Prisons are likely to become more – rather than less – significant centers of gravity for the jihadist movement. We discuss some ways in which prisons matter during the radicalization process.
Scholars suggest that an individual’s criminal past impacts possible terrorist futures for the jihadist movement. In particular, Basra et al.’s research has emerged four main themes.
Radicalization and recruitment
The redemption narrative offers a radical change of values and behavior while encouraging a guilt-free sense of rebellion and anti-establishment. Crime is justified on religious grounds, whether or not the recruit has a religious background or understanding of Islam. In this instance, recruitment can be viewed as an unintended merging of criminal and jihadist narratives.
Prisons as a milieu
Prisons expose vulnerabilities in individuals susceptible to “cognitive openings” and the willingness to identify with new beliefs. Networking opportunities in prison lay the groundwork for radicalization, with rapid mobilization and solidification of radical beliefs occurring post-release.
Skills transfers
Jihadists also take advantage of criminal skills in prison, such as connections to gangs and weapons, and the soft skill of staying under the radar by using fake documents and safe houses. Familiarity with violence is also considered a skill transfer, as recruits with violent pasts are less likely to be psychologically hesitant to commit violent terrorist acts.
Criminal financing
Petty crime and criminal operations are known to finance terrorists, particularly their return to Syria. There has been a shift in terrorist financing from state-funded to micro-level self-funded methods (through criminal efforts). Jihadists also leverage the criminal financial strategy of encouraging a low barrier to entry, sharing their ideology to justify their crimes, and encouraging continued criminal behavior by simply shifting the purpose to meet jihadist ideals.
Institutional Responses
These findings challenge traditional views of radicalization and significantly impact counter-terrorism responses, forcing authorities to consider prisons a breeding ground for radicalization where, previously, foreign fighters were recruited from universities and places of religious worship.
Again, the criminal challenges of society (which now include terrorism) come back to addressing societal needs and effective rehabilitation efforts to impact change. Exploring this demands an entirely new discussion, but essentially, incorporating rehabilitation and post-release services as a priority in prisons rather than punitive measures could protect the vulnerable isolation of offenders and reduce recidivism (in the form of terrorist action).
There are several examples of jihadists who have emerged from the criminal-terrorist nexus in prison and caused severe damage. The case of Omar el-Hussein demonstrates both arguments — that prisons are a location for radicalization and that offenders are vulnerable people whose rehabilitation and reintegration are largely neglected.
El-Hussein was radicalized in prison and even red-flagged by authorities. After his release, a technicality prevented him from accessing probation services, leading him to be homeless and jobless, during which rapid radicalization occurred. Destitute and radicalized, he carried out the deadly shootings at a cultural center and a synagogue in Copenhagen in February 2015.
References
- Basra, R., Neumann, P., and Brunner, C. (2016). Criminal Pasts, Terrorist Futures: European Jihadists and the New Crime-Terror Nexus. London: CSR.
- Burchett, J. & Weyembergh, A. (2023). Prison and detention conditions in the EU. IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs. Accessed on September 23, 2023, from https://www.europarl.europa.eu/RegData/etudes/STUD/2023/741374/IPOL_STU(2023)741374_EN.pdf
- Clarke, C. (2016). Drugs and Thugs: Funding Terrorism through Narcotics Trafficking. Journal of Strategic Security, 9(3).
- Mikkelsen, R. (2007). U.S. prison system a costly and harmful failure: report. Reuters. Accessed on September 23, 2023, from https://www.reuters.com/article/us-usa-prisons-idUSN1841666120071119
- UNODC. (2017). Roadmap for the development of prison-based rehabilitation programs. Criminal Justice Handbook Series. Accessed on September 23, 2023, from https://www.unodc.org/documents/justice-and-prison-reform/17-05452_ebook.pdf
Research reveals a number of possible existential motivations for engaging in terrorism. Are these research findings important for understanding international terrorism, or are they unreliable?
When aligning with the positivist school of criminology, which considers internal or external influences on individuals as the primary cause of criminal behavior, it would be short-sighted to ignore the existential factors that motivate international terrorists.
Existential motivations
Cottee & Hayward explore three existential motivations for engaging in terrorism, namely the desire for excitement, the desire for ultimate meaning, and the desire for glory.
The authors also describe the goal of terrorism as two-fold: pursuing the political goals of small groups and exploring the site of individual self-drama and self-reinvention.
Researching existential motivation demands a qualitative approach to research, which is used to find meanings, feelings, and underlying opinions, therefore playing an essential role in understanding why individuals engage in international terrorism.
Cottee & Hayward did a convincing job to shed light on the motivations for engaging in international terrorism and how to manage the threat by exploring how terrorist agents feel and the emotional complexity of terrorism. However, other efforts are necessary for a more holistic understanding of the phenomenon.
Social network Theory
Bruinsma & Bernasco discuss the social network theory in line with other transnational crimes, describing social collaboration and organization in light of financial and legal risks. International terrorism suggests that the rewards are more “existential,” which introduces difficulty in applying the social network theory (which is focused on social organizations surrounding financial and legal risks).
Even so, international terrorist groups seem to consist of close-knit, cohesive, and ethically homogenous groups of people with shared spiritual or political beliefs, likening them to Bruinsma & Bernasco’s description of smuggling and large-scale heroin trading groups.
rational choice theory
Perry & Hasisi move away from the positivist school of criminology and discuss rational choice theory to review the religious, personal, and social incentives demonstrated by those who kill themselves in suicide attacks.
They argue that suicide bombers (in particular) are driven by the anticipation of costs and benefits, and they are committed to maximizing self-gratifying, beneficial behavior.
connecting the dots
Reviewing both theories closely, it’s possible to draw parallels between positivist and classical approaches and determine the overlaps in religious motivation and the desire to elevate the self. Both require a focus on mentality and empirical research, which ‘reads between the lines’ of quantitative research to understand social phenomena better.
Outside of the terrorist agent, modern developments also play a significant role in the increase in international terrorism, such as improved communication technologies, deregulated financial markets, and increased flow of people and products across borders.
All of these external factors should be considered in conjunction with internal and existential factors to gain a better understanding of the rise of international terrorism. As a unique transnational crime that includes a strong political agenda instead of a financial one, international terrorism demands a closer look at the existential motives, making Cottee & Hayward’s reading valuable.
References
- Bruinsma, G. & Bernasco, W. (2004). Criminal Groups and Transnational Illegal Markets: Examination on the Basis of Social Network Theory, Crime, Law & Social Change 41: 79–94.
- Cottee, S. and Hayward, K. (2011). Terrorist (e)motives: The existential attractions of terrorism, Studies in Conflict & Terrorism, 34, 963–986.
- Perry, & Hasisi, B. (2015). Rational Choice Rewards and the Jihadist Suicide Bomber. Terrorism and Political Violence, 27(1), 53–80. https://doi.org/10.1080/09546553.2014.962991
- LibreTexts. (July 17, 2023). Globalization and Transnational Crime in Human Security in World Affairs - Problems and Opportunities 2e. Accessed on September 03, 2023
- UNODC. (2018). Module 1: Introduction to International Terrorism in Education for Justice University Module Series: Counter-Terrorism. Accessed on September 03, 2023
Do you believe that the ICC could serve as a deterrent to international terrorism?
Given the International Criminal Court (ICC)'s current resource situation and the existing understanding of terrorism, I do not believe that the ICC could serve as an effective deterrent to international terrorism.
What is Terrorism?
There are various definitions of terrorism, yet no universally accepted definition exists. This makes it incredibly difficult to prosecute and fight terrorism, presenting an obstacle to global counter-terrorism efforts.
Instead, different nations understand terrorism as it is explained in various conventions and treaties, as well as independent scholars.
The most basic definition addresses three distinct elements.
- Violence
- Non-state actor
- Political purpose
Terrorism is, therefore, the unlawful threat or act of violence committed for a political purpose by a non-state actor.
Both the UN General Assembly and the Security Council have repeatedly condemned international terrorism as "one of the most serious threats to international peace and security."
Why Will the ICC Not Deter International Terrorism?
While some argue that the ICC may effectively deter international terrorism, the following reasons suggest otherwise.
Lack of Definition
First, there is no universally-agreed definition of terrorism which makes it difficult (and near impossible) for the ICC (or any international court or tribunal) to prosecute terrorism as a crime (Wertheim, 2003).
In addition, scholars debate whether international terrorism is a criminal act, thus implicating human rights law, or whether it surpasses the threshold for the violence of armed conflict and should be treated under humanitarian law (UNODC - United Nations Office on Drugs and Crime, 2020).
Possibility of a Political Offence
Second, without a clear definition, certain acts broadly understood as terrorism could be argued as “political offenses” to avoid consequences for terrorist actions. On the opposite end of concerns, it allows alleged offenders to be punished for their political convictions or affiliations rather than alleged behavior (Wertheim, 2003).
With this in mind, introducing terrorism to the ICC jurisdiction makes it difficult to balance fundamental human rights with justice and muddies the waters of the ICC’s safeguards against political charges.
Lack of Resources
Third, the ICC has previously rejected the suggestion that drug trafficking and terrorism be included in its jurisdiction due to its lack of resources which makes it difficult to tackle such a complex crime (Wertheim, 2003). This situation has not changed, and the likelihood of the ICC deterring future terrorists through swift and severe punishment is not an effective reality.
Deterrence and Terrorism
Finally, and perhaps most notable, is that deterrence efforts do not sway the motivation for terrorist acts. When applying the rational choice theory to suicide terrorists, Perry explores a thorough cost-benefit analysis that concludes death offers significant rewards.
The possibility of punishment does not outweigh the benefit of martyrdom, which comes with religious, personal, and social rewards (2015).
What is the Solution to Terrorism?
After addressing the above concerns, there’s a possibility that the ICC could prosecute terrorists and find justice for their crimes. However, I don’t think that the ICC could deter international terrorism. So, what is to be done?
Consider Agnew’s General strain theory which suggests sub-state terrorism is most likely to occur when people experience collective strains that are high in magnitude and affecting civilians, unjust, and inflicted by significantly more powerful “others” (2010). Applying this thought process to international terrorism, it’s possible to deter terrorism by reducing these strains and considering intervening mechanisms between collective strains and crime (Agnew, 2010).
Afghanistan, Iraq, Somalia, Burkina Faso, and Syria are the top five countries with the highest terrorism index in 2021. Consider what these countries have in common — what are the strains, and how can the international community help alleviate these strains?
Another option would be prosecuting select international terrorists under one of the other ICC jurisdictions, such as crimes against humanity. But while this demonstrates an attempt at finding justice, I do not believe it will deter future terrorists.
References
- Agnew, R. (2010). A general strain theory of terrorism. Theoretical Criminology, 14(2), 131-153.
- Perry, S., & Hasisi, B. (2015). Rational choice rewards and the jihadist suicide bomber. Terrorism and Political Violence, 27(1), 53-80.
- UNODC - United Nations Office on Drugs and Crime. (2020, November 13). E4J Global Podcast Series - Episode 6: Counter-Terrorism, Int'l Human Rights and Humanitarian Law. [Video] Youtube. https://youtu.be/J7N59VqwEIQ
- Vision of Humanity. (2022, October 21) Global terrorism index: Countries most impacted by terrorism. Retrieved March 12, 2023, from https://www.visionofhumanity.org/maps/global-terrorism-index/#/
- Wertheim, P. J. (2003). Should “Grave Crimes of International Terrorism” be included in the Jurisdiction of the International Criminal Court? Policy and Society, 22(2), 1-21.