The present paper is devoted to a detailed presentation of a new Military Ethics doctrine of fighting terror. It is proposed as an extension of the classical Just War Theory, which has been meant to apply to ordinary international conflicts. Since the conditions of a fight against terror are essentially different from the conditions that are assumed to hold in the classical war (military) paradigm or in the law enforcement (police) paradigm, a third model is needed. The paper (...) proposes such a model in the form of principles that should govern the activity of a democratic state when faced with terror. Eleven principle are proposed. Two are on the level of the state, including the Principle of Self-Defense Duty. Six are related to military preventive acts against activities of terror, including new formulations of a Principle of Military Necessity, a Principle of Distinction, and a Principle of Military Proportionality. Principles of Low Probabilities, Time Span Considerations and Professional Understanding are also included. Finally, three principles that are related to consciousness-directed activities against terror are added: a Principle of Permanent Notice, a Principle of Compensation, and a Principle of Operational Deterrence. The exposition of the principles is accompanied by arguments about their moral justification. The doctrine has been developed on the background of the IDF fight against acts and activities of terror performed by Palestinian individuals and organizations. (shrink)

This paper provides a critical commentary on Kasher and Yadlin's article. I start with a few remarks regarding the authors? claim about the uniqueness of fighting terrorism and their proposed definition of acts of terrorism. The main part of my commentary, however, is devoted to discussing Kasher and Yadlin's Principle of Distinction (Part II of their paper). There, I raise several objections to their proposed ranking of state duties and to the way they use the ranking to justify what they (...) call targeted prevention of terror. Finally, I make a few remarks pertaining more specifically to the Israeli?Palestinian situation. (shrink)

We are grateful to Professors Nick Fotion, Bashshar Haydar and David L. Perry for their illuminating discussions of our paper, ?Military ethics of fighting terror: An Israeli perspective?, published in the present issue of the Journal of Military Ethics. We also thank the editors of the Journal for allowing us to add the present response. Professors Fotion, Haydar and Perry raise many significant issues. We will, however, presently address just a few of them, leaving the discussion of the other (...) interesting points to other occasions. (shrink)

This article provides an ethical evaluation of the CIA's use of Unmanned Aerial Vehicles to target so-called terror suspects and insurgents. It utilises Christian informed deontological and virtue-ethical criteria to assess this practise. These criteria include just intent, charity, proportionality, moral consistency, truthfulness, mercy, courage and prudence. The article concludes that the UAV target programme is morally problematic. The United States’ ‘kill not capture’ policy as exemplified in the use of ‘signature’ strikes defies the virtues at stake. By using (...) UAV's as tools for preventive warfare, utilising armed UAV's that are weapons of war outside areas of armed conflict and disregarding the principles of transparency, last resort and proportionality, the United States is employing UAV's in a morally illegitimate and imprudent way, and is setting precedents that might have dire consequences for global peace and the security of future generations. (shrink)

“Terrorism”' is sometimes defined as a “form ofcoercion.” But there are important differences between ordinary coercion and terrorist intimidation. This paper explores some of those differences, particularly the relation between coercion, on the one hand, and terror and terrorization, on the other hand. The paper argues that while terrorism is not necessarily associated with terror in the literal sense, it does often seek to instill a mental state like terror in the populations that it targets. However, the (...) point of instilling this mental state is not necessarily coercive or intimidatory: one can try to instill terror as an act of punishment, or as an expressive or therapeutic act, or because one values the political consequences that might follow, or because one thinks terror is preferable, from an ethical point of view, to the inauthentic complacency that characterizes the targeted population at present. Though this paper asks questions about the definition of “terrorism,” these questions are not asked for their own sake. The quest for a canonical definition of “terrorism” is probably a waste of time. But asking questions which sound like questions of definition is sometimes a fruitful way of focusing our reflections on terrorism and organizing our response. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have unleashed (...) a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

Recent years have seen a revival of interest in Michael Walzer's doctrine of ‘supreme emergency’. Simply put, the doctrine holds that, when a state confronts an opponent who threatens annihilation, it can be morally legitimate to violate one of the cardinal rules of the war convention – the principle of non-combatant immunity. Walzer cites the case of Britain's decision to bomb German cities in 1940 as a case in point. Although the theory of supreme emergency has been scrutinised, the historical (...) case that Walzer refers to has not been looked at in depth. This article seeks to remedy this problem by asking whether the principle actors involved in the decision to bomb German cities understood themselves to be in a supreme emergency. It argues that the British leadership never openly admitted that they were in fact targeting German civilians, and that the principle reason for this was a widespread belief that the British and American publics would not support such a campaign. As a result, throughout the war, the British government publicly maintained the fiction that the devastation of German cities was a collateral product of attacks on its industrial infrastructure. This, in turn, suggests that liberal societies – even those facing imminent destruction – do not tend to support a relaxing of the rules of non-combatant immunity, suggesting that the prohibition on deliberately killing non-combatants may be more embedded than has hitherto been thought. (shrink)

More so than in the past, the US is now embracing the logic of preventive force: using military force to counter potential threats around the globe before they have fully materialized. While popular with individuals who seek to avoid too many “boots on the ground,” preventive force is controversial because of its potential for unnecessary collateral damage. Who decides what threats are ‘imminent’? Is there an international legal basis to kill or harm individuals who have a connection to that threat? (...) Do the benefits of preventive force justify the costs? And, perhaps most importantly, is the US setting a dangerous international precedent? In Preventive Force, editors Kerstin Fisk and Jennifer Ramos bring together legal scholars, political scientists, international relations scholars, and prominent defense specialists to examine these questions, whether in the context of full-scale preventive war or preventive drone strikes. In particular, the volume highlights preventive drones strikes, as they mark a complete transformation of how the US understands international norms regarding the use of force, and could potentially lead to a ‘slippery slope’ for the US and other nations in terms of engaging in preventive warfare as a matter of course. A comprehensive resource that speaks to the contours of preventive force as a security strategy as well as to the practical, legal, and ethical considerations of its implementation, Preventive Force is a useful guide for political scientists, international relations scholars, and policymakers who seek a thorough and current overview of this essential topic. (shrink)

In the ongoing war on terror both the American and Israeli governments have resorted to a policy of ‘targeting terrorists’. In essence, both governments authorize their military or intelligence services to kill specific ‘terrorists’ who they believe mortally threaten citizens and cannot otherwise be neutralized. President Bush calls this ‘sudden justice’ and the Israeli government ‘targeted killing’ but their critics speak of ‘assassination’, ‘liquidation’ or ‘extra-judicial killing’. Since 11 September 2001, America is reported to have killed at least (...) 44 people without warning or trial under the guidance of this policy, at least 18 of whom were civilians; the Israelis have killed at least 348, including 120 unintended targets. (shrink)

The use of targets to direct public health programmes, particularly in global initiatives, has become widely accepted and commonplace. This paper is an ethical analysis of the utilisation of targets in global public health using our fieldwork on and experiences with voluntary medical male circumcision initiatives in Kenya. Among the many countries involved in VMMC for HIV prevention, Kenya is considered a success story, its programmes having medically circumcised nearly 2 million men since 2007. We describe ethically problematic practices (...) in Kenyan VMMC programmes revealed by our fieldwork, how the problems are related to the pursuit of targets and discuss possible approaches to their management. Although the establishment and pursuit of targets in public health can have many benefits, assessments of target-driven programmes tend to focus on quantifiable outcomes rather than the processes by which the outcomes are obtained. However, in order to speak more robustly about programmatic ‘success’, and to maintain community trust, it is vital to ethically evaluate how a public health initiative is actually implemented in the pursuit of its targets. (shrink)

This study investigated the effects of cultural value appeals in health persuasion. Situated in the COVID-19 pandemic, this study examined if and how individualistic and collectivistic appeals can improve attitudes and behaviors related to the use of face masks among European Americans and Asian Americans. Results showed that for European Americans, collectivistic vs. individualistic appeals were more effective to improve attitudes and behavioral intention. Perceived message relevance and counter-arguing were significant mediators explaining the effects. For Asian Americans, both individualistic and (...) collectivistic appeals predicted significant changes in attitudinal and behavioral outcomes. These findings have important theoretical and practical implications. (shrink)

In 2002 a significant number of American theologians declared that the ‘war on terror’ was a just war. But the indiscriminate strategies and munitions technologies deployed in the invasion and occupation of Iraq fall short of the just war principles of non-combatant immunity, and proportionate response. The just war tradition is one of Christendom's most enduring legacies to the law of nations. Its practice implies a standard of virtue in war that is undermined by the indiscriminate effects of many (...) modern weapons and by the deliberate targeting of civilian infrastructure. The violent power represented by the technology of what the Vatican calls ‘total war’has occasioned a significant shift in Catholic social teaching on just war since the Second World War. Total war generates an asymmetry of weakness in those subjected to these techniques of terror, and this has only strengthened the violence of the Islamist struggle against the West. But those who draw inspiration and legitimacy from this weakness in their struggle with the West also reject virtue in war. In a time of terror the theological vocation is to speak peace and to recall the terms in which the peace of God was achieved by way of the cross. (shrink)

In the aftermath of September 11, 2001, policy makers and others have debated the question of whether or not the United States should torture in an effort to prevent terrorist attacks. In a series of controversial essays, the legal theorist Alan Dershowitz argues that, if a democratic society is going to torture, it should at least be done under the cover of law. To that end, he recommends establishing a legal mechanism by which a judge could issue torture warrants—much as (...) they do now for search warrants. In this essay, I examine Dershowitz's proposal in light of Michael Walzer's classic essay on dirty hands. Just as Walzer uses political theater as a lens for viewing the issue of political assassination, I similarly draw upon a dramatic response to Dershowitz's proposal to think through the issue of torture warrants. (shrink)

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

In this work I attempt to articulate a principle or set of principles that can guide violent revolution, or emancipatory violence, and yet still prevent the end-stage backlash that generally follows; e.g., the Terror's culmination in which the originators are the targets of the Terror.

This paper argues for the benefits of approaching the terrorist attacks executed by Anders Behring Breivik in Norway on 22 July 2011 from the perspective of Luce Irigaray’s philosophy. In Breivik’s right-wing manifesto 2083, he identifies the triumvirate cultural Marxism, Islam and feminism as the main culprits for Europe’s decay. Despite arguing for the superiority of the white European race, and the dangers of immigration and religious plurality for Europe’s future, Breivik denies the value of difference, be it sexual, cultural (...) or religious. This paper finds support in Irigaray’s philosophy when arguing that, in this respect, Breivik’s extremist ideology operates in alignment with Western metaphysics that posits the masculine European subject as ‘the lord of the earth’, who denies all differences other than the ones hailed by male, white, Christian supremacists. In Norway, the dangers that Breivik and his allies represent are real, given that academics are being targeted and threatened. (shrink)

Different immunotherapeutic approaches are in the pipeline for the treatment of drug dependence. “Drug vaccines” aim to induce the immune system to produce antibodies that bind to drugs and prevent them from inducing rewarding effects in the brain. Drugs of abuse currently being tested using these new approaches are opioids, nicotine, cocaine, and methamphetamine. In human clinical trials, “cocaine and nicotine vaccines” have been shown to induce sufficient antibody levels while producing few side effects. Studies in humans, determining how these (...) vaccines interact in combination with their target drug, are underway. However, although vaccines can become a reasonable treatment option for drugs of abuse, there are several disadvantages that must be considered. These include i) great individual variability in the formation of antibodies, ii) the lack of protection against a structurally dissimilar drug that produces the same effects as the drug of choice, and iii) the lack of an effect on the drug desire that may predispose an addict to relapse. In addition, a comprehensive overview of several crucial ethical issues has not yet been widely discussed in order to have not only a biological approach to immunotherapy of addiction. Overall, immunotherapy offers a range of possible treatment options: the pharmacological treatment of addiction, the treatment of overdoses, the prevention of toxicity to the brain or the heart, and the protection of the fetus during pregnancy. So far, the results obtained from a small-scale experiment using vaccines against cocaine and nicotine suggest that a number of important technical challenges still need to be overcome before such vaccines can be approved for clinical use. (shrink)

In rapidly evolving medical fields where the standard of care or prevention changes frequently, guidelines are increasingly likely to conflict with what participants receive in research. Although guidelines typically set the standard of care, there are some cases in which research can justifiably deviate from guidelines. When guidelines conflict with research, an ethical issue only arises if guidelines are rigorous and should be followed. Next, it is important that the cumulative evidence and the conclusions reached by the guidelines do (...) not eliminate the need for further research. Even when guidelines are rigorous and the study still asks an important question, we argue that there may be good reasons for deviations in three cases: (1) when research poses no greater net risk than the standard of care; (2) when there is a continued need for additional evidence, for example, when subpopulations are not covered by the guidelines; and (3) less frequently, when clinical practice guidelines can be justified by the evidence, but practitioners disagree about the guidelines, and the guidelines are not consistently followed as a result. We suggest that procedural protections may be especially useful in deciding when studies in the third category can proceed. (shrink)

There is growing interest in nature-based interventions to improve human health and wellbeing. An important nascent area is exploring the potential of outdoor therapies to treat and prevent common mental health problems like depression. In this conceptual analysis on the nature–depression nexus, we distil some of the main issues for consideration when NBIs for depression are being developed. We argue that understanding the mechanisms, or ‘active ingredients’ in NBIs is crucial to understand what works and for whom. Successfully identifying modifiable (...) mediating intervention targets will pave the way for interventions with increased efficacy. We highlight a non-exhaustive list of five clinically relevant putative, candidate mechanisms which may underly the beneficial effects of NBIs on depression: stress, rumination, mindfulness, sleep and exercise. We also make the case that when developing NBIs it is important to not neglect young people, explore personalised approaches and focus on both treatment and prevention approaches. To achieve these aims methodologically rigorous programmes of clinical research are needed that include well-powered and controlled experimental designs including randomised controlled trials, qualitative research, longitudinal studies and large prospective cohorts. (shrink)

It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force , whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the (...) individual for the welfare of the whole. (shrink)

Adolescents are increasingly at risk for sexually transmitted diseases (STDs), including human immunodeficiency virus (HIV) infection. The prolonged latency period, sometimes in excess of five years, and the incubation period of up to 10 years before the manifestation of symptoms, may foster adolescents’ false sense of invincibility and denial as they often do not see the devastating effects of the disease in their peers until they are older. In turn, their practice of safer sex may be hindered and thereby contribute (...) to the escalation of this public health crisis among sexually active adolescents. Prevention-focused recommendations were made in the USA as a result of this crisis. Recommendations were made to: (1) include STD/HIV education in the curricula of grades kindergarten to 12; (2) increase to at least 75% the proportion of primary care and mental health professionals who provide age-appropriate STD/HIV prevention counselling to adolescents; and (3) expand HIV prevention services to include age-appropriate HIV education curricula for students in grades 4-12 in 95% of schools. Yet, in the USA, the provision of school-based comprehensive STD/HIV education has been difficult to achieve owing to certain limitations and, in some instances, legal action. These limitations include: limited student access; restricted content; and the implementation of sporadic and/or brief educational programmes. Given these recommendations and the fact that adolescents are acquiring STDs and HIV infections at increasing rates, and despite the limitations and legal actions, do health care professionals not have an ethical obligation to provide adolescents with comprehensive STD/HIV prevention education? This ethical dilemma will be discussed using the ethical decision-making principles of ‘autonomy’ and ‘beneficence’, and a decision-making model proposed by Thompson and Thompson, and by Chally and Loric. (shrink)

Once anesthetized, patients are inherently “compliant” with surgical interventions because they can no longer intervene on their own behalf. In their target article, Minkoff et al. (2024) reasonabl...

STORY L, MAYFIELD‐JOHNSON S, DOWNEY LH, ANDERSON‐LEWIS C, YOUNG R and DAY P. Nursing Inquiry 2010; 17: 373–384 Getting on Target with Community Health Advisors (GOTCHA): an innovative stroke prevention projectHealth disparities along with insufficient numbers of healthcare providers and resources have created a need for effective and efficient grassroots approaches to improve community health. Community‐based participatory research (CBPR), more specifically the utilization of community health advisors (CHAs), is one such strategy. The Getting on Target with Community Health Advisors (...) (GOTCHA) project convened an interdisciplinary team to answer the call from 10 counties in the rural Mississippi Delta area of ‘The Stroke Belt’ to meet the region’s identified health needs, and to impact the health of a disparaged state. This article explores this CBPR project including the community involvement strategies, innovative CHA training curriculum, evaluation plan, and implications to healthcare professionals, particularly nurses. (shrink)

This paper unravels the diverse strands in the manifestations of the Prevention of Terrorism Act (POTA, 2002), focusing not only on law’s words, i.e. the rules, principles and procedures, and its interpretations in judgments, but also on its effects. Adopting the violence of jurisprudence approach, it eschews the dichotomy between law and violence, examining the ‘effects of legal force’, in particular, the ways in which law becomes an integral part of the organization of state violence. Through an examination of (...) the unfolding of POTA and laws dealing with ‘organized crime’ and ‘unlawful activities’ (Unlawful Activities Prevention Act, 1967, 2005), the trajectory of specific cases and judgments by Trial Courts, the High Courts and the Supreme Court, this paper shows how through an interlocking of the ordinary and extraordinary, anti-terror laws erode both the procedural and substantive aspects of the rule of law, become the terrain where permutations in alliance politics and configuration of power are played out, and assume an antagonistic notion of politics which seeks resolution through the elimination and externalization of difference. Extraordinary laws, it argues, are manifestations of a politics of negation. Processes that prolong the lives of such laws, and procedural interlocking and intermeshing that seek to give them permanence, are symptomatic of a deepening of the politics of negation. (shrink)

Although lie detection procedures have been fundamentally criticized since their inception at the beginning of the 20th century, they are still in use around the world. In addition, they have created some remarkable appeal in the context of counterterrorism policies. Thereby, the links between science and fiction in this topic are quite tight and by no means arbitrary: In the progressive narrative of the lie detection devices, there is a promise of changing society for the better, which is entangled in (...) a fictional narrative provided by many cinematic and literary examples. By drawing on the concept of “diegetic technologies” formulated by David Kirby, we want to highlight the role of science fictional narratives in the historical development and current application of lie detection procedures. We therefore aim to use this conceptual frame to analyze the role of prevention-oriented mind reading procedures, which are developed for or already used in the “war on terror” with reference to their fictional predecessors. One virulent factor has to be highlighted in this context: The fictional engagement with possible new lie detection practices is in itself creating a legitimating ground for future security technologies. (shrink)

With an estimated 12.1% of children aged 2–5 years already obese, prevention efforts must target our youngest children. One of the best places to reach young children for such efforts is the early care and education setting. More than 11 million U.S. children spend an average of 30 hours per week in ECE facilities. Increased attention at the national, state, and community level on the ECE setting for early obesity prevention efforts has sparked a range of innovative efforts. (...) To assist these efforts, CDC developed a technical assistance and training framework – the Spectrum of Opportunities for Obesity Prevention in the ECE setting – which also served as the organizing framework for the Weight of the Nation ECE track. Participants highlighted their efforts at national, state, and local levels pursuing opportunities on the Spectrum, the standards and best practices that had been the emphasis of their efforts, and common steps for developing, implementing, and evaluating initiatives. Strong leadership and collaboration among a broad group of stakeholders; systematic assessment of needs, opportunities and resources; funding sources; and training and professional development were reported to be integral for successful implementation of standards and best practices, and sustainability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 46, no. 2. © 2020 by Feminist Studies, Inc. 489 Anna Romina Guevarra and Maya Arcilla The Source of Actual Terror: The Philippine Macho-Fascist Duterte  What is JUSTICE with the violence you’ve waged  What is FREEDOM? Our people are encaged  What is JUSTICE with the violence you’ve waged?  What is FREEDOM? Our people are encaged  We have nothing to lose—nothing but (...) our chains  We have nothing to lose—nothing but our chains  Ang tao, ang bayan—ngayon ay lumalaban  Ngayon ay lumalaban—ang tao ang bayan 1  We will, we will oust you!  We will, we will oust you! —Lyrics of a chant at a Chicago protest rally, July 8, 20202 On July 8, 2020, in front of the Philippine Consulate of Chicago, a group of activists representing multiple transnational organizations committed to the pursuit of democracy, participated in a Global Day of Action against an Anti-Terrorism Law (ATL) passed in the Philippines five days earlier. This particular rally was led by fierce student and community organizers and workers who loudly proclaimed their opposition to President Rodrigo Duterte’s misogynistic and fascist measures. The epigraph 1. The people, the nation—today they fight / Today they fight—the people, the nation. 2. Song written by Charmaine Balisalisa. 490 Anna Romina Guevarra and Maya Arcilla above captures the lyrics of one young activist’s chant directed at Duterte and choreographed to the tune of Queen’s “We will Rock You.” People followed her steps and gestures rhythmically and in unison, accompanying her chant with sounds from a gangsa (gong), bells, a skateboard tapping the ground, and an empty bucket. There have been multiple protests denouncing Duterte since he assumed power in 2016, but on this particular day, the sense of outrage and urgency was especially palpable in the face of this new law aimed at suppressing dissent. This legislation marked a high point in Duterte’s efforts to exert authoritarian control, and it is significant that opposition to his regime has taken on a specifically feminist character. The Philippines Anti-Terrorism Act of 2020 (Republic Act No. 11479), signed into law on July 3, 2020, amends the Philippines Human Security Act of 2007 by expanding the government’s power and scope for defining what constitutes “terrorism.” It consolidates power through the creation of an Anti-Terrorism Council (ATC) appointed by the President and empowered to act without oversight from the judiciary or legislature. The ATC can order mass arrests without warrants and detain individuals without due process for the mere suspicion of being involved in “terrorist” activities. This Law violates the Philippine Constitution’s Bill of Rights by eliminating free speech, violating the people’s right to privacy, and criminalizing individuals on suspicion of wrongdoing. As the law stipulates, anyone involved in “creating an atmosphere and spreading a message of fear” and “provoking or influencing by intimidation the government or any of its international organizations” will be construed as inciting terrorism. Indeed, this law will continue to erode democratic governance in the country, with some labeling it a “stealth declaration of martial law.”3 As US Congressional Representative Jan Schakowsky (D-IL) noted at the press conference she convened on July 15 to publicly call for the Anti-Terrorism Law’s repeal, “this law represents a new weapon in the administration’s campaign to suppress dissent and will worsen attacks on ordinary people.” 3. Jodesz Gavilan, “‘Stealth Declaration of Martial Law’: Rights Groups Slam Duterte, Anti-Terror Law,” Rappler, July 3, 2020, https://rappler.com/nation /human-rights-groups-statements-duterte-signing-anti-terror-law. Anna Romina Guevarra and Maya Arcilla 491 “A Timeline of Terror”: From “Pride is a Protest” and #JusticeForFabelPineda to #HandsOffGabriela4 A number of prominent feminists and queer rights activists have been targeted under President Duterte in the lead up to the passing of the ATL. On June 26, twenty LGBTQ activists representing Bahaghari, an LGBTQ+ rights organization in the Philippines, were arrested at a Pride rally. These protestors, referred to as the “Pride 20,” were speaking out against the ATL and were immediately arrested.5 A few days later, fifteen-year-old Fabel Pineda from San Juan Ilocos Sur was gunned... (shrink)

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...) regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted. (shrink)

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst (...) at the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

This article examines preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect the target’s autonomy. In particular, it focuses on two examples: travel bans and asset freezes. It seeks to develop guidelines for setting appropriate limits on their future use. Preventive constraints do not generate legal protections as constraints in response to conduct do. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions, or (...) what I term “exprisonments”, imperil the free and autonomous life of the targeted person. With the recognition that such constraints can infringe on one’s ability to lead a free and autonomous life, this article argues that some of these constraints require similar protections as their counterparts that put persons under lock and key. (shrink)

Advances in immunotherapy pave the way for vaccines that target not only infections, but also unhealthy behaviors such as smoking. A nicotine vaccine that eliminates the pleasure associated with smoking could potentially be used to prevent children from adopting this addictive and dangerous behavior. This paper offers an ethical analysis of such vaccines. We argue that it would be permissible for parents to give their child a nicotine vaccine if the following conditions are met: (1) the vaccine is expected to (...) result in a net benefit to each individual vaccinated, (2) the expected harms from the side effects of the vaccine are lower than the non-voluntary harms of smoking, and (3) there are no less manipulative methods available that are as effective at preventing smoking initiation. Finally, we show how the framework developed here could be used to analyze the ethics of other chemical interventions designed to modify children’s behavior. (shrink)

According to the traditional view, preventive uses of force between states and preventive killings of individuals, to be legal, have one basic requirement in common, namely, the requirement of the immediacy of the threat posed. The U.S. National Security Strategy of September 2002, the so-called Bush doctrine, and the so-called Israeli policy of "targeted killing" challenge precisely this core requirement for the preventive use of force against states and against individuals. The author argues that abandonment of the traditional standard (...) is unwarranted, even when taking into account the new kinds of threats that have arisen in recent times. Such abandonment, he argues, would risk transforming indispensable foundations of the international law on the use of force and on human rights. (shrink)

BackgroundWork stress is a serious problem in primary education. Decades of research underline the importance of participatory, organizational-level work stress prevention approaches. In this approach, measures are planned to tackle causes of work stress in a participatory manner and implemented by a working group consisting of members of the organization. This approach can only be effective if the measures contain effective ingredients to decrease work stress risks and are successfully implemented. The aim of this paper is to present an (...) outline of a work stress prevention approach that is evaluated in primary education. To ensure the appropriateness of measures, a logic model of change is built as part of the risk assessment to facilitate the selection of appropriate measures. Progression on target behaviors as well as implementation factors are real-time monitored during implementation and fed back to the working groups, to provide the opportunity to adjust action plans when needed to optimize implementation.MethodsThe approach consists of five steps: preparation: installing an advisory board and working groups, risk assessment: inventory of work stress risks. In addition, a behavioral analysis is performed to build a logic model of change to facilitate selection of measures, action planning: conducting an action plan with appropriate measures, implementation: implementing the action plan. During implementation progression on target behaviors and implementation factors are monthly monitored and fed back to the working groups, and evaluation: effects of the approach are studied in a controlled trial with measurements at baseline, 1 year, and 2 years follow-up. A process evaluation is carried out using quantitative and qualitative data to study the implementation process of all steps of the work stress approach.DiscussionWe believe that building a logic model of change and real-time monitoring of implementation could be of added value to improve the success of the work stress prevention approach. With this study, we aim to provide more insights into work stress intervention research, especially in primary education.Clinical Trial RegistrationThe study is registered in Netherlands Trial Register. (shrink)

A new multi-stage deterministic model for the transmission dynamics of syphilis, which incorporates disease transmission by individuals in the early latent stage of syphilis infection and the reversions of early latent syphilis to the primary and secondary stages, is formulated and rigorously analysed. The model is used to assess the population-level impact of preventive and therapeutic measures against the spread of the disease in a community. It is shown that the disease-free equilibrium of the model is globally-asymptotically stable whenever the (...) associated control reproduction number is less than unity. A special case of the model is shown to have a unique and globally-asymptotically stable endemic equilibrium whenever the associated reproduction number exceeds unity. Uncertainty and sensitivity analysis of the model, using parameter values and ranges relevant to syphilis transmission dynamics in Nigeria, show that the top three parameters that drive the syphilis infection are the disease transmission rate, compliance in condom use and efficacy of condom. Numerical simulations of the model show that the targeted treatment of secondary syphilis cases is more effective than the targeted treatment of individuals in the primary or early latent stage of syphilis infection. (shrink)

Anti-war pacifism eschews modern war as a means of attaining peace. It holds war to be not only evil and supremely harmful, but also, on balance, morally wrong. But what about force short of war? The aim of this paper is to analyse targeted killing, a specific form of force short of war, from an anti-war pacifist perspective, or, more specifically, from two related but distinct pacifist perspectives: conditional and contingent. Conditional pacifism deems war to be unjustified if the (...) condition that innocent persons are killed in war is satisfied. Since this condition is always fulfilled, conditional pacifism implies the impermissibility of modern war. Contingent pacifism concedes that war would be morally acceptable if its harms were sufficiently outweighed by its benefits, but maintains that no (or very few) wars meet this criterion. The empirical reality of war is such that it cannot be justified, because it harms too many innocents in proportion to the harm it prevents. Pacifists’ treatment of targeted killing short of war should thus concentrate on the harm it does to innocents. Conditional pacifists should focus on whether targeted killing kills innocents, while contingent pacifists should focus on whether the harm it does to innocents is disproportionate to its benefits. (shrink)

I evaluate one intuitive argument for, and one against, the use of lethal drones by the United States in its War on Terror. The Lesser Evil Argument appeals to those who think it perverse to reject weapons that enable a more limited use of force. But if harms on all sides and longer-term consequences are considered, the argument is much less persuasive. The Targeted Killing Argument is intuitive to those who consider drone strikes against terrorist suspects named in (...) intelligence reports to violate the rules of war. I reject the claim that it would be acceptable to carry out targeted killings because of necessity. Finally, I consider how radical asymmetry encourages terrorism against civilians, and how drone operators have the status of executioners, not warriors. (shrink)

Mark Osiel’s The End of Reciprocity: Terror, Torture and the Law of War provides detailed discussions of a number of important moral and legal issues arising for the United States in its ongoing response to the threats posed by the Al Qaeda terrorist network.Thanks to Andrew Alexandra for comments on this paper. The material in the first section of this critical review is derived from a short review of this book I wrote for the International Harvard Review vol. 31 (...) no. 1 March 2009 p.84. The specific focus is the United States of America (USA) deployed counter-terrorist methods of sustained detention, enhanced interrogation and targeted killing of suspected terrorists.Osiel offers a distinctive and provocative view on these issues, and displays a wide knowledge of relevant literature in a number of fields, including international law, philosophy, sociology and cultural studies. As such, the book ought to be of interest to a wide audience.The book is in four parts. Part One concerns inte .. (shrink)

What does it mean to ‘drop out’ of therapy? Many definitions of ‘dropout’ have been proposed, but the most widely accepted is the client ending treatment without agreement of their therapist. However, this is in some ways an external criterion that does not take into account the client’s experience of therapy, or reasons for ending it prematurely. This study aimed to identify whether there were more meaningful categories of dropout than the existing dropout definition, and to test whether this refined (...) categorisation of dropout was associated with clinical outcomes. This mixed-methods study used a subset of data from the IMPACT trial, which investigated psychological therapies for adolescent depression. Adolescents were randomly allocated to a treatment arm (Brief Psychosocial Intervention; Cognitive-Behavioural Therapy; Short-Term Psychoanalytic Psychotherapy). The sample for this study comprised 99 adolescents, aged 11-17 years. 32 were classified as having dropped out of treatment and participated in post-therapy qualitative interviews about their experiences of therapy. For 26 dropout cases, the therapist was also interviewed. 67 cases classified as having completed treatment were included to compare their outcomes to dropout cases. Interview data for dropout cases were analysed using ideal type analysis. Three types of dropout were constructed: ‘dissatisfied’ dropout, ‘got-what-they-needed’ dropout, and ‘troubled’ dropout. ‘Dissatisfied’ dropouts reported stopping therapy because they did not find it helpful. ‘Got-what-they-needed’ dropouts reported stopping therapy because they felt they had benefitted from therapy. ‘Troubled’ dropouts reported stopping therapy because of a lack of stability in their lives. The findings indicate the importance of including the perspective of clients in definitions of drop out, as otherwise there is a risk that the heterogeneity of 'dropout' cases may mask more meaningful distinctions. Clinicians should be aware of the range of issues experienced by adolescents in treatment that lead to disengagement. Our typology of dropout may provide a framework for clinical decision-making in managing different types of disengagement from treatment. (shrink)

The general assumption that underlines Richard Posner’s argument in his book Not a Suicide Pact is that decisions concerning rights and security in the context of modern terrorism should be made by balancing competing interests. This assumption is obviously correct if one refers to the most rudimentary sense of balancing, namely, the idea that normative decisions should be made in light of the importance of the relevant values and considerations. However, Posner advocates a more specific conception of balancing, both substantively (...) and institutionally. Substantiality, he argues for balancing based on a consequential moral theory that rejects the ideas of deontological rights and particularly absolute or very weighty deontological rights. More specifically, it seems that Posner assumes a utilitarian theory that also rejects intrinsic concern for distributive justice. Institutionally, Posner argues that this method of reasoning should be adopted by judges when interpreting the constitution. These substantive and institutional background assumptions are of course controversial, but I do not dispute them in this Article. My critique concerns Posner’s conclusions based on these assumptions. Posner’s main claim is that given the magnitude of the danger of modern terrorism, even a small probability that an act of terror may occur justifies extreme anti-terror measures. While the general idea that even a slight risk of very serious harm justifies significant cost is plausible, I doubt Posner’s assumptions regarding the cost of various means of preventing these dangers, his claim that judicial review in this context should be very limited, and his suggestion of an absolute formal prohibition that is not strictly enforced in the context of measures such as interrogational torture. (shrink)

It is best to begin with the obvious. This is a series of lectures about murder, indeed about an age of murder.1 Murders to be sure inspired by political ideas, but murders nevertheless. In all, the Rote Armee Fraktion (Red Army Faction, hereafter the RAF) murdered thirty-four people and would have killed more had police and intelligence agencies not arrested them or prevented them from carrying out additional “actions.”2 Yesterday, the papers reported that thirty-two people were killed in suicide-bomb attacks (...) in Iraq, and thirty-four the day before, and neither of those war crimes were front-page news in the New.. (shrink)

The outbreak of COVID-19 at the end of 2019 has become the most devastating public health event of the 21st century. The different performances of governments and people in different countries and regions show that national values may play an important role in the prevention and control of COVID-19. Based on data from the seventh wave of World Values Survey and the Human Freedom Index report in 2020, three national value factors are extracted in this manuscript, including religious belief, (...) government satisfaction and individual freedom. Then ordinary least squares regression regression model is constructed to explore the influence of these three value factors on the prevention and control of COVID-19 and some heterogeneity analysis is implemented. The results show that religious belief and individual freedom significantly increased the COVID-19 infection rate, while government satisfaction significantly reduced the COVID-19 infection rate. The study findings have the ability to hold up after a range of robustness. For countries and regions with different COVID-19 testing policies, the influence of national values is different. Only in countries and regions with high testing rate policies and complete systems of the prevention and control of COVID-19, the influence of national values is significant. Based on these findings, a series of targeted policy recommendations for building national values in the post-epidemic era are proposed. (shrink)

The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are (...) noted. Some lures, biases and structural factors, making the application of the Lombrosian idea likely in spite of weak evidence are pointed out and noted as a specific type of ethical aspect. Many classic and complex ethical challenges for health screening programmes are shown to apply to the identified variants and the choice between them, albeit with peculiar and often provoking variations. These variations are shown to actualize an underlying theoretical conundrum in need of further study, pertaining to the relationship between public health ethics and the ethics and values of criminal law policy. (shrink)

The purpose of this paper is to provide a philosophical defense for targeted killings in the wars against terror. The paper argues that if one accepts the moral legitimacy of the large-scale killing of combatants in conventional wars, one cannot object - on moral grounds - to the targeted killing of terrorists in wars against terror. If one rejects this legitimacy, one must object to all killing in war, targeted and non-targeted alike, and thus (...) not support the view, which is criticized here, that targeted killings are particularly disturbing from a moral point of view. (shrink)

The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak of a ‘welcome (...) the return to the criminal justice model’? This article considers the arguments in favour of prioritizing the prosecution of terrorist suspects and asks if their prosecution can safely proceed without undue hazard to the criminal law and criminal process. (shrink)