When Terrorism Has No Fixed Meaning: Counter-Terrorism and the Governance of Exception in Egypt

Somaya Selim[1]

Egypt has faced serious terrorist violence, giving counter-terrorism a legitimate place within the state’s sovereign responsibility to protect its population. In response, the enactment of the Counter-Terrorism Law (Law No. 94 of 2015) and the Terrorist Entities Law (Law No. 8 of 2015) restructured the country’s national security architecture. While international and domestic legal debate routinely scrutinizes the linguistic breadth of these statutes, focusing primarily on the scope of criminalized conduct, this emphasis obscures a deeper institutional reality. The critical legal question is no longer simply who may be prosecuted as a terrorist, but rather what the justice system becomes empowered to do once the terrorism framework is invoked. A terrorism classification operates as a powerful legal gateway. It fundamentally alters an individual’s procedural trajectory, modifies the mechanisms of pretrial detention, shifts the dynamics of judicial review, and ultimately tests the practical boundaries of access to justice long before guilt or innocence is finally adjudicated.

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LEAHY LAW AND AI REPORT ON NIGERIA: DISTICTION AND PROPORTIONALITY IN THE ANTI TERROR OPERATION

Author: Elias Offor

A horrendous crime against humanity being committed daily by the Boko Haram terror group where casualty figures are quoted to near accuracy- a replication of what used to happen in distant lands that looked peculiar to a particular people and sounded like mere myths to the rest of us in a way that the mind is less troubled- is now a practical reality in our midst. Yet the horror and mind-bugling impact continues to recede to the extent, a mere tale of woe which in Shakespeare terms, are all sound and fury signifying nothing.   Continue reading

Terrorism: Victims Beyond Borders

Written by Lina Laurinaviciute

terrorism attacks“Wars between states are confined to geographical areas and have a declared set of combatants, but terrorism can be conducted with relative ease across many national borders.”[1] Continue reading

Cyber Terrorism: Fact or Fiction?

Written by: Regina Paulose

Some scholars and military experts believe that “cyber terrorism” does not exist and is an exaggerated threat.[1] This is probably due to a lack of empirical evidence. There is perhaps some other (incorrect) assumptions which downplay the threat of cyber terrorism. Those assumptions are that terrorists will only use physical violence and they are ill equipped to use technology. These assumptions are tested within the framework of this article. Continue reading

The Last Resort

Terrorism

Until the dramatic events of September 2001 terrorism was perceived as an exceptional and a rare phenomenon, which didn’t quite bother specialists of any field. Today there is hardly a person who has never though about the roots and the nature of this evil. The growing threat takes multiple forms, including transnational groups targeting means of transport, planning attacks with weapons of mass destruction or through the Internet, or resorting to new channels to finance their acts.[1] And even though we may disapprove of it, terrorists can indeed assemble plausible if not logical arguments in defense of their actions.

However, whatever the ideological motives of terrorist groups are one should, consider the reasons for a choice of this means of warfare in the first place as to develop an effective doctrine to combat it. As Major Robert W. Cerney states, “terrorists exercise their right to fight for what they believe in the only way they can with any hope of survival till the eventual achievement of their goal.”[2] Terrorism as a means of warfare indeed proves to be successful, but the key point in Maj. Cerney’s assertion is that it’s the only feasible option for those waging an asymmetric war.

It is worth mentioning, that none of the conflicts is perfectly symmetrical, but the wider the gap, the dirtier it gets. Today with only one remaining superpower and more generally the considerable and predictably widening technological divide, a huge imbalance in the capacity of warring parties has become a characteristic feature of any contemporary armed conflict.[3] The wide disparity between the parties, primarily in military and economic power, potential and resources, provides for a need for a form of violence that serves as a force multiplier that maximizes the outwardly limited resources in confrontation with an incomparably stronger opponent that a party cannot effectively challenge by conventional means. Given the inability to fight on the enemy’s own ground and to challenge a stronger opponent on equal terms, the weaker, lower status side has to find some other ground and to rely on other resources to establish a two-way asymmetry.[4] This, in turn, conditions the terrorists’ modus operandi: attacking the enemy’s weakest points, namely, its civilians and non-combatants, thus, not conforming to international legal standards. Yet, why would one play by the system rules when those rules are established to support a system fought…

Western societies are becoming more vulnerable due to many factors, including global communications, travel, and the proliferation of weapons technology, as well as the fact that the number of relatively deprived people in failing societies is growing.[5] The threat of terrorism forces them to respond by increasing homeland security measures. The latter have reduced the number of attacks by 34 percent, limiting the number of terrorism victims to an average of 67 a year and having cost the developed countries roughly US$70 billion since 2001.[6] The material cost of a suicide bombing, in turn, is as low as $150(US), and results in an average of 12 deaths, spreading enormous fear throughout the targeted population.[7] Thus, it amounts to an estimated $5.8(US) billion a year protecting 34 innocent lives which might be deprived at a price of $425(US). Apart from this financial asymmetry, one should also bear in mind that terrorism is responding to new security challenges with new approaches having the same bloodshed effect.

To this end, terrorism seems to be the last if not the only resort of the weaker parties trying to shift the balance and restore the warfare symmetry with any means possible. Given that the means are dirty and that terrorism will not conform to international standards, we must adapt to it and consider a more effective, yet legal, strategy of combating it with a view of its asymmetric character.

Written by Jan Guardian


[1]       United Nations Office on Drugs and Crime, The Universal Legal Framework Against Terrorism. New York (2010), p. iii.

[2]       Major Robert W. Cerney, International Terrorism:  The Poor Man’s Warfare. Executive Summary. USMC CSC 1991 [online][accessed 28 March 2013].

[3]       Robin Geiss, Asymmetric Conflict Structures. International Review of the Red Cross, Vol. 88, 864, December 2006, 757-758.

[4]       Ekaterina Stepanova, Terrorism in Asymmetrical Conflicts: Ideological and Structural Aspects. SIPRI Research Report No. 23. OxfordUniversity Press (2008), p. 20.

[5]       Shahram Chubin, Jerrold D. Green, Terrorism and Asymmetric Conflict in Southwest Asia. RAND (2002), p. 7.

[6]       Bjorn Lomborg, Is counterterrorism good value for money? NATO review 4 (2008) [online][accessed 29 March 2013].

[7]       Ibid.