January 1, 2009 — drsubrotoroy
One of my finest teachers at the London School of Economics many years ago had been Professor DHN Johnson, a pioneer of the Law of the Sea Treaty; reflecting upon the aftermath of the Mumbai massacres, it occurs to me that the Law of the Sea Treaty may provide the most expedient and lawful recourse in present circumstances, as well as a proper and clear basis for cooperation between the Government of India and the Government of Pakistan in the matter.
Both India and Pakistan have signed and ratified the Law of the Sea Treaty which reads at Article 101
“Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”
From the captured Kasab’s confession, it is clear he and his companions began their criminal activities within Pakistan (by training as terrorists and engaging in a conspiracy to commit mass-murder) and this continued outside Pakistan at sea:
“On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone. Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman (Tandel) in the basement of the launch.”
Pirates in law are Hostis humani generis or “enemies of mankind”. As signatories to the Law of the Sea Treaty, India and Pakistan may act jointly against the Al-Huseini and others associated with the acts of piracy including the maritime murders of the Indian fishermen that preceded the Mumbai massacres, thus solving the question of jurisdiction before it arises. The remains of the nine dead Pakistani terrorists presently in a Mumbai morgue can be buried at sea in international waters by whatever funeral procedure is due to dishonourable sailors and pirates. (The fish will not refuse them.) Kasab can be tried as a pirate too — though he really needs an American defence attorney to plea-bargain for him as he turns State’s evidence against the real masterminds of the plot, some of whom may be presently in the custody of the Pakistan Government.
December 6, 2008 — drsubrotoroy
A Quick Comparison Between the September 11 2001 NYC-Washington attacks and the November 26-28 2008 Mumbai Massacres (An Application of the Case-by-Case Philosophical Technique of Wittgenstein, Wisdom and Bambrough)
In my book Philosophy of Economics (Routledge, 1989) and in my August 24 2004 public lecture in England “Science, Religion, Art and the Necessity of Freedom”, both available elsewhere here, I described the “case-by-case” philosophical technique recommended by Ludwig Wittgenstein, John Wisdom and Renford Bambrough. (Bambrough had also shown a common root in the work of the American philosopher Charles Sanders Peirce.) Herewith an application of the technique to a contemporary problem that shows the “family resemblance” between two modern terrorist attacks, the September 11 2001 attack on New York and Washington and the Mumbai massacres last week.
Similarity: In both, a gang of motivated youthful terrorists acted as a team against multiple targets; their willingness to accept suicide while indulging in mass-murder may have, bizarrely enough, brought a sense of adventure and meaning to otherwise empty lives.
Difference: In the 9/11 attacks, Mohammad Atta seemed to have been a single predominant leader while each of the others also had complex active roles requiring decisions, like piloting and navigating hijacked jumbo-jets. In the Mumbai massacres, the training and leadership apparently came from outside the team before and even during the operation – almost as if the team were acting like brainwashed robots under long-distance control.
Similarity: Both attacks required a long prior period of training and planning.
Difference: The 9/11 attacks did not require commando-training imparted by military-style trainers; the Mumbai massacres did.
Difference: In the 9/11 attacks, the actual weapons used initially were primitive, like box-cutters; in the Mumbai massacres, assault rifles and grenades were used along with sophisticated telecommunications equipment.
Difference: In 9/11, the initial targets, the hijacked aircraft, were themselves made into weapons against the ultimate targets, namely the buildings, in a way not seen before. In the Mumbai massacres, mass-shooting of terrorized civilians was hardly something original; besides theatres of war, the Baader-Meinhof gang and the Japanese Red Army used these in the 1970s as terrorist techniques (e.g. at Rome Airport Lod Airport; Postscript January 26 2009: I make this correction after reading and commenting on the RAND study which unfortunately did not have the courtesy of acknowledging my December 6 2008 analysis) plus there were, more recently, the Columbine and Virginia Tech massacres.
Similarity: In both cases, Hollywood and other movie scripts could have inspired the initial ideas of techniques to be used.
Similarity: In both cases, the weapons used were appropriate to the anticipated state of defence: nothing more than box-cutters could be expected to get by normal airport security; assault rifles etc could come in by the unguarded sea and attack soft targets in Mumbai. (Incidentally, even this elementary example of strategic thinking in a practical situation may be beyond the analytical capacity contained in the tons of waste paper produced at American and other modern university Economics departments under the rubric of “game theory”.)
Similarity: In both cases, a high-level of widespread fear was induced for several days or more within a targeted nation-state by a small number of people.
Similarity: No ransom-like demands were made by the terrorists in either case.
Similarity: Had the single terrorist not been captured alive in the Mumbai massacres, there would have been little trace left by the attackers.
Difference: The 9/11 attackers knew definitely they were on suicide-missions; the Mumbai attackers may not have done and may have imagined an escape route.