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17/6/2009 Creating a Domestic Terror Court

Amos N. Guiora

This article is part of the SSRN Legal Studies Research Paper Series and can be also viewed via the SSRN website.

President Barack Obama has stated that among his initial priorities as commander-in-chief is closing the United States detention facility in Guantanamo Bay. One of his first actions after taking office was to suspend all legal proceedings in Guantanamo so that the newly inaugurated president and his administration [can] review the military commission's process, generally, and the cases currently pending before military commissions, specifically. To that end, on January 22, 2009, President Obama signed an executive order requiring the closure of the Guantanamo Bay detention facility within one year. This Order raises numerous, highly problematic questions including: What do we do with the current detainees? Where will they go? How will they be tried? Will they be tried? What shall be done with future terrorism suspects?

Although President Obama has made his intentions clear, he has not, as of yet - according to media reports - determined what is the most effective manner to go forth with this enormously complex issue. Therefore, now is clearly the time to develop a working strategy to resolve the fundamental questions of where and how thousands of post-9/11 detainees are tried. For the reasons articulated below, I recommend establishing a domestic terror court (DTC) in the United States.

This article will detail the specific processes and procedures of such a court and seek to answer many of these difficult questions. In doing so, it is my hope that this article will act as a guide for policy makers in articulating, developing, and implementing a process from detention to trial of individuals suspected of involvement in terrorism. A lawful civilian process, subject to independent judicial review, is the constitutional, intellectual, and philosophical underpinning of this proposal. In detailing the nuts and bolts of the proposed DTC. Though I will briefly address why the DTC proposal should be adopted, the primary emphasis in this article is to fill in the blanks as to the workings of the court.

2/5/2009 Iran and the Left: "Revolutionary" abroad, Repressive at Home

Ely Karmon

This article exposes the paradoxical lack of coherence in the behavior of the Iranian regime in deepening its ties with the leftist governments in Latin America while it wages an implacable repression against its own leftist groups at home.

15/4/2009 Iran and its Proxy Hezbollah: Strategic Penetration in Latin America

Ely Karmon

This working paper provides a comprehensive analysis of Iran's ongoing penetration into Latin America, with its multifaceted strategic use of proxies, ideological, political and economic means.

23/3/2009 After Annapolis’ failure: The chances of the Israeli-Palestinian peace process in the light of Hamas’ control of Gaza

Diego Baliani

Presented at the Second bilateral ICT-Italian conference titled "The Threat of Terrorism to the Stability in the Middle East" in December 2008, this paper provides a comprehensive strategic analysis of the Israeli-Palestinian peace process more than one year after the Annapolis conference and in the aftermath of IDF operation "Cast Lead" in Gaza.

12/2/2009 Strategic Miscalculation by the LTTE

Shanaka Jayasekara

Currently, Sri Lanka is at the threshold of being the second example of an absolute victory over a terrorist group, the Liberation Tigers of Tamil Eelam. The defeat of the LTTE is much a success of the Sri Lankan military as it is a grave miscalculation by the LTTE.

29/1/2009 Islamization or Secularization of the Palestinian Cause

Jonathan Fighel

Muhammad Dahlan: “There is no difference between Al-Qaeda and Hamas”. The Palestinian national aspirations, as traditionally reflected by Muhammad Dahlan, towards a rational pragmatic two states solution, are threatened by the Islamic Hamas. Hamas’ maximal, irrational radical Islamic aspirations pose an internal Palestinian danger to the very existence of the PLO, Fatah and the Palestinian Authority. Al Qaeda and Hamas, as representing the radical Islamic threat perception, are bonded together by Dahlan as a major factor in shattering the Palestinian dream.

This article is an updated version of a paper first published in Circunstancia, Year VII, Nº 18, January 2009, a journal of the Spanish Foundation Jose Ortega y Gasset, in colaboration with the Royal Elcano Institute.

23/1/2009 Radical Islam in Chechnya

Artem Kroupenev

The permeation of radical Islam in Chechnya has served a multi-faceted function. It has been the vehicle of separatist resistance, a platform of political strife and conflict, a source of funding and external support and a unifying ideological principle that, in its various interpretations, has brought both hope and destruction for the Chechen society. More often than not, Islam served as a political-ideological tool that brought the promise of legitimacy and was the main source of contention between the Chechen political factions. For 21st century Russia, radical Islam in Chechnya provided a different type of challenge – one that turned into an opportunity for justifying its counter-terrorist operations in the Caucasus.

7/1/2009 Israel’s Battle in Gaza - The Future of the Palestinian Cause

Jonathan Fighel

The success of Israel’s military campaign to reach its security objectives and crack Hamas, as declared by the Israeli government, will have a direct impact on the Islamization and radicalization of the Palestinian issue as represented by Hamas, which poses a direct threat for any potential progress towards peace between Israel and the Palestinians.

7/1/2009 Deconstructing the Pakistani Response to the Mumbai Attack

Sharad Joshi

Islamabad’s response to the Mumbai attack highlights its unwillingness to accept the involvement of Pakistani entities. Such an attitude diminishes further the credibility of Pakistan’s commitment to counter-terrorism and has longer-term implications for South Asian security.

5/1/2009 Gaza/Hamastan, Platform for Iranian Destabilization of the Arab World

Ely Karmon

Hamas-ruled Gaza emerged on Israel's southern border as an extremist state, allied with Iran, Syria and Hizballah, with a good chance of taking over the West Bank and affecting the stability of Jordan, Egypt and possibly also the Islamic Movement in Israel. It is imperative therefore for Israel to win decisively the present war against Hamas, the first step in order to back off the successful (until now) Hamas-Iranian coalition.

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