Class Notes.  Ethics and Policy in Criminal Justice, Spring 2002.  Part Four

April 15 - Discussion of Research Project assignment.  The detailed instructions are in the Assignment File.  For example, to find the GSS, simply click on the hyperlink in the first item.  The first step is to browse the GSS, formulate hypotheses, and select variables to measure them.  Then see if the variables need recoding and recode them if need be, giving them new variable names.  Then do the cross tabulations and save copies.  Then you can input them into Powerpoint, which is pretty easy to use and has instructions incuded.  I gave you a file to work with, all you need is to edit it by inserting your material.  If you want some Powerpoint Instructions, the ones from the University of Canberra are good.  See the Assignment File for instructions.  Check the Discussion List on Webct to look at ones that are already competed.

April 17:  Terrorism in the U.S.   PowerPoint on September 11 as a Turning Point in History.
 

The Dreadful Imposture?  Was the 9/11 attack on the Pentagon a conspiracy by a group within the Pentagon?

White, Chapters 13 and 14

April 22 -  Today, we will focus on the Israeli/Palestinian issue, which is very current.  We can make some comparisons to other situations, especially Sri Lanka where some similar issues are raised about how to deal with a "terrorist" who is also an important national leader?

CNN Videos.

Policy Questions:

Superior Israeli Firepower Isn't Likely to End Terror
By MICHAEL R. GORDON  NY Times Aprkl 14, 2002.
     WASHINGTON, April 13 — The Israeli military operation in the West Bank is a sweepingCartoon from the Atlanta Journal-Constitution
     counterinsurgency campaign that given enough time could reduce but not end bombing attacks by
Palestinian militants, Israeli officials and American experts agree.

Since the operation began two weeks ago, Israeli troops have combed Palestinian towns and refugee
camps that the Israelis say have been sanctuaries for the militants.

Israeli troops have arrested and killed suspected militants, including one who they say planned the suicide
bombing attack in Netanya during the Passover meal on March 27, killing 26 and prompting the Israeli
military offensive. They have seized hundreds of weapons and uncovered dozens of bomb-making factories
and retrieved explosive belts meant to be worn by suicide bombers.

The strategy is meant to deal a punishing blow to militant organizations like Al Aksa Martyrs Brigades and
Hamas and rip up their infrastructure, the term the Israelis use to describe everything from the hideaways
where bombs are assembled and guns are stashed to the offices where the Palestinians keep their
paperwork and payrolls.

Then Israeli troops plan to withdraw and perhaps establish a several-mile-wide defensive buffer zone in
an effort to fend off future attacks, Israeli military and civilian officials said this week.

----

Text of Arafat's Statement on Terrorism

By THE ASSOCIATED PRESS

Following is the full text of a statement issued Saturday by Palestinian leader Yasir Arafat on the
news agency WAFA, translated by The Associated Press from Arabic:

The Palestinian leadership and His Excellency President Arafat express their deep condemnation for all
terrorist activities, whether it is state terrorism, terrorism by a group or individual terrorism. This
position comes from our steady principle that rejects using violence and terror against civilians as a way
to achieve political goals.

We declared this position beginning in 1988 and also when we signed the Oslo accords at the White
House, and we have repeated it several times before, including our declaration on Dec. 16 last year.
After that, we did not find any Israeli response but more Israeli escalation, a tighter siege, further
occupation of our people, refugee camps, cities, villages, and more destruction of our infrastructure.

We strongly condemn all the attacks targeting civilians from both sides, and especially the attack that took
place against Israeli citizens yesterday in Jerusalem.

We also condemn very strongly the massacre that was committed by the Israeli occupation troops against
our refugees in Jenin and against our people in Ramallah, Nablus and Tulkarem and also the brutal
aggression against the church in Bethlehem during the last two weeks.
 

-------------

pril 14, 2002

Arafat Condemns Terror Attacks; Powell Meeting Is On

By SERGE SCHMEMANN

  JERUSALEM, April 13 — Secretary of State Colin L. Powell said today that he would meet with Yasir
  Arafat on Sunday, after the Palestinian leader issued a statement condemning terrorist acts against
civilians, and "especially the attack that took place against Israeli citizens yesterday in Jerusalem."

The reference was to a suicide bombing on Friday that killed six people. Following the attack, Secretary
Powell canceled a meeting with Mr. Arafat that had been scheduled for today, and the White House
demanded that Mr. Arafat issue a statement condemning terrorism.

That statement was issued this afternoon. In it, while condemning the suicide bombing, Mr. Arafat also
railed at length against Israel for "escalation, a tighter siege, further occupation of our people, refugee
camps, cities, villages, and more destruction of our infrastructure."

..........

Danny Ayalon, a foreign policy adviser to Mr. Sharon, said: "Such a condemnation is not worth anything
coming from a man who is the top terrorist official. Arafat is being two-faced. On one hand he has
statements published condemning terrorism, on the other he incites violence and supports terrorism." Mr.
Arafat has issued similar condemnations of violence in the past.

The Palestinians have been irritated by what they perceive as a double standard from Washington, with
pressures on the Palestinians to condemn suicide bombings, but no condemnation of the heavy casualties
inflicted by the Israeli Army on Palestinian civilians, which the Palestinians refer to as "state terrorism."

------------

NYTimes April 20, 2002.

Israel's agreement to allow a United Nations fact-finding mission came after unsparing criticism of the
Israeli military operation in Jenin by a senior envoy of the organization, Terje Roed-Larsen. "However just
the cause is, there are illegitimate means, and the means that have been used here are illegitimate and
morally repugnant," he told Reuters after viewing the destruction for the first time this week. His remarks
have caused shudders of anger in Israeli society, and become a prominent element of a pitched public
relations battle.

Today, Palestinians in Jenin buried 35 victims of the fighting in a mass grave in an olive grove, covering
all in white shrouds and some with purple flowers, not long after the last Israel troops pulled out.

At the same time, the Israeli defense minister, Benjamin Ben-Eliezer, said the confirmed toll of
Palestinians killed in fighting in Jenin was 48, of whom 45 wore uniforms and 2 wore suicide-bomb belts,
he said. The Palestinians have said hundreds were killed.

In his denunciation of the Israeli campaign, Mr. Roed-Larsen also suggested that the tactic was
short-sighted. "Israel's operation may have dismantled the physical infrastructure of terror, but this is
easily rebuilt," he said. "Meanwhile, the mental infrastructure of terrorism is building up, the mentality of
hate and confrontation, and this is very difficult to undo."

Israel acknowledged that Palestinians were suffering, but said such problems in the West Bank were an
offshoot of a necessary military campaign, and that United Nations descriptions of the problems were
irresponsible and overstated.

"The effects are distorted; the effects are untrue" said Gideon Meir, a senior official in the Ministry of
Foreign Affairs. "Are the Palestinian people under stress? The answer is yes. But does Israel want them to
be under stress? The answer is no. The problem here is the terrorists, who had to be stopped from
murdering more Israeli civilians."

The centrist newspaper Maariv published a front-page column today by its editor in chief that described
Mr. Roed-Larsen as "a good friend and an enthusiastic supporter of Yasir Arafat." It said the United
Nations official "simply is not capable of distinguishing between good and evil."

The continued fighting and verbal sparring came as the United Nations said problems faced by the region's
Palestinians had become grave, and Mr. Roed-Larsen complained that Israel had not done enough to
relieve suffering.
 

  Popularity of 2 foes is risk to peace
  Arafat and Sharon have their people's support - and little reason to compromise.
  By Michael Matza
  Inquirer Staff Writer  April 22, 2002
  JERUSALEM - To call them intractable foes is to understate their mutual loathing.
  Israeli Prime Minister Ariel Sharon has publicly regretted not killing Palestinian leader Yasir Arafat.
  Arafat calls Sharon a bloodthirsty butcher who will never be a partner for peace.
  Yet as the Israeli-Palestinian conflict intensifies, each leader appears to be rising in the eyes of his constituency, complicating an already dysfunctional
     relationship and prospects for peace.
  Sharon declares Israel is at war with Palestinian militants, takes the fight to them aggressively with a military campaign that leaves destruction in its
  wake, and sees his job-approval rating soar - from 40 percent to 60 percent - in one month.
  Arafat, hunkered down in his bunker with the symbols of the Palestinian Authority toppling all around him, sees his popularity soar among ordinary
  Palestinians who, like their leader in Ramallah, are besieged in their cities and villages and identify with Arafat's confinement.
  Sharon's popularity helps stave off, at least for now, an anticipated challenge for the leadership of Israel by former Prime Minister Benjamin Netanyahu, a
  staunch hawk.
  Arafat's popularity rehabilitates him, restoring his status as a leader despite Israel's destruction of his trappings of power.

  Yet both men are deeply ideological and not driven by popularity alone, analysts say.

  "I would not take the seeking of popularity as the main motive of Arafat or Sharon. Popularity serves as an instrument," said Yehezkel Dror, a Hebrew
  University professor of political science and adviser to former Israeli prime ministers.

  Popularity can be a base for taking risks that lead to breakthroughs, such as when President Richard M. Nixon used his first-term popularity to open
  relations with communist China.

  "Hypothetically, if the United States succeeds in getting the Israelis and Palestinians together, Sharon could make a far-reaching peace proposal," Dror
  said. "Having proved his toughness, he can say, 'Now it's time to sacrifice to achieve peace,' "

  Yet rising popularity also creates a double bind, other analysts said.

  One of the reasons Sharon is popular is that he has confined Arafat to his Ramallah compound, said Tel Aviv University sociologist Yochanan Peres, an
  expert on Israeli public opinion.

  "But Arafat can't speak about peace or even react favorably to a gesture from Sharon without being released first," Peres said, otherwise it looks as if he
  is capitulating to American and Israeli demands.

  "As long as there is a high perception of threat from suicide bombings, Israelis will continue to support Sharon. Where he will lose support is where he
  shows reluctance to use harsh measures against the Palestinians," said Palestinian political analyst Khalil Shikaki, himself under curfew in Ramallah.

  Compounding the situation, each side thinks it is winning despite contradictory facts on the ground.

  "The Israelis think they are winning because after 18 months of fighting, what have the Palestinians gained? More than 1,000 Palestinians are dead.
  Their economy is destroyed. They did not gain one inch. Israeli troops can enter Palestinian areas at will," Shikaki said. "Who in their right mind can
  define this as victory except crazy people? Israelis feel they are winning because they have been able to deny the Palestinians any gains from the use of
  violence."

  Shikaki said Palestinians also feel victorious.

  "The Palestinians believe they are winning for a simple reason: Israelis are discovering that no matter what they do they cannot bring about security for
  themselves," he said.

  "Previously, Palestinians felt they had to accept Israeli dictates, whatever Israel dished out. Their backs were to the wall. Now, Israel knows Palestinians
  can fight back and hurt them. We are still able to send them live bombs that explode in their faces and create a balance of power."
....

  Facing rising floodwaters, a Middle East scorpion asked a Middle East tiger for a piggyback ride.

  "But you'll bite me," said the tiger.

  "If I bite you, we'll both drown," said the scorpion. "Where's the logic in that?"

  So the tiger agreed to ferry him, and the scorpion bit.

  As they sank, the tiger reminded the scorpion of what he had said.

  "Don't be silly," said the scorpion. "Whoever said there's any logic in the Middle East?"

-----------
 

Sri Lanka

Meet the new democratic Tigers
Apr 11th 2002 | KILINOCHCHI
From The Economist print edition

UNTIL September 11th Velupillai Prabhakaran was arguably the world's most audacious
and successful terrorist. His Liberation Tigers of Tamil Eelam had murdered a Sri Lankan
president and a former Indian prime minister, and nearly managed to assassinate Sri
Lanka's current president. They had killed nearly every Tamil politician of consequence
with views more moderate than Mr Prabhakaran's. The LTTE's female “cadres” perfected
the craft of suicide bombing. Their cause: the liberation of the Tamils in Sri Lanka from
oppression by the country's Sinhalese majority.

On April 10th Mr Prabhakaran emerged from self-protective seclusion to face the press
for the first time in a decade. Gone was his signature Tiger camouflage dress, and with
it the image of dictatorial ruthlessness. His new costume is a safari suit, his new line
peace and the trappings of democratic politics.

Mr Prabhakaran's performance at least bodes well for the peace process, which began soon after Sri Lanka elected a
new government in December, though his professed conversion to democratic norms is less convincing. Mr Prabhakaran
seemed to go further than ever before towards hinting that he might give up his goal of secession from Sri Lanka,
stating that though the time was “not yet” ready for the demand to be dropped, it could be reconsidered if the Tamils'
right of self-determination were recognised. Sri Lanka's prime minister hailed his remarks as a step forward.

Although ceasefires and peace talks have failed before in the two-decade long war between the government and the
Tamil minority, which lives mainly in the north and east, there are greater grounds for optimism than usual.

On April 9th the road linking Colombo, the capital, to Jaffna, the Tamils' cultural centre in the north, was opened for
the first time in 12 years. Restrictions on the flow of goods into Tamil controlled areas, a major grievance, have been
eased. Mr Prabhakaran says the new Sri Lankan prime minister, Ranil Wickremesinghe, and mediation by Norway, have
improved the odds that the latest peace process will work. He did not dwell on recent bans on the LTTE by Britain and
Canada or the military stalemate between the rebels and the government, which sharpen the incentive to talk.

Tamils in Mallavi, a town in the Tamil-controlled Vanni area, dutifully echo their leader's optimism. “We are confident
the people in charge will do the needful,” said the manager of the local branch of the Bank of Tamil Eelam.

No one seems to take issue with Mr Prabhakaran, whose picture adorns most shops. Monuments to martyred Tigers
overshadow temples and churches, seemingly supplanting the local religions. In Vanni, a region that has been
bypassed by time, Mr Prabhakaran commands a Führer's awe rather than the mere respect accorded to ordinary leaders.

But Mr Prabhakaran is striking democratic poses. He promised that parties besides the LTTE would be allowed to
operate in the north-east. The Tigers have recently apologised to Muslims, whom the LTTE expelled from Jaffna in
1990. “The Tamil homeland belongs to the Muslim people,” he declared. The LTTE has an interest in placating them.
They are an important minority in the east, which Mr Prabhakaran regards as part of his realm; a party representing
them is a pillar of Mr Wickremesinghe's government. Without their co-operation, Mr Prabhakaran will find it hard to
unite Sri Lanka's north and east under Tamil rule.

What of other alleged sins in Mr Prabhakaran's past? He dealt with them through a mixture of denial and diversion.
The killing in 1991 of Rajiv Gandhi, a former Indian prime minister, was a “tragic incident”. The charge that the LTTE
presses children into its army is “unacceptable”. What about the liquidation of opposition Tamils? “We are adopting
new strategies,” said Mr Prabhakaran.

His democratic pretensions will be tested when and if an interim administration takes over the government of the
north and east. That is to be a main subject of negotiations in Thailand, probably starting next month. That is also
when airy talk of peace will encounter the realities of power. There is now some hope that Sri Lanka's government and
the Tamil minority will find ways to share it. It still seems less likely, though, that Mr Prabhakaran will concede any of
it to other Tamils.

--------------------

Sri Lanka

The Tiger comes out of his lair
Apr 11th 2002
From The Economist print edition
 

But on the main issue of independence for the Tamils, it is not yet certain how much has changed
 

FOR the first time in more than a decade, the commander of the Liberation Tigers of
Tamil Eelam, Velupillai Prabhakaran, emerged from the jungle this week to talk to the
outside world. He pledged his commitment to peace, and promised that the days of
suicide bombings are over. He even spoke of his Tamil Tigers laying down their arms,
and went out of his way to praise Sri Lanka's prime minister, which is a first. This is all
part of an encouraging pattern that started in February with the announcement of a
ceasefire in an intractable war that has killed more than 60,000 people in the past 19
years.

The ceasefire is holding, more or less. And it does now look as though peace talks
between the Tigers and the government will start early next month. Sri Lanka has domestic flights again (they were
suspended for years for fear of tigerish hijackers), and the main road north towards Jaffna from Colombo has
re-opened. All of these solid achievements, though, will quickly break down if the peace talks do. And whether or not
that happens will mainly revolve around that word “eelam”, which means “homeland” but is silent about just what a
homeland should be.

In the past, Mr Prabhakaran has always taken the maximalist route, insisting that an eelam should be a fully
independent state for Sri Lanka's Tamils to live in. There are good arguments for one. The Tamils have indeed suffered
much wrong at the hands of the Sinhalese majority since independence, and the north and east of the island, where
the eelam would be, have very few Sinhalese inhabitants these days. Why should not the area become independent,
like Eritrea or East Timor?

There are also, however, strong arguments against: the putative new country would legitimate a vicious campaign of
ethnic cleansing in the “Tamil” areas by the Tigers, backed up by atrocious terrorism outside it. A homeland for Tamils
in that part of the island has no strong basis in history. Most of all however, it is simply unrealistic. No Sri Lankan
leader, even if he or she wanted to, could win approval for giving away so much territory, a constitutional change that
would require a two-thirds vote of parliament.

Perhaps, though, an eelam can be something less than an independent state. Still nominally on offer is a new
constitution which would have given a high degree of autonomy to the Tamil areas, while having them remain within
Sri Lanka. The offer needs to be improved if it is likely to attract the support of even the moderate Tamil groups, but it
is at least possible that such proposals could be approved by the Sri Lankan parliament with the necessary majority.
Both main parties, that led by the prime minister, Ranil Wickremesinghe, and that of the president, Chandrika
Kumarantunga, agree in principle on autonomy for the north and east. The onus is on the president to move further
than she has so far.

That leaves the Tigers. Mr Prabhakaran's statements this week were not completely discouraging (see article). He
continued to insist on statehood for the Tamil Eelam, dashing any hope of a quick peace when negotiators meet next
month. But optimists say he would hardly have ceded so large a principle so early in the process, and for so little. He
was, anyway, intriguingly ambiguous, saying that the conditions for abandoning the principle had “not yet” arisen, and
that the policy could be re-examined. It is now up to both government and rebel leader to think creatively. For the first
time in many years it seems, at least, that there is a measure of goodwill.

Letters to the Editor on Middle East Terrorism.  These are to be used for an in-class exercise today.

Class on April 24:

LaTanya Scott and LaShonda Shivers

From Commentary, May 2002, p. 29
Joshua Muravchik, "Hearts, Minds and the War Against Terror"

    United Nations Secretary General Kofi Annan...proposed a world treaty against terrorism in the aftermath of September 11.  Appealing for "moral clarity," Annan condemned "the deliberate taking of innocent life, regardless of cause or grievance.  If there is one principle that all peoples can agree on," he added, "surely it is this."  So cautious and anodyne was the wording of the roposed treath that North Korea itself proclaimed its support.  Not so the Islamic Conference, which turned it down flat.  Even when Annan "gambled his moral authority" (in the words of a UN diplomat) by a personal appeal to a meeting of the Conference, the Islamic states would not budge or accept any compromise unless a blanket exemption were included for terrorist actions against Israel.  At its meeting in Malaysia in Early April, the Conference reaffirmed its stance.
    If there is "one moral principle that all peoples can agree on," in short, it is not this one.  For most Muslim states (Turkey excepted), "terrorism" is a concept defined not by the nature of the act but by the cause in whose name it is undertaken, or by the identities of the perpetrators and the victims.  Almost any military action by Israel is considered terrorism, almost any violence against Israel is resistance.  For some large number of Muslims, the same would seem to apply if the term "United States" is substituted for Israel.

 Sheik Muhammad Sayyed Tantawi, the top scholar of Al Azhar University in Cairo, said on Friday that all Israelis -- men,
 women and children -- were ''forces of occupation,'' according to a translation of the statement by the Middle East Media
 Research Institute, a translation service in Washington that opposes the militants. Therefore, the sheik said, ''martyrdom
 operations'' were the ''highest form of jihad operations.''

 According to the institute's translation, the sheik added that suicide attacks were ''an Islamic commandment until the people
 of Palestine regain their land and cause the cruel Israeli aggression to retreat.''

 Today he amended those remarks to advise that no Muslim blow himself up ''in the midst of children or women, but among
 aggressors, among soldiers.''

Yassir Arafat's wife also endorsed suicide bombing, see Ethics of Suicide Bombing.

Chapter 15:  Technological Terrorism:

Technology gives new power to terrorist groups, not just high powered rifles vs. 19th century bombs, but poison gas as with Aum Shinrikyo in Japan (a highly egalitarian society, attacked by religious cultists),  anthrax, and atomic weapons.
See "Queda Leader Said to Report A-Bomb plans"
Cyberterrorism?  Sabotage of nuclear plants, dams?  One thing the author did not anticipate was hijacking a plane and flying it into the World Trade Center.  What else might be coming that we have not anticipated?

Chapter 16:  The Media

The "Global Village" was supposed to tie the world together, to help us to understand each other, but the result has been to spread hatred more widely, e.g., by watching scenes of Israeli attacks in the West Bank.  People react differently to these scenes depending on their ethnicity, nationality and politics.

We have seen Osama bin Laden's effective use of satellite television. The US persuaded out networks to broadcast less of his stuff, based on the theory that he might be using it to send coded messages.  But they may also have been concerned that he was being persuasive, at least to potential supporters.

Both sides try to manipulate the media, e.g., filming last year of Israelis dropping a young Israeli man head first out of a building and dancing with joy at his death, youth in the west bank celebrating the World Trade Center attack.  They try to censor the footage.  The Israelis kept the media out of the West Bank as best they could during their "massacre".
Video:  Palestinian Militants Kill Informers.

Chapter 17:  Policy, Liberty, Security and the Future:

"Racial Profiling" is in ill repute in the US because of its use against blacks and hispanics in the war against drugs
Perhaps unjustifiably so, see  The Myth of Racial Profiling and  Race and speeding in New Jersey.  Contrast with the ACLU argument that its statistics are irrefutable.   In my view, profiling is not justified in these cases because the drug interdiction is doomed to fail in any event.  The negatives clearly outweigh the positives in traffic stops on the NJ Turnpike.  In investigating other crimes, this may not be true, and it may not be true in fighting terrorism.  See Jihad in America.

Do we need profiling?  New legal theories? The ACLU says no.

Dr. Goertzel's FBI File.

U.S. Weighing New Doctrine for Tribunals
By NEIL A. LEWIS - NY Times - April 21, 2002
     WASHINGTON, April 20 — Uncertain about how they will be able to prosecute many of the nearly 300
     prisoners detained at a naval base in Cuba, Bush administration officials are considering a new legal doctrine
that would allow prisoners to be brought before military tribunals without specific evidence that they engaged in war
crimes.

The new approach would make it an offense to have been a senior member or officer of a Qaeda unit that was
involved in any of the regular crimes of war, like mistreatment of civilians.

One administration official said the effort came out of increasing uneasiness that the interrogations of the prisoners,
who were taken from Afghanistan to the naval base at Guántanamo Bay, had not yielded enough information to
charge very many with traditional war crimes.

The official, who spoke on condition of anonymity, said the questioning was going slowly and the prisoners were
largely uncooperative. No one, the official said, has confessed to any atrocity or violation of the laws of war. Nor,
the official added, have the interrogators had much success in getting prisoners to provide information that could be
used against other captives.

Another official said the new approach would allow military prosecutors to charge some captives even without
evidence from witnesses or documents that they committed war crimes.

"It could be enough to show that they were part of a group and furthered its aims," this official said.

"They would be shown," the official said, "to be a part of a group that did things like killing civilians and
noncombatants, attacked targets with no military value or took or killed hostages" — the traditional roster of war
crimes. "Also engaging in torture," the official said.
 

Officials said the legal mechanism for charging someone with being a member of a Qaeda unit involved in crimes
was not complete but would probably be detailed in a document to guide military prosecutors.

Administration lawyers have already begun work on the issue, officials said, and expect that their efforts will produce
the document, which would be formally issued by the Defense Department.

Prof. Detlev Vagts of the Harvard Law School, an authority on the law of war, said the government appeared to be
trying to build a military version of the civilian charge of conspiracy.

In the Nuremberg trials after World War II, the Allies declared the Nazi special police, the SS, a criminal
organization. But Professor Vagts said that, in the end, no one was ever charged simply on the basis of membership
in the SS.

People were usually prosecuted for war crimes on testimony by witnesses or, in the case of senior officials, on the
extensive records the Nazi authorities kept. No equivalent documentation exists in Afghanistan.

The unease about what to do with the prisoners is occurring after the administration, notably the Defense
Department, spent considerable effort drafting regulations for the military tribunals. A government lawyer said White
House officials were becoming increasingly concerned that the tribunals, authorized despite great criticism, might not
be put to much use.

That seems unlikely now, officials said, with the capture in Pakistan last month of Abu Zubaydah, believed to be the
director of operations for Al Qaeda and thus the highest-ranking official of that organization in United States custody.
Mr. Zubaydah, Justice Department officials have said, is a near-ideal candidate for a tribunal trial.

One official said the major unanswered question was whether the military would seek the death penalty for Mr.
Zubaydah, an issue to be deferred until he is interrogated and his cooperation is evaluated.

Officials said the administration's new doctrine was being fashioned to create an offense different from what lawyers
call a status crime. The Supreme Court has rejected status crimes, in which it is an offense merely to be a member
of a group, like the Communist Party.

The new doctrine, lawyers said, is an effort to comply with rulings that require not only membership in a group but
also some identifiable connection to its aims. In this case, the new guidance would probably require a finding that a
prisoner was not only a member of Al Qaeda but also that he furthered its aims.

Although the Defense Department's regulations do not provide for review of tribunal verdicts by civilian courts,
lawyers for people convicted by the tribunals are certain to ask federal courts to intervene. That is probably one
reason the new guidance appears to consider Supreme Court precedents in similar cases.

After World War II, for example, the court upheld a conviction by a military tribunal of a Japanese commander
whose troops committed atrocities in Manila while he was elsewhere in the Philippines.

April 29 -  Student Reports.  At least some of them are posted in the discussion board on our WEBCT site.

              Comparison of news coverage on al-Jazeera and CNN.

               If there is time, we can begin reviewing for the fourth exam.

             Evaluation forms to be distributed.

May 1 - Review for fourth exam.

RAGE AND REASON
  by DAVID REMNICK from The New Yorker, May 6, 2002.
  Will anyone listen to the P.L.O.'s voice of restraint?
  Issue of 2002-05-06
  Posted 2002-04-29
 

                 RAGE AND REASON
                 by DAVID REMNICK
                 Will anyone listen to the P.L.O.'s voice of
                 restraint?
                 Issue of 2002-05-06
                 Posted 2002-04-29
                 Sari Nusseibeh, the Palestine Liberation
                 Organization's chief representative in Jerusalem, is
                 perhaps the most moderate adviser in the councils
                 of Yasir Arafat. (He is no doubt the only one to
                 have worked on a kibbutz or to have written a
                 graduate-school essay at Harvard on Wittgenstein
                 and the role of jokes in philosophical discourse.)
                 On many issues of moment within the Palestinian
                 hierarchy—the morality of suicide bombings, the
                 wisdom of Arafat's rejection of the Israeli offers
                 at Camp David and at Taba, the refugees'
                 demand for the "right of return" to historical
                 Palestine—Nusseibeh disagrees, publicly and in
                 all languages, with the hard men of the P.L.O. and
                 Hamas, and even with Arafat (to the extent that
                 Arafat reveals himself). To him, "martyr
                 operations" are blatantly "immoral," the flat
                 rejection of the Israeli proposals a "major missed
                 opportunity," and the right of return a painful
                 delusion best forgotten. It is not obvious why
                 Arafat, who craves the support and supposed
                 authenticity of the maximalists of Hamas and
                 Islamic Jihad, appointed a mild man in corduroy
                 and tweed to run the East Jerusalem portfolio. As
                 a scholar and as the scion of a distinguished
                 family, Nusseibeh wields about as much street
                 credibility in the refugee camps of Nablus as a
                 duke among the sansculottes. He has no muscle
                 to offer Arafat, no immediate value, except,
                 perhaps, as an ornament of democracy where
                 democracy hardly exists. There is no argument to
                 be made for Nusseibeh's power—unless one
                 happens to believe in the power of restraint and
                 rational thought.
 
                 After completing a Ph.D. in medieval Islamic
                 philosophy at Harvard, in 1978, Nusseibeh began
                 teaching at Bir Zeit University, in the West Bank,
                 a center for both higher learning and elementary
                 politics. At first, Nusseibeh kept out of public life,
                 concentrating instead on problems of logic and
                 moral philosophy; but eventually he was
                 dragooned into academic politics—union issues
                 and the like—and then into Palestinian politics
                 generally. Nusseibeh was not mild in his opinions
                 about the occupation. He demanded that the
                 Palestinians in the occupied territories either be
                 annexed as equal citizens of Israel (with the
                 knowledge that in such an arrangement Arabs
                 would eventually become a majority, ending the
                 Jewish state) or, the more likely prospect, be
                 made citizens of a new country, adjacent to
                 Israel, called Palestine. And yet in the early
                 eighties Nusseibeh outraged many of his fellow
                 faculty members, and members of Arafat's Fatah
                 organization, by attending a conference at
                 Harvard to meet with Israeli politicians. As
                 Palestinian politics grew more radical, Nusseibeh
                 insisted on a rhetoric of moderation and on
                 contact with the putative enemy. During the first
                 intifada, he was quoted in the International
                 Herald Tribune as saying, "I think it is a kind of
                 exorcism to throw a stone at Satan," but he threw
                 no stones himself and pressed for a "generally
                 nonviolent" uprising. To call for the elimination of
                 Israel, he argued publicly, was irrational; the
                 Jews, he said, had a deep historical connection to
                 Jerusalem just as the Arabs did. This was not, in
                 all circles, a popular argument. One morning, on
                 the Bir Zeit campus, several masked members of
                 a Jordan-based branch of Fatah jumped
                 Nusseibeh. He was badly beaten and one of his
                 arms was broken.
                 Nusseibeh summoned up that day with a wry
                 smile. "I remember it well," he said to me. "I'd just
                 finished delivering a lecture at the university on
                 liberalism and tolerance."

                  Recently, an article in the
                 Jerusalem Post warned that Nusseibeh is a "con
                 man," who plays the "good cop" in a media dumb
                 show "orchestrated by Arafat." Nevertheless,
                 leading politicians, including Israel's foreign
                 minister, Shimon Peres, and its defense minister,
                 Benjamin Ben-Eliezer, who are not in the habit of
                 endorsing enemies of the state, have praised
                 Nusseibeh as a courageous and trustworthy
                 interlocutor.
 
                 "When they went to Camp David and Arafat said
                 afterward that we didn't get what we thought we
                 should, people in the territories felt that their
                 suspicions about Israel were vindicated. From the
                 Palestinians' perspective, Barak did not come as
                 far as they thought he should. So Arafat came out
                 of Camp David feeling angry with Barak, and
                 Barak, because he didn't get a proper or positive
                 response and felt he went out on a limb, felt
                 betrayed by Arafat and the entire P.L.O.
                 leadership. And Clinton, who wanted his Nobel
                 Peace Prize, and wanted it to be done in ten
                 days, also walked out feeling angry."

                 The biggest problem, as Nusseibeh sees it, is that
                 neither side contained its anger, and so "the
                 system of discussion was blown to smithereens."
                 Each side indulged its worst suspicions about the
                 other: an increasing number of Israelis felt that
                 Arafat had been unmasked as a messianic
                 terrorist who had never really wanted
                 compromise except, perhaps, as a tactic; the
                 Palestinians felt confirmed in their suspicion that
                 Israel had no intention of giving up the settlements
                 or their general dominance. According to
                 Palestinians, Sharon's visit to the Temple Mount,
                 the most disputed of all pieces of land, was the
                 spark that set off the "cycle of armed violence."
                 According to Israelis, the uprising had been
                 planned months before.

                  "On the
                 whole, the Palestinian reaction to the Israelis was
                 basically haphazard, emotional, out of anger," he
                 said. "Israeli action toward the Palestinians was
                 very determined, planned, and cold-blooded.
                 This is why I thought from the beginning that a
                 strategy was being worked out to provoke the
                 Palestinians and draw them into a battle of which
                 they are not the masters—namely, of violent
                 confrontation. The goal is the destruction of the
                 Oslo process and the Palestinian Authority, to be
                 followed by the implementation of a Sharonian
                 regime of what peace should look like for the
                 Palestinians. Which is basically to give the
                 Palestinians something that they can call a state,
                 maybe something like forty per cent of the West
                 Bank and Gaza, but under total security scrutiny
                 by Israel." He added, "The good thing about
                 Sharon is that he is a very systematic and
                 straightforward thinker, and determined. He tells
                 you what he wants to do and does it. Sharon has
                 a vision."
 
                 "Look, I am not sure that the Palestinian people
                 know what they are about," Oren said at one
                 point. "They have been offered a state so often: in
                 1937, they were offered a state, bigger than the
                 Jewish state, by the Peel Commission, and they
                 turned it down; they were offered partition in
                 1947 by the United Nations, and they turned it
                 down; and then there was Camp David, and they
                 turned that down. It raises the question, then, if a
                 people cannot seize a historical opportunity, what
                 kind of people are they? Instead, they are basing
                 their identity on victimhood, and that feeds the
                 suffering."

                 For Oren, and for many Israelis left, right, and
                 center, Arafat revealed himself as untrustworthy
                 after he ended the negotiations with the Israelis in
                 2000 without offering a counter-proposal,
                 insisting, yet again, on the Jews' lack of a
                 historical connection to the Western Wall and on
                 the right of Palestinian refugees abroad to return
                 to Israeli territory. Such a return, Oren said, "is a
                 euphemism for not recognizing Israel's right to
                 exist."
                 I mentioned Sari Nusseibeh and his statement,
                 deeply unpopular among his own people, that the
                 Palestinians will have to give up the right of return
                 and recognize Israel's right to a secure existence if
                 there is ever going to be a real peace.
                 Oren smiled indulgently, as so many Israelis and
                 Palestinians do at the mention of Nusseibeh's
                 name. "Sari is a wonderful guy," he said, "but how
                 many divisions does he have?"