Terrorism
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Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.

His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.


Abstract

What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.

Reuben W. Hills Conference Room

Aziz Huq Assistant Professor of Law, The University of Chicago Law School Speaker
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Reuben W. Hills Conference Room

Jacob Shapiro Assistant Professor of Politics and International Affairs, Princeton University; Co-director, Empirical Studies of Conflict Project Speaker
David Blum Predoctoral Fellow, CISAC Commentator
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From Harper Collins publishers:

Offering a clear analysis of the danger of nuclear terrorism and how it can be prevented, The Partnership sheds light on one of the most divisive security issues facing Washington today. Award-winning New York Times journalist Philip Taubman illuminates our vulnerability in the face of this pressing terrorist threat—and the unlikely efforts of five key Cold War players to eliminate the nuclear arsenal they helped create. Bob Woodward calls The Partnership a “brilliant, penetrating study of nuclear threats, present and past,” and David Kennedy writes that it is “indispensable reading for all who would understand the desperate urgency of containing the menace of nuclear proliferation."

 

Book Description

A terrorist attack with nuclear weapons is the most dangerous security issue America faces today—and we are far more vulnerable than we realize. Driven by this knowledge, five men—all members of the Cold War brain trust behind the U.S. nuclear arsenal—have come together to combat this threat, leading a movement that is shaking the nuclear establishment and challenging the United States and other nations to reconsider their strategic policies.

Illuminating and thought-provoking, The Partnership tells the little-known story of their campaign to reduce the threat of a nuclear attack and, ultimately, eliminate nuclear weapons altogether. It is an intimate look at these men—Henry Kissinger, George Shultz, Sam Nunn, William Perry, and the renowned Stanford physicist Sidney Drell—the origins of their unlikely joint effort, and their dealings with President Obama and other world leaders. Award-winning journalist Philip Taubman explores the motivations, past conflicts, and current debates that drive, and sometimes strain, their bipartisan partnership. Through their stories, he examines the political and technological currents that shaped nuclear strategy during the Cold War—including the 1986 Reykjavik summit, at which Reagan and Gorbachev narrowly missed a landmark agreement to eliminate nuclear weapons—and illuminates how the end of that conflict gave rise to the dangerous realities of today. He reveals the heated discussions taking place in Washington and in nuclear-weapons laboratories, and spotlights current threats and the frantic efforts of America and its allies to prevent the spread of fissile materials.

Meticulously researched and compellingly told, The Partnership demands that we turn our attention to an issue that has the potential to alter our world order. Philip Taubman has provided an important and timely story of science, history, and friendship—of five men who have decided the time has come to dismantle the nuclear kingdom they worked to build.


Critical Praise for The Partnership


The Partnership artfully weaves the threads of five notable lives into a fascinating account of nuclear strategizing over the last five decades. This unfailingly compelling narrative is indispensable reading for all who would understand the desperate urgency of containing the menace of nuclear proliferation.”
— DAVID KENNEDY, PROFESSOR OF HISTORY EMERITUS, STANFORD UNIVERSITY


“This brilliant, penetrating study of nuclear threats is in the tradition of David Halberstam and Neil Sheehan. Taubman has, perhaps as importantly, unlocked the history of the war we never had. Readers will tremble at the dangers the world has faced and still faces today.”
— BOB WOODWARD


“A richly detailed account of one of the most important issues of our time, The Partnership should be on the bedside of every presidential candidate, national affairs journalist and engaged citizen.”
— TOM BROKAW

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The four-volume Encyclopedia of Global Studies covers the field of global studies and subjects related to it, such as globalization, transnational activity and themes of global society. This encyclopedia is written for the educated general reader as well as students and professionals working in the field of global studies. It is the first encyclopedia of its kind, and aims to become the internationally-recognized reference work for academics, policymakers, and practitioners interested in the various dimensions of globalization. It provides succinct summaries of concepts and theories, definitions of terms, biographical entries, and organizational profiles; offers a guide to sources of information; and establishes an overview of Global Studies in different parts of the world and across cultures and historical periods.  The wide range of subjects covered include the following:
            - intellectual approaches, such as global sociology, political economy, world systems theory, peace and conflict studies, and communications;
            - global and transnational topics, such as cross-border conflicts and terrorism, worldwide health crises and climate disruption, the planetary immigration patterns and new cultural diasporas, and the seemingly boundless global market, rapid communications, and transnational cyberspaces devised by technology and new media.

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The SAGE Encyclopedia of Global Studies
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The four-volume Encyclopedia of Global Studies covers the field of global studies and subjects related to it, such as globalization, transnational activity and themes of global society. This encyclopedia is written for the educated general reader as well as students and professionals working in the field of global studies. It is the first encyclopedia of its kind, and aims to become the internationally-recognized reference work for academics, policymakers, and practitioners interested in the various dimensions of globalization. It provides succinct summaries of concepts and theories, definitions of terms, biographical entries, and organizational profiles; offers a guide to sources of information; and establishes an overview of Global Studies in different parts of the world and across cultures and historical periods.  The wide range of subjects covered include the following:
            - intellectual approaches, such as global sociology, political economy, world systems theory, peace and conflict studies, and communications;
            - global and transnational topics, such as cross-border conflicts and terrorism, worldwide health crises and climate disruption, the planetary immigration patterns and new cultural diasporas, and the seemingly boundless global market, rapid communications, and transnational cyberspaces devised by technology and new media.

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The SAGE Encyclopedia of Global Studies
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The four-volume Encyclopedia of Global Studies covers the field of global studies and subjects related to it, such as globalization, transnational activity and themes of global society. This encyclopedia is written for the educated general reader as well as students and professionals working in the field of global studies. It is the first encyclopedia of its kind, and aims to become the internationally-recognized reference work for academics, policymakers, and practitioners interested in the various dimensions of globalization. It provides succinct summaries of concepts and theories, definitions of terms, biographical entries, and organizational profiles; offers a guide to sources of information; and establishes an overview of Global Studies in different parts of the world and across cultures and historical periods.  The wide range of subjects covered include the following:
            - intellectual approaches, such as global sociology, political economy, world systems theory, peace and conflict studies, and communications;
            - global and transnational topics, such as cross-border conflicts and terrorism, worldwide health crises and climate disruption, the planetary immigration patterns and new cultural diasporas, and the seemingly boundless global market, rapid communications, and transnational cyberspaces devised by technology and new media.

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The SAGE Encyclopedia of Global Studies
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The four-volume Encyclopedia of Global Studies covers the field of global studies and subjects related to it, such as globalization, transnational activity and themes of global society. This encyclopedia is written for the educated general reader as well as students and professionals working in the field of global studies. It is the first encyclopedia of its kind, and aims to become the internationally-recognized reference work for academics, policymakers, and practitioners interested in the various dimensions of globalization. It provides succinct summaries of concepts and theories, definitions of terms, biographical entries, and organizational profiles; offers a guide to sources of information; and establishes an overview of Global Studies in different parts of the world and across cultures and historical periods.  The wide range of subjects covered include the following:
            - intellectual approaches, such as global sociology, political economy, world systems theory, peace and conflict studies, and communications;
            - global and transnational topics, such as cross-border conflicts and terrorism, worldwide health crises and climate disruption, the planetary immigration patterns and new cultural diasporas, and the seemingly boundless global market, rapid communications, and transnational cyberspaces devised by technology and new media.

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Charles Perrow is famous worldwide for his ideas about normal accidents, the notion that multiple and unexpected failures--catastrophes waiting to happen--are built into our society's complex systems. In The Next Catastrophe, he offers crucial insights into how to make us safer, proposing a bold new way of thinking about disaster preparedness.

Perrow argues that rather than laying exclusive emphasis on protecting targets, we should reduce their size to minimize damage and diminish their attractiveness to terrorists. He focuses on three causes of disaster--natural, organizational, and deliberate--and shows that our best hope lies in the deconcentration of high-risk populations, corporate power, and critical infrastructures such as electric energy, computer systems, and the chemical and food industries. Perrow reveals how the threat of catastrophe is on the rise, whether from terrorism, natural disasters, or industrial accidents. Along the way, he gives us the first comprehensive history of FEMA and the Department of Homeland Security and examines why these agencies are so ill equipped to protect us.

The Next Catastrophe is a penetrating reassessment of the very real dangers we face today and what we must do to confront them. Written in a highly accessible style by a renowned systems-behavior expert, this book is essential reading for the twenty-first century. The events of September 11 and Hurricane Katrina--and the devastating human toll they wrought--were only the beginning. When the next big disaster comes, will we be ready?

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The supercommittee's failure to reach an agreement on debt reduction will probably result in unexpected reductions of the U.S. nuclear arsenal. That possibility concerns the defense establishment, but it also presents an opportunity: It might finally be possible to have an honest debate about the role of nuclear weapons in U.S. strategy and the prospect for further arms reductions.

Before moving ahead with this conversation, though, it is critical to review and debunk three misguided ideas about nuclear weapons.

The first is that our nuclear world is safe and stable and that all we need to do now is prevent other nations from acquiring nuclear weapons. Though it is undoubtedly true that the U.S. stockpile is safer than ever, the dangers are far from over. Nuclear terrorism remains a threat. Mistakes are possible, too. In just one example, in August 2007, six nuclear warheads disappeared for two days between North Dakota's Minot and Louisiana's Barksdale Air Force bases.

What's more, unsafe nuclear weapons elsewhere remain a major threat. Tensions between nuclear India and Pakistan, the security of the Pakistani nuclear arsenal and the future of the North Korean nuclear weapons program all suggest that the commitment to making U.S. weapons more reliable and secure will not solve the problem.

The second piece of nuclear mythology is that nuclear disarmament has never taken place and never will. Put slightly differently, it is the idea that nuclear history is proliferation history. But nuclear disarmament is far from unprecedented. South Africa, Ukraine, Belarus and Kazakhstan all disarmed. Many nuclear-capable states chose to pursue security without nuclear weapons because policymakers recognized these weapons would endanger rather than protect them. Sweden went down the nuclear path and then decided against it in the late 1960s.

Germany had a nuclear weapons program during World War II but became a law-abiding, non-nuclear member of the Non-Proliferation Treaty. Japan had two nuclear weapons programs during the war and accumulated a significant quantity of plutonium; since then, its authorities thought about restarting a weapons program four times but decided against it.

In each of those cases, most analysts did not believe that giving up nuclear weapons ambitions was possible. They were wrong, and today we all are glad these countries chose the path they did.

The third misguided concept is that reducing the size of the U.S. nuclear arsenal will lead to proliferation. Those who believe this think that countries that no longer feel protected by U.S. nuclear weapons will start building their own to protect themselves. Although this might have some validity, it should be assessed on a case-by-case basis.

Historically, many of the states that have disarmed or given up their nuclear-weapon ambitions - including every non-nuclear nation outside of NATO - have done so despite the absence of a nuclear-security guarantee.

On the other hand, states determined to get the bomb, such as the United Kingdom and France, have done so despite security guarantees. Finally, this argument assumes that the role of nuclear weapons in future alliances and geopolitical relationships will be as important as it was in the past. This might be true, but it cannot be considered a fact. It is just a bet on the future and a set of policy priorities.

In 2007, "the four horsemen" - Henry Kissinger, Sam Nunn, William Perry and George Shultz - wrote a highly influential opinion piece in the Wall Street Journal arguing that relying on nuclear weapons for the purpose of deterrence has become "increasingly hazardous and decreasingly effective." Coming from former Cold Warriors from both sides of the political aisle, it legitimized the goal of a world without nuclear weapons and challenged the conventional wisdom.

Now policymakers in Washington and candidates on the electoral trail should embrace the issue, and begin a real conversation with the electorate about the role of nuclear weapons in U.S. policy rather than allowing that policy to be driven by inertia or budget cuts.

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When Asia’s leaders gather in Honolulu next week for the annual Asia Pacific Economic Cooperation summit, Americans will get a glimpse of the Obama administration’s hyperactive Asia agenda. While America has always been a Pacific nation, the Obama administration is now beginning to match the world’s most populous and economically dynamic region with America’s own brand of energy and leadership.

Before President Barack Obama alights on the tarmac in Honolulu, he will have prepared the way to lead anew in Asia. Among a number of significant “firsts” for our nation in the region are:

  • President Obama in 2009 became the first U.S. president ever to attend a meeting with all 10 leaders of the nations that comprise the Association of South East Asian Nations.
  • The United States in 2010 became the first non-ASEAN country to establish a dedicated Mission to ASEAN in Jakarta.
  • Hillary Clinton was the first secretary of state in a generation to make Asia the destination of her first foreign trip.
  • Secretary Clinton also launched the “Lower Mekong Initiative,” a first-of-its-kind agreement between Cambodia, Laos, Thailand, Vietnam, and the United States to enhance cooperation in the areas of water and forest management, education, and health.

Now, President Obama will arrive in Honolulu to, among other things, attempt to get APEC nations to agree to lower tariffs on renewable energy products. He will also continue to negotiate the so-called Trans-Pacific Partnership, an Obama administration initiative with eight Asian nations, with the objective of shaping a broad-based regional trade pact that would include Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, and Vietnam. Look for announcements of Japanese participation and a framework for the TPP agreement to be announced alongside the APEC summit.

After the APEC summit, President Obama will travel to Bali and attend the East Asia Summit, a fairly new 18-nation security forum—becoming the first U.S. president to attend this annual meeting.

All this activity is especially dramatic following eight years of low-key engagement where Asians griped about missed meetings and America’s strategic attention was focused almost exclusively in the Middle East. But most importantly, there is a well-thought out strategy for re-engagement—a strategy based on renewing long-time allies, engaging seriously newly emerging powers with an eye on preserving stability in the Pacific, while building stronger economic ties to boost American trade, job creation, and long-term economic prosperity at home.

Our stalwart ally Japan was rocked by this year’s devastating earthquake and tsunami, and America is assisting in its recovery. Our alliance remains strong, and Japan continues to be an increasingly active U.S. partner in global affairs.

Relations with South Korea are better than they have ever been. The U.S. Congress just passed a historic free trade agreement, opening the South Korean market for a wealth of American goods. Twice in two years the Obama administration (over Chinese objections) deployed the USS George Washington to the Yellow Sea and the Sea of Japan to conduct exercises with South Korea in response to North Korean aggression. Last month, President Obama welcomed President Lee Myung-bak for a state visit, the first in 10 years by a South Korean president.

President Obama will visit Australia next week to announce a deepened military cooperation pact—building once again on a long-standing alliance. This follows on Secretary of State Clinton’s signing last year of the Wellington Declaration, a roadmap for deepening and expanding the bilateral relationship between the United States and New Zealand.

The Obama administration also is engaging more closely with emerging powers.

The administration in 2010 launched the U.S.-India Strategic Dialogue, which has broadened and deepened relations with New Delhi to include issues from cybersecurity and terrorism to negotiations over a bilateral investment treaty and energy cooperation. Obama also launched the U.S.-Indonesia Comprehensive Partnership, including a series of agreements that will help defense and trade relations. The administration is also working carefully behind the scenes with Myanmar’s new leadership to urge liberalization there.

All of this brings us to China. The flurry of Asian activity makes sense in its own right to further U.S. economic, cultural, and strategic interests, but it is also a component of U.S. policy toward China. The Obama administration’s China policy involves increasing America’s ability to compete with China, working with China where fruitful, and pushing back when China’s actions cross the line. While the U.S.-China relationship is never easy, the administration has avoided major crises and managed to sell Taiwan the largest arm sales packages in any two-year period over the past 30 years without a major breach of relations with Beijing.

Indeed, where cooperation is possible, it is underway. A joint clean energy research center with China is now open, more U.S. Food and Drug Administration officials are based in China to monitor the safety of food and drugs coming to the U.S. market. What’s more, the Obama administration has had some significant success working with Beijing on the nuclear activities of North Korea and Iran, though it has followed a one step forward, two steps back pattern.

The U.S. needs to be engaged in Asia to ensure that China’s rise contributes to stability and prosperity in the region. In 2010, for example, when China made a series of aggressive moves related to the South China Sea, Secretary of State Clinton joined with her counterparts from Southeast Asia, including countries close to China such as Vietnam in what has been called a “showdown,” to make clear their desire for a peaceful, multilateral approach to the conflicting territorial claims there. China backed off its more forward actions and most strident rhetoric.

Similarly, the United States is creating incentives for China to conform to international law and standards. That’s why the Obama administration is negotiating the Trans-Pacific Partnership—a trade pact with high standards to join. The idea is build consensus in the region about a coherent set of regulations that might push China in a helpful direction. TPP rules, for example, are likely to prohibit state-owned enterprises from getting government subsidies not available to privately owned companies, an issue on which Washington has been pushing Beijing hard, with only slow progress to show for it.

These sorts of initiatives are not part of a strategy of “containment” of China, which is not possible or desirable. No Asian country would ever sign up to an anti-China alliance—each, in fact, wants to strengthen its relationship with Beijing. But at the same time, they want America to stick close by. Even if containment were possible, America benefits more from a strong, prosperous China than a weak and resentful one.

Can America afford all this Asian engagement? We have to and we will. The coming years will demand strategic choices. The next time you hear someone complaining about U.S. troops leaving Iraq, remind them that the United States is now investing more wisely and more constructively in the most important region of the world.

Nina Hachigian is a Senior Fellow at the Center for American Progress.

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