Week 11 (POL101)

What happened after the 9/11 attacks to American civil liberties?

- A month after the attacks, Congress passed the USA Patriot Act o Mandate to punish terrorist acts in US and abroad and enhance law enforcement investigatory tools. o Loosened rules on surveillance and, consequently, lowered standards for warrants which infringed on freedom of speech and rights of privacy. - Government defended itself in saying that they have sacrificed liberty for safety and security.

Who was Al Qaeda and what was their effect?

- Al Qaeda was a new political actor. +2000 people died in these attacks.

Who created the term militant democracy? What were the 3 elements of theirs?

- First came about by KARL LOEWENSTEIN. He argued that only way for democratic states to stop fascist parties for using democratic elections to gain political power was to adopt special measures to limit the freedom and political rights of certain sectors of population (i.e. fascist sectors). 3 elements: o Concentrate power in the executive o Use emergency powers o Pass ad hoc legislation to restrict rights of expression.

Jus ad bellum, jus in bello, and ad Jus post bellum in the context of War on Terror

- Important to reconceptualize the decision to go to war (jus ad bellum), how war is fought (jus in bello) and how conflict should end (jus post bellum)

Further explanation on reconceptualizing these "jus ad's"

- Jus ad bellum: consider the ethical (value human life) and practical (consider appropriate action) responsibilities instead of old notions of RIGHT INTENTION and LIKELIHOOD OF SUCCESS. - Jus in bello: should not just be about method, should be about proportionality (consider how serious the injury was to gage extent of retaliation) and discrimination (due to there being no battlefield, not just networks within civilian population for intelligence, must now distinguish between "active" and "non-active" threat. - Jus post bellum: originally, the just end to a war was based on a just cause and right intention for its tend or the public cessation by a legitimate authority. Now, it is a struggle between competing ideas using both hard and soft power (i.e. diplomacy, military) --> need containment policies (prioritizing self-defense as opposed to dominating rule over other state) as security is possible, but ending the war is not.

What is Just War theory? What must be done to it today?

- Just War theory has been used in the past to decide whether to go to war and methods used in war. - However, it must be adapted to the contemporary world; must be dynamic.

Why did the U.S. invade Iraq after 9/11? Effect?

- March 2003. - Two reasons: o U.S. government alleged that Iraq had WMD that they intended to use. o Saddam Hussein was allegedly assisting Al Qaeda operatives. *both of these claims were proven to be false. Evidence was probably fabricated to justify military intervention. - Government of Iraq was quickly deposed and a new coalition government was installed[AL1] . Western military intervention was to protect and stabilize the governments that had put in by this Western power.

What occurred at the 2000 elections and how did this new president's popularity increase post 9/11?

- November 2000, Bush had lost popular vote in election against democratic candidate Al Gore. Because of electoral college, Bush won. His approval ratings improved at 90% after the attack. o "The War on Terror" - designed to give the president whatever actions they deem appropriate to deal with terrorism.

What controversial thing did Obama's administration do in Post 9/11 era? Who did something similiar to this in 2005?

- Obama's administration collecting phone records and access internet activity of millions of Americans. - In 2005, President George W. Bush authorized this without court permission, again stirring intense civil liberty concerns.

Example of militant democracy today?

- Patriot Act was militant democracy. No warrant, no oversight, and no accountability

What different positions do people take with regard to humanitarian intervention?

- West has no right to impose its liberal version of human rights on other countries that don't share those visions and should respect Islamic Sharia law. - Invasion is justifiable if a government is carrying out grave human rights abuses against its own population. - Invasion is justifiable if a government is harboring and operating in partnership with terrorists who pose a grave threat to the security of another nation.

Old Wars were....

- between legitimate authorities (states) - dispute over resources. - fought by combatants in uniforms (distinguished them). - face-to-face with. - Limited technology

New Wars are...

- not between legitimate authorities (9/11 was by fugitives from nearly every government). - no combatant/non-combatant distinction. - WMD (Weapons of Mass Destruction)

What is militant democracy? How did it oppose liberal democracy? What would we label militant democracy as?

- the use of legal restrictions on political expression and participation to curb extremist actors in democratic regimes. o Opposition to liberal democracy - that all political views are entitled to expression. - it is a paradox as it limits the protection of rights and freedoms; a fundamental principle of liberal democracy.

What is are the rules made within the Just War theory?

- values human life - calls for accountability - is pragmatic - only those with legitimate authority can go to war - if war not winnable, should not be fought. - Proportionality (minimum force to achieve goals). - Discrimination (no attack on civilians).

Why did the U.S. invade Afghanistan after 9/11

October 7th 2001, they invaded Afghanistan where Osama bin Laden was headquartered. Removed the Taliban from power and eradicated Al. Qaeda. - However, bin Laden's terror networks could not also be over.

Examples of the USA Patriot Act in effect?

o Encouraged arrests of suspicious people (sometime based on religion Muslim). o Barred humanitarian organizations in U.S. to give aid to organizations in Palestine If aid was going to go through Hammas. o Created culture of suspicion and entrapment by sending spies into Muslim communities. o Sanctioned torture and domestic surveillance.

Concerns about militant democracy?

o Government cannot fairly and justly decide whose rights and freedoms are curtailed to protect democracy. o How does government decide what is a real threat. § Can lead to unfair detaining/consequences (i.e. detaining Muslims for months or years). o How do we safeguard a country from the abuse of legal provisions to strengthen political party? § Power to the. executive undermines systems of checks and balances that is the institutional underpinning of democracy.

What was controversial about this invasion?

o Taliban protected Al Qaeda in Afghanistan. But, in Iraq, same human right abuses (which the international community wanted to protect), but Saddam Hussein had no relationship with terrorist groups that threatened other countries.