SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
Discussing the Wikileaks disclosures last week, New York Congressman Peter King urged Attorney General Eric Holder to designate the organization as a “foreign terrorist organization,” saying it “posed a clear and present danger to the national security of the United States.” A chorus was struck up almost immediately, with commentators and politicians following up on King’s demand.
In fact, the term “foreign terrorist organization” (FTO) is established in section 219 of the Immigration and Nationality Act, which empowers the Secretary of State (not the attorney general) to apply that label to foreign organizations, with immediate and severe consequences for those so labeled and those who communicate or deal with them in any way. The Secretary of State does not have carte blanche in this process. To qualify as an FTO, an organization must have been engaged in “terrorist activity” or “terrorism,” which are defined to include multiple acts of violence threatening U.S. persons or the national security of the United States. An organization cannot plausibly qualify as a “terrorist organization” simply by publishing documents that embarrass the government or particular politicians.
Pete King’s idea, though, is hardly original. Over the last decade the world has witnessed an explosion of cases in which the term “terrorist” has been applied to domestic political adversaries, journalists, lawyers, and others who present governments and hyperventilating politicians with unpleasant facts. Today the European Center for Constitutional and Human Rights has published a book entitled Blacklisted that meticulously documents this process, with a focus on abuse of the “terrorist” label in Europe. In the post 9/11 period, governments around the world increasingly used the term “terrorist” to muzzle people—insuring that they are denied access to the media, are not allowed to present challenges in court, and effectively disappear from the political stage. The worst abusers by far are authoritarian governments (Zimbabwe and Burma are good examples) that try to pin this label on democracy and human rights advocates. But this study also lays much blame at the feet of the United Nations, which has often allowed individual nations to call “terrorists” whomever they please.
As U.N. rapporteur Martin Scheinen points out in his foreword to the book, “There is a fundamental need for a broader public debate concerning the future of terrorist listings.” Listing foreign terrorist organizations is a powerful tool in the arsenal against terrorism, but it is also the subject of a great deal of official chicanery. If it is to be used effectively, then the international community, with the United States at the lead, has to focus more attention on the sort of conduct which will qualify a group as “terrorist.” Violence, particularly targeting innocent civilians indiscriminately, is an essential element of the definition. A government’s determination that its critics or political adversaries are “terrorists” must be subject to review by courts on the facts involving objective criteria. And the media and the public must be on the guard against political rhetoric that seeks to turn the concept of “terrorist organization” into a weapon against democracy itself.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Amount traders on the Philadelphia Stock Exchange can be fined for fighting, per punch:
Philadelphian teenagers who want to lose weight also tend to drink too much soda, whereas Bostonian teenagers who drink too much soda are likelier to carry guns.
Nuremberg’s Neues Museum filed a criminal complaint against a 91-year-old woman who completed a crossword puzzle that was in fact a $116,000 piece of avant-garde Danish art.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”