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The Shooting of Jean Charles de Menezes: Use of Force and Counter-Terrorism Policy

The Shooting of Jean Charles de Menezes: Use of Force and Counter-Terrorism Policy. Professor P.A.J. Waddington The University of Reading England. Jean Charles de Menezes. 22 July Jean Charles de Menezes was shot by London police Stockwell Underground station Mistaken for a terrorist

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The Shooting of Jean Charles de Menezes: Use of Force and Counter-Terrorism Policy

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  1. The Shooting of Jean Charles de Menezes: Use of Force and Counter-Terrorism Policy Professor P.A.J. Waddington The University of Reading England

  2. Jean Charles de Menezes • 22 July Jean Charles de Menezes was shot by London police • Stockwell Underground station • Mistaken for a terrorist • Multiple shots to the head • Tragedy

  3. Jean Charles de Menezes • This presentation: publicly available information only • Official investigation remains confidential • No ‘private’ sources • Policy issues and implications

  4. Context • 7 July: suicide bombers—3 trains and one bus bombed in central London—56 dead • 21 July: unexploded bombs found on trains and a bus • Thwarted attacks awaiting prosecution • Jihadist threat: • 9/11 (1993 attack) • Bali, Casablanca, Madrid, Istanbul • Strasburg, Singapore

  5. Jihadist threat and the‘war against terrorism’? • 9/11, et al: crimes or war? • Not crime: • Dedicated, determined, self–sacrificing • Motivated by ideals • Utterly ruthless • Not war: • Representing no nation state • Signatories to no international treaties • No negotiating parties for making peace

  6. Irregular war • 1st principle of war: attack opponent at weakest point • Democratic West invincible on battlefield • Weakness of secular liberalism: • Individualism: anonymity, freedom of movement—camouflage • Rights: surveillance, detention, force • Scepticism of the state

  7. Intelligence • ‘Intelligence’: euphemism for poor information • Terrorists strive to remain anonymous • ‘Joining up the dots’ • ‘Needle in a haystack’: problem is the haystack–information overload/joining dots • False positives • Real time decision–making

  8. 22 July: Intelligence failure • Address connected to unexploded bombs • Surveillance • Poor photograph of bomber, Osman • Possible sighting • Confirmation on the move

  9. 22 July: command failure? • Myth of panoptical command • Commanders inevitably operate ‘blind’ • Inevitably poor information • Unstructured • Fluid • Incomplete

  10. 22 July: organisational failure? • Surveillance officers not armed • Armed officers rendezvous • Different radio frequencies

  11. 22 July: excessive force? • ‘Kratos’: overrides presumption of surrender • Arrest criminal • Ambush combatants • Loughgall • Suicide bombers detonate explosive

  12. 22 July: excessive force? • Non-survivable injury: ‘Suniland’ and the ‘empty gun’ • ‘Catastrophic headshot’: routine option • Prevent ‘reaction shot’ = severing brainstem • Low velocity weapons • Killing is not enough • Attack at weakest point: force the state into threateningly forceful response

  13. Getting it right • Terrorists attack at weakest point: allow their opponent only one successful option • Kill armed terrorist in flagrante • Other options: • Fail to prevent suspected terrorist attack • Kill an innocent person

  14. Legitimacy • Tilly: state legitimacy is founded on • Capacity • Trust • Capacity to protect homeland from attack, cf. RAF attacks on German cities in 1940 • Trust that coercive power will not be used against citizens, e.g. safeguards of criminal justice Terrorism strikes at both

  15. Terrorist threat to legitimacy • Get it wrong: • Demonstrate lack of capacity • Public criticism of • Design of twin towers • Readiness/equipment of fire/police departments • ‘Intelligence failures’ • Undermine trust • Police brutal • Out of control • ‘Shoot to kill’, ‘execution’, etc Attack opponent at weakest point

  16. Accidents happen • > 2000 people die annually in NHS hospitals from ‘medical accidents’ • 30% of those who die in ITU are misdiagnosed in A&E • 50% of misdiagnosed could have been saved with correct diagnosis ‘Risk society’: aversion to error

  17. Democracy • Terrorism undermines legitimacy by proxy • Anger of victims • Campaigners/sympathisers • Media • Official investigation/revelation Attack at weakest point

  18. Extend capacityEngender trust • ‘State of Terrorist Emergency’ • International ratification • Legitimate reduction in liberties as proportionate

  19. Irremediable intolerance of error • ‘Collateral damage’ • Sacrificing innocent lives • War is always barbarous • Living with barbarity is illiberal Attack at weakest point

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