. Neither country, however, has taken affirmative action or has even stated a more solid plan if sanctions are ineffective.  While sanctions may be effective to correct the wrong against Nasheed, sanctions will not stop ISIS recruitment on the island. Preventing such recruitment should be a huge priority for the entire international community. Sanctions are not enough and the U.S. should not let the beautiful white sandy beaches and crystal blue waters cloud its judgment. Stopping terrorism should always trump tourism.

 

[1] http://www.cnn.com/2015/09/12/opinions/maldives-vice-president-ahmed-adheeb/

[2] http://www.independent.co.uk/news/people/amal-clooney-wins-the-day-as-un-rules-former-maldives-president-was-unlawfully-jailed-a6680986.html

[3] http://raeesnasheed.com/about

[4] http://www.nbcnews.com/news/world/amal-clooney-takes-maldives-human-rights-battle-washington-n496051

[5]http://raeesnasheed.com/about

[6] http://www.nbcnews.com/news/world/amal-clooney-takes-maldives-human-rights-battle-washington-n496051

[7] http://www.independent.co.uk/news/people/amal-clooney-wins-the-day-as-un-rules-former-maldives-president-was-unlawfully-jailed-a6680986.html

[8] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354

[9] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354

[10] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354

[11] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354

[12] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354

[13] http://in.reuters.com/article/britain-maldives-nasheed-idINKCN0V51MB

[14] http://in.reuters.com/article/britain-maldives-nasheed-idINKCN0V51MB

[15] http://in.reuters.com/article/britain-maldives-nasheed-idINKCN0V51MB

[16] http://www.nbcnews.com/news/world/amal-clooney-takes-maldives-human-rights-battle-washington-n496051

[17] http://www.abc.net.au/news/2016-01-27/maldives-former-president-calls-for-sanctions-amid-terror-threat/7114354


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The Visa Waiver Program’s New and Improved Two-Tier System

Shane Bagwell

America’s most recent change to its immigration system has been a disastrous oversight of secondary consequences that often come as the result of hasty, reactionary politics. Updates to the Visa Waiver Program were generally positive, but a provision included in the update meant to restrict the travel rights of certain groups backfired. Here we will review the program, the changes, and the potential repairs planned for VWP.

The Visa Waiver Program authorizes citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, avoiding the burden of applying through a U.S. Embassy or Consulate prior to entry into the country.[1] Started in 1986, the program was intended to facilitate tourism and short-term business stays, while cutting red tape and shifting State Department resources to more high priority tasks.[2]

Countries which are currently authorized under the Visa Waiver Program:

VWP

 

In light of recent events around the world, anti-immigrant, anti-refugee, and anti-Muslim sentiments have been inflamed, particularly in the west. As a result of these fears, the U.S. Congress passed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015”, section 3 of which prevented persons from entering the United States under the Visa Waiver Program if the person: “has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and regardless of whether the alien is a national of a program country, is not a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern.”

The second part of this change, that “regardless of whether the alien is a national of a program country” a person may be excluded as a member of a class due only to their other citizenship has been most troubling to civil rights advocates and others.[3] There has been particular uproar from the Iranian-American community, due in part to the fact that Iranian citizens are unable to renounce citizenship, and it passed down to children in certain situations. For example, Article 976 of the Civil Code of Iran states that a child born to an Iranian father, no matter where they may have been born, is an Iranian citizen. This means that, for citizenship purposes, a child whose grandfather was Iranian, but who has no cultural or political ties to Iran may be an Iranian citizen through patrilineal descent.

The second section of the act failed to make exceptions for any group visiting countries such as Syria or Iraq for legitimate purposes. The Obama administration announced that certain groups would be exempted from the visa requirement, such as journalists, humanitarian workers, those traveling on behalf of international organizations or local governments, as well as those who have visited Iraq for “legitimate business-related purposes,” or travelled to Iran after July 14, 2015.[4] These actions have received pushback from Republicans, who believe that the unilateral granting of exemptions was not authorized in the bill.

PassportControl

Because the Visa Waiver Program is reciprocal, there is a likelihood that these restrictions will be matched by partner countries.[5] Rep. Jared Hauffman (CA-2)., in a letter to President Obama, stated that “[b]ecause the VWP is founded on reciprocity, our U.S. citizen constituents are concerned that this exclusion could result in our VWP partners severely restricting, or entirely ending, visa-free travel for certain U.S. citizens.” This presents an awkward circumstance for Americans who hold multiple citizenships, either by choice or involuntarily.

Rep. Justin Amash (MI-3) introduced the Equal Protection in Travel Act of 2016 on January 13th to repeal the controversial section that applies only to dual nationals of Visa Waiver Program countries.[6]  The bill has received broad bipartisan support, but, in an unpredictable Congress, nothing is certain. As such, it is possible that the restrictions could remain in place, and that retaliatory measures could be taken reducing the utility of U.S. passports for dual nationals under the program.

Until the Equal Protection in Travel Act is signed in to law, the status of dual nations in Visa Waiver Program countries remains in flux. Without swift congressional action, the rules will remain in place, and could cause chaos for dual national travelers within the network. It is worth noting that Canadian citizens are visa exempt and are not participants in the Visa Waiver Program, and therefore the new restrictions do not apply to Canadian citizens who have dual nationality in one of the specified countries.[7]

Shane Bagwell is a 3L at the University of Baltimore School of Law, and a graduate of West Chester University with a Bachelor of Arts in Political Science. He currently serves as the President of the Military Law Association. His interests are Middle Eastern politics, international conflicts, and the law of land warfare. He is currently a law clerk for the Office of the State’s Attorney for Baltimore City, Economic Crimes Division.

[1]     “Visa Waiver Program,” U.S. Dept. of State, https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

[2]     Visa Waiver Permanent Program Act, Pub. L. 106-396, https://www.gpo.gov/fdsys/pkg/PLAW-106publ396/html/PLAW-106publ396.htm

[3]     These Changes To Tighten Visa Waiver Program Are Now In Effect, NPR. http://www.npr.org/sections/thetwo-way/2016/01/21/463846286/these-changes-to-tighten-visa-waiver-program-are-now-in-effect

[4]     Visa Waiver: U.S. Visa Rules Eased For Some European Travelers Who Visit Terrorist Hotspots, HNGN. http://www.hngn.com/articles/172169/20160122/visa-waiver-u-s-rules-eased-european-travelers-who-visit.htm

[5]     Austin, L. G. (2015, December 18). Visa Waiver Program Improvement Act short on prevention but punitive towards Iranian Americans, the Hill. http://thehill.com/blogs/congress-blog/foreign-policy/263661-visa-waiver-program-improvement-act-short-on-prevention

[6]     Equal Protection in Travel Act of 2016, H.R.4380, 114th Cong. (Referred to the House Committee on the Judiciary 1/13/2016)

[7]     8 CFR §212.1(a)

 


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Wake Up World! Boko Haram is Here to Stay!

Annielle Makon

Although Boko Haram (translated means “western education is a sin”) has been functi since 2002, until recently it did not have international name recognition.  Boko Haram is considered a terrorist, militant, and Islamic group, based in northeast Nigeria, but they also carry out activities in neighboring Chad, Niger and Cameroon. [1] Boko Haram, led by Abubakar Shekau, has been linked to al-Qaeda and ISIS.[2] They have caused havoc in Africa’s most populous country through a wave of bombings, assassinations and abductions, they are fighting to overthrow the government and create a pure Islamic state rule by sharia law.[3]  They have been labeled as a terrorist organization by several countries (including the United States), yet that is as far as the international community has gone in dealing with their actions (aside from the infamous #BringBackOurGirls Twitter campaign). Boko Haram acts with impunity. As they continue to gain notoriety, Nigeria and the international community need to start paying attention to them, hold them accountable for their actions, and resolveto prevent any future attacks from Boko Haram.

Boko Haram

Between July 2009 and June 2014, Boko Haram has killed over 5,000 civilians. [4]  Since 2009 Boko Haram have abducted more than 500 men, women and children, famously, including the kidnapping of 276 schoolgirls from Chibok in April 2014.[5] Their most horrific act was the massacre of 2,000 civilians in January 2015.[6] Most of the victims were women, children and elderly people who could not escape after fighters drove into the town firing rocket-propelled grenades and other weapons at local residents.[7] Corruption in the security services and human rights abuses committed by the terrorist group have hampered efforts to counter the unrest.[8] 650,000 people had fled the conflict zone by August 2014, an increase of 200,000 since May; by the end of the year 1.5 million had fled.[9] Yet, Nigeria and the international community have failed to actively thwart Boko Haram efforts.

Should the World Care? Yes, absolutely!

Boko Haram Pie Chart

Boko Haram’s latest attack is part of a growing trend. Violence has drastically increased since 2009.[10] The number of deaths is rising year to year and that is an indication that the threat is growing in a relatively short time span. Boko Haram has killed as many people as the Islamic State.[11] The United States has made active strides to thwart ISIS because they pose a threat to the United States interest abroad and attempting to avoid another Middle Eastern conflict.[12] Yet, nothing has been done about Boko Haram. The violence is increasing because they have been left unattended to wreck havoc in Nigeria. Nigeria’s government is unable to combat Boko Haram alone. Nigeria President Goodluck Jonathan declared a state of emergency in 2013 and, even after the state of emergency, Boko Haram attacked several military bases, bombed a busy bus terminal in the capital, Abuja (twice), and launched the kidnapping of more than 200 schoolgirls from Chibok.[13] Nigeria military lacks the modern equipment, training and motivation to sufficiently fight Boko Haram.[14]

As long as the world views Boko Haram as simply Nigeria’s problem, nothing will prevent them from committing more terrorist acts.  Many believe that Boko Haram is focus on Nigeria, with no interest in attacking the West.[15] However, the danger of this belief is that there is no guarantee that they will be satisfied with just turning Nigeria into a pure Islamic state.  What will the world do when Boko Haram is no longer isolated in Nigeria?

Boko Haram Attacks Graph

What Can or Should Be Done?

First, and foremost, reform needs to start within Nigeria.  President Goodluck Jonathan needs to focus on the issue of security and increase funds for the military to adequately train and equip these forces to combat Boko Haram.  Additionally, there needs to more effective allocation of national funds to the areas targeted by Boko Harm. Furthermore, the Nigerian government needs better intelligence gathering resources so that they can better prevent Boko Haram’s attacks. Most importantly, Nigeria needs to request and accept assistance from the international community. The United States has agreed to help combat Boko Haram by providing military and intelligence assistance.[16] France, too, can play role in pressuring neighboring Cameroon, Niger, and Chad to ramp up information sharing and cooperation through the Multinational Joint Task Force.[17] The Nigerian government needs to put the priority of its citizens ahead of its own need to portray itself as a regional power of West Africa in order to combat Boko Haram.

Annielle Makon is a third year student at the University of Baltimore School of Law J.D. Candidate (’15). She holds a Bachelor of Arts in Political Science and a minor in Sociology from the University of Maryland Baltimore County. While studying Political Science, Annielle developed a passion for human rights and international relations. In addition to being a CICL Student Fellow, Annielle is an Associate Editor on the Journal of International Law. Annielle also interns at Amnesty International in the Sub-Saharan Africa unit.

[1] Andrew Walker, What is Boko Haram?, United States Institute of Peace (March 30, 2012),  http://www.usip.org/publications/what-boko-haram.

[2] Id.

[3] Farouk Chothia, Who are Nigeria’s Boko Haram Islamists? BBC News Africa (January 21, 2015), http://www.bbc.com/news/world-africa-13809501.

[4] Id.

[5] Id.

[6] Sophia Kleeman, One Chart Shows Why the World Should Care About Boko Haram, WorldMic  (January 13, 2015), http://mic.com/articles/108328/one-chart-shows-why-the-world-should-care-about-boko-haram?utm_source=policymicTWTR&utm_medium=main&utm_campaign=social.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Chothia, supra note 5.

[14] Chothia, supra note 5.

[15] Walker, supra note 1.

[16] Jason Warner & Jacob Zenn,  After kidnappings, Nigeria must step up, The Boston Globe (May 15, 2014), http://www.bostonglobe.com/opinion/2014/05/15/boko-haram-kidnappings-nigeria-must-step/p69X3KAaGqTVpX4WnKMr2K/story.html.

[17] Id.


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The Drones are Coming, the Drones are Coming…

Matthew Matechik 

A man drives his beat up old Toyota truck down a dirt road meandering through sparse terrain. Unbeknownst to him, his every move is being watched. For a brief, almost imperceptibly, short moment he hears a loud noise. A flash! And just like that, the man is instantly dead. His body is disintegrated amidst the rubble that was his truck. A missile fired from an unseen unmanned aerial vehicle (UAV or “drone”) has eliminated its target with ruthless efficiency. The strike is the successful culmination of countless hours spent finding the man, confirming his identity, confirming his affiliation, analyzing his movements, considering the legality of a strike, and finally identifying an opportunity that minimizes non-combatant casualties.

predator-firing-missile4

This scene or something like it has played out numerous times during America’s post 9/11 “War on Terror.” Drones target terrorist combatants in places like Afghanistan, Pakistan, Somalia, and Yemen (where just last week an American drone strike reportedly killed senior al-Qaida in the Arabian Peninsula (AQAP) leader Harith bin Ghazi al-Nadhari[i]).

The drone program has been effective. According to some unconfirmed reports, drone strikes have killed as many as 2,000 combatant terrorists in Pakistan alone and the frequency of strikes has increased dramatically since President Obama entered office.[ii]  The drone has become a proven weapon in the ongoing fight against global terrorism. The US government has asserted that the strikes are legal under international law because they are carried out in self-defense against persons who present a continuing imminent threat and are affiliated with al-Qaida and associated forces with which the US is at war. The US further asserts that the strikes are in accordance with the Geneva Convention because the drone’s advanced technology, most notably its precision, minimizes civilian casualties and collateral damage.[iii]

The UN has criticized the US position as being based on too broad a definition of “imminence,” which must exist in order for self-defense to be legally justified.[iv] The UN critique exposes a potential problem the US has created by setting this precedent. Other nations, perhaps as many as 87 of them, are quickly building or already have their own drone fleets.[v] What will happen when these nations’ drone technology catches up to that of the US? What if those nations are hostile toward the US or its allies? Will they rely on the US understanding of self-defense to likewise justify anonymous killings of persons located outside their territory?

chinese-drones

Consider the Chinese, whose drone capabilities are rapidly catching up to those of the United States.[vi] China could easily apply the American legal argument to justify killing someone they claimed to be a Uighur separatist located in Kazakhstan, for example. What about an ethnic Uighur who happens to be a United States citizen? Could China use the American self-defense argument to justify killing this American? It would appear so as long as China deemed the American to be associated with a fighting force that China is engaged in armed conflict with. Take the logic a few steps further and it quickly becomes clear that any country could feasibly kill persons located abroad using drones by stretching the self-defense argument to suit the needs of the day.

The hypotheticals above are not far fetched. The drones are coming. The drones are coming and currently there is no formalized body of international law to regulate them beyond the general laws of war. We have the American precedent to go on but not much else.

russian-drones-omg

An international treaty governing the use of combat drones could alleviate concerns of widespread death from above. The drones do not represent the first time that technology has evolved faster than international law. At one time for example, the US was the only nation with nuclear weapons. As other nations gained the same technology, the nuclear-armed nations were able to form international treaties to regulate their use. Even enemies came to the table in the interest of humanity. So far the regulations have, thankfully, worked, at least in the sense that humans have not wiped themselves off the Earth yet. Perhaps a similar spirit of cooperation can inspire international regulation of drone warfare, although success could be difficult to come by given the high number of nations with drones.

The drones are coming. When they do, where will the battlefield be? Who will be targeted in self-defense? Can international law find a way to regulate the situation before it gets out of control? Time will tell. In the meantime, keep your eye on the sky. The drones are coming.

Matthew Matechik is an Evening J.D. student at the University of Baltimore School of Law (Class of 2016). He currently works full-time for the U.S. Federal Government as a Counterterrorism Analyst. He has a Bachelors of Arts (Magna Cum Laude, 2008) from Florida State University. All views in this blog post are Matthew’s own views and do not represent that of the U.S. Government. 

[i] http://www.cnn.com/2015/02/05/world/yemen-violence/index.html

[ii] This number is an estimate. Casualty estimates vary wildly. Official reports are not available. http://www.washingtonpost.com/world/national-security/drone-strikes-killing-more-civilians-than-us-admits-human-rights-groups-say/2013/10/21/a99cbe78-3a81-11e3-b7ba-503fb5822c3e_story.html

[iii] http://www.npr.org/templates/story/story.php?storyId=125206000; http://jurist.org/forum/2013/10/jordan-paust-drones-justification.php

[iv] http://www.globalresearch.ca/drone-warfare-findings-of-u-n-reports-on-extrajudicial-and-arbitrary-executions/5355601

[v] http://www.washingtontimes.com/news/2013/nov/10/skys-the-limit-for-wide-wild-world-of-drones/?page=all

[vi] http://rt.com/news/china-stealth-drone-flight-127/


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Terror Victims’ Pursuit of Justice and the Necessary Limitations of Courts

Clark Smith

In a decision last month that reverberated most through the international banking community, a Brooklyn jury in a federal trial held liable Arab Bank for “providing material support to Hamas.”  In Linde v. Arab Bank, families of a number of American victims of terror attacks in Israel, Gaza, and the West Bank during Palestinian uprisings from 2001 to 2004 were pitted against an international bank with branches in those areas.  Filing suit in 2004, the victims’ families accused Amman-based Arab Bank of knowingly assisting Hamas financing a “death and dismemberment benefit plan” for martyrs and their families.  The case itself was described by lawyers as significant because it was the first civil case pertaining to terror financing to reach trial in a US court.  Despite the outcome, and noting that damages have yet to be addressed, attorneys for Arab Bank predict the verdict will be overturned on appeal due to errors pertaining to, among other things, the threat of sanctions against a foreign bank for failing to turn over lawfully private customer data.  In addition to the concerns of the international banking community, the verdict also raises questions about the impact to US intelligence efforts in tracking terrorist actions via their financial activities and to the President’s ability to carry out foreign affairs without interference from the Article III judiciary.

suicide-bomber-jerusalem

Since 9/11, the financial industries, indeed many technology-based data transfer industries, have stepped up their cooperation with governments’ anti-terror efforts.  But this verdict could lead to US-based banks severing relationships with foreign banks and customers, thus increasing the challenge to intelligence and other national security organizations in tracking terrorists’ financial networks.  Banking industry officials point out that the verdict may lead to US banks limiting risk by limiting business in designated regions.  The market for such illicit services will not diminish, however, but instead be driven deeper underground where they become much more difficult, and require more resources, to track.  Prudently, banks are likely to await the outcome of the appeal before taking specific actions to limit their risk.  But while governments’ ability to successfully track terrorists’ illicit financial networks is also at risk, a likely greater concern is the President’s ability to carry out the nation’s foreign affairs reasonably unimpeded.

Financial District And Banks In Jordanian Capital

While Arab Bank intends to address a number of substantive errors on appeal, their primary complaint was their inability to present a proper defense after being sanctioned for refusing to provide customer records protected by Jordan’s privacy laws.  The judge further permitted jurors to infer from the bank’s refusal to violate the Jordanian privacy laws that Arab Bank knowingly and willfully aided terrorists.  The State Department had urged the White House to support Arab Bank’s position in an amicus brief to the Supreme Court, asserting that forcing the bank to proceed under the sanctions put at risk a number of US foreign policy goals, including Middle East peace efforts.  Although the White House ultimately asked the Court not to review the issue, the Solicitor General’s amicus brief pointed to a number of lower court errors in their analysis which could undermine the President’s ability to carry out foreign affairs.

“The lower courts erred in suggesting that petitioner’s reliance on foreign bank secrecy laws in this private action did not reflect good faith simply because petitioner previously produced some of the documents to the Departments of the Treasury and Justice.  That reasoning fails to account for the distinct United States and foreign interests implicated when the government, as opposed to a private party, seeks disclosure.  It also threatens to undermine important United States [] national-security interests by deterring private entities and foreign jurisdictions from cooperating with government requests.  The United States has a compelling sovereign interest in obtaining documents located abroad for use in [] proceedings through which the government [] protects the Nation.  When it decides whether to seek documents assertively covered by foreign bank secrecy laws, the government balances the need for the information sought and the public interest in the investigation against the interests of the foreign jurisdictions where the information is located and any potential consequences for our foreign relations.”

The exterior of the U.S. Supreme Court is seen in Washington

Article III of the Constitution does provide that judicial power extends to various enumerated “cases and controversies,” some of which will certainly relate to foreign affairs.  But past Court opinions have acknowledged the Article III courts’ “customary policy of deference to the President in matters of foreign affairs.”  As the Solicitor General points out, courts should weigh the interests of private citizens’ claims against the interests of the US in conducting the nation’s foreign affairs.   But in so weighing such matters, courts should not invade this province of the Executive.

This case, weighing private citizens’ interests against those of the Administration in carrying out its foreign policy, will certainly be worth following on appeal.  In the unlikely event that the decision is upheld, the effects on national security and broader foreign policy interests could have far-reaching consequences on how the US engages abroad, friend and foe alike.

 

Clark Smith is a third-year law student pursuing a concentration in International Law. He has undergraduate and graduate degrees in Political Science and International Relations. In addition to being a Student Fellow, he is the Submissions Editor for the Journal of International Law. His previous experience includes work in both security and policy and his previous overseas postings include Western Europe, the Balkans, the Middle East, and South Asia. His professional interests include international development.