Reflex Approach in the Drive Against Terrorism : Proportionality of Counteraction Measures
By Vladimir Iliev
Abstract
This article is devoted to the
pragmatic use of reflex in setting up proportionality as a guideline for
decision making, strategic planning and concrete action in cases of terrorist
activities that imply hostage taking. The paper discusses the impact of the
reflex approach upon those actions that are undertaken by diverse authorities
and security agents in order to overcome situations of extreme stress and
crisis by means op appropriate and proportional
stress and crisis management.The challenge lies in
the relevance of social reflex action against crime and terrorism for proportional
reactions against terroris. The structure of the
social reflex action is analyzed. Some examples of low reflex reaction against
terrorist threats and attacks are provided. The main features of a
stress-situation, the behaviour of negotiating countries, the
management of terrorist reactions in terms of the reflex approach are analyzed.
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Key
words: proportionality, social reflection, terror, hostages, risk, deviation,
conflict.
Introduction: Proportionality as a
Kind of Social Reflex Action against Crime
All sorts of reaction against crime stem from the notion of crime, as it
develops on the ground of our perception, definition and finally on our
construction of crime... Setting up such general notions is a complicated and long
process. Culture and convenience, but also collective experience, ethics and
supporting normative settings are involved in that process.
Although some periods of
stagnation and sometimes, of course, of regression, through the mechanism of
reflex, went hand in hand with the process of the crime notion construction,
the fact that the latter has come into existence can hardly be questioned. The
notion of crime in all its various forms exists. Social reflex is a generalized
and analysed sum of information received in course of the process we call
social cognition. This generalized information has got a systematic nature. From
the point of view of reflexive social cognition, it is part of a complicated system
of a double level order. The system, at the first level, states genuinely facts
and regularities of social cognition, the second level notes and recognizes
complicated phenomena of cognition analysis.
It is obvious that proportionality impacts on the system’s second level
- which registers and determines the whole gamut of complicated relations and
interactions that develop in reaction against crime and that are involved in
the complex social phenomenon of crime. The original meaning of the word proportionality
refers to mathematics where it denotes the relation between two variables whose
ratio is the same. If we apply that paradigmatic use and meaning of the word
proportionality to the crime phenomenon, it is then that proportionality Proportionality is the relation between two variables – the
objective status of crime, onj the one hand, and the
reaction against crime, on the other hand.. As for the
common ration of these two variables it might consist either of a quantitative
or a qualitative correlation. Suppose we have to do with a very high number of murder. In quantitative terms the relation between that very
high crime rate and the reaction against crime can be thought of as a
proportional relation from the moment on when the reaction against that high
crime rate is itself a high reflex action. For example a wage
of hate crimes flews over the members of a given
community or ethical group. In reaction the community or ethnic group requires
for more protection, appropriate law enforcement and severe punishment. The
reaction is in proportion to both the victimimization
of the community / ethnic group (number of real victims and risk of
victimization) and the increase in the number of hate crimes. Analogically we
are tempted to argue that death penalty, if it were applied to people who do
not respect dfense to smoke in public spaces would be
disproportionate to the severity of the offense.
In both cases the reaction is proportionate if it corresponds exactly,
either on the quqntitative or the qualitative level
with the Number of offenses/ severity of the severity of theoffense.
Given the circumstance that difference and divergence in time, space,
society, culture and religion imply different and heterogeneous stand-points in
regards to those actions which fit the best in with the inherent requirements
of the drive against crime, proportionality itself can never be considered as
an absolute, is always relative.. An appropriate
action is an action that is defined with reference to and taken in accordance
with the "necessary and appropriate proportionality". Accordingly the
“necessary and appropriate proportionality’ is itself a matter of controversy.
The answer to the
question: what is a proportionate action against crime?, varies
itself as a function of the difference and variety of stand-points. The same
observation applies to the question: From when on the drive against crime is
proportionate to the security requirement?
..
Experience teaches that a reaction which is proportionate from the viewpoint
of somebody is disporoprtionate in the eyes of
another individual.The same observation applies to
the penalty. However, the reaction against crime, at that basic analytical
level, holds almost always a social disease. What is central to that disease is
“inadequate proportionality”. Obviously the legal system as well as collective
cognitive processes set limits to the spreading of non adequate
proportionality. Accordingly the relativity of proportionality as it is
involved in the reaction against crime, is somehow counter-balanced by that
what is central to the reaction, i.e social desease. Why? It is simply because the latter provides consistence
and continuity to the relativity and frailness of proportionality. It works to
the profit of homogeneity in a field that demonstrates contingency and
heterogeneity. However such homogeneity
suffers a great number of exceptions. Maybe the most eloquent example is the controversy
about the death penalty. In some places it is accepted, but in others it is energetically
rejected. Abortion, genetic engineering, and use of non-traditional methods to
influence people, etc are other examples. The question that is central to all
these cases is whether such practices and methods, if they were applied, are
proportionate to their aim or not? .
The question of proportionality in the drive against crime is genuinely
a modern question Among the reasons that contribute to the explanation of his
particular phenomenon, social change comes in front That change as well as the transformation
of the structure of the social space affected in a decisive manner many of the
western societies - at the end of the 20th century and at the
beginning of the 21st century. Due to that social change, risk, deviance
and conflict impact all aspects of our everyday life. To its largest extent,, risk, deviance and conflict are central to a new
existential condition, they are no longer considered as not normal, and they
cannot be considered as exceptions either. However it would be an error to believe
or to acknowledge that such a social change could come into existence
independently from the inherent cognitive processes in modernity which impacted
in a substantial manner moden peoples’ perception of
modernity and modern peoples’ belief in progress and in emancipation as it evelops on the ground of modern culture and Enlightenment.
It could be that the “risk society” is a pattern that stems
genuinely from cognitive processes that developed within the frame of modern culture,, not by virtue of substantial change in modern society.
After all, in comparaison to the extremely risky
archaic societies and the, pre-modern societies of The Classical and the Middle
Age, our modern societies are to be thought of as low risk societies. What is
involved in modern collective cognition and experience is the optimistic
attitude towards modernity as a means to develop progress, control,
emancipation and safety. On the contr ary, the
catastrophes of the 20th century, the collapse of the traditional
value and ideological systems, mass mobilioty, social
change, anomie etc have undopubtadly disturbed such
an optimistic vision. Although the death risk or the risk to become a victim of
a crime, as it is specific to our post-modern societies, is, from an objective
viewpoint, infinitively lower than it was in archaic or premodern
societies, we are tempted to perceive that risk as very high. In fact our
perception and experience of risk is proportionate to the lose of the – however listening dream of the
promises of modernity. .
Are we willing to engage in social management? Is it a suitable and
realistic option to turn the society into an actor of positive correction? All
depends pn our willingness and ability to adapt to
live under conditions of risk, deviation and conflicts. It is then that social reflex,
by producing appropriate reaction against crime, is becomes a very important
cultural and communicative means to survive and to reach the goal of social
development. Reflexive culture is an important part of the culture for life
management. Life management by means of social reflex implies our willingness
and our capability to develop and to implement drive against crime strategies,
both at the level of the individual and at the level of the society...
The structure of social reflex action against crime defines the level of
proportionality of counteraction. It consists of three elements:
“Mimesis” is central to social reflex. It is because social reflex can
be thought of as a sorts of knowledge and of
understanding, as it develops on the ground of the process that enables us to
put ourselves at the place of the other, to suppose and think as if we were the
other. In sum, social reflex is knowledge by means of the process that engage us to mime the other. In this respect, crime is the
phenomenon’s most important feature..
Tthe reflex
approach to crime risk consist of the following basic elements::
To be successfully applied, reflex action against crime and deviance,requires an innovative
approach to the perception of crime. The innovation consists in clearly
distinguishing between. the posisitive
crime connotation (for example.” the genius”) and the negative one (for example.
the criminal). Indeed in ever day life both are often confused and both are
mobile in time and space. For argument’s The “genius criminal” has developed
into a real popular myth which is predisposed towards crime apologi.. The daily routine, indisputably, is not a coloured comic
and things are much more prosaic - criminals are criminals and talents -
talented. On that account, such sorts of reflex action against crime and deviance might be
considered as “deviant reflex”. However, it is very important to understand
that the maxim: Deviant behaviour shall always be examined from multiple and
different standpoints and positions sfould always be
the guideline. This is the price we have to pay in order to get, in a creative
process, adequate proportionality towards crime.
Crime constantly causes social conflicts of different type and
structure. By studying carefully social conflicts, as they develop on the
ground of crime, we can define the need for as well the level of proportional
reaction against crime and conflict in an appropriate manner.
It
is important to note that proportionality should always result from the
analysis of the three elements composing the social reflex structure against
crime: risk-reflex, deviance-reflex and conflict-reflex.
, In this regard terrorism can be thought of as a real paradigm:
Terrorism presents the following characteristic aspects: it is a massive social
risk, it demonstrates criminal deviance and it holds an acute social conflict
with wide ranging repercussions. Despite the efforts that have been undertaken
– worldwide, in order to adjust the effective and uncompromising drive against
terrorism, it would be an error to deny that some types of low reflex, at the
level of one of the three components (risk, deviance and conflict) or regarding
altogether might impede the adjustment process in the drive against terrorism. What does it mean?
Firstly, there are cases of low reflex action against the inherent risks
of terrorism. For example, when we speak about terrorism, either as a
phenomenon endangering a personality, or in the other case - only a country, our
terrorism speech holds low social reflex. To preclude the impeding factors,
there is need to develop a very good preventive communication
strategy that consists ideally in informing the public about terrorism’s global
threat. The communicative goal is reached when the public acknoleges
that terrorism threats not only the whole society, but also the existence of
the individual and increasingly the environment..
Secondly, there are cases of low reflex action towards terrorism when
the perpetrators are taken as "fighters for justice or freedom”,
“courageous defenders of certain cause", "flustered people" etc.
It is necessary to point at the fact that perpetrators are not only high level
criminals but also people that demonstrate the top level of criminal deviance.
It is imperative to understand that low reflex action, in such cases, is never
more than a hypocrite arrangement for “proportional” reaction working to the
profit of the terrorist and to the detriment of the society. In fact it is
disproportional.
A third series of examples of low reflex deals the conflict nature of a
terrorist act. In this regard the attitude that consists either in minimizing
or complexly ignoring the social impact of the conflict or in hyper emphasizing
the conflict’s impact upon society as well as its far
reaching repercussions is symptomatic and highly eloquent. To better understand the point which is common
to both cases of low reflex, let us use a metaphor. In the first case our
reflex is limited to the stone that is thrown into the water only, it is not in
proportion with the waves caused by the fall of the stone. In the second case
our reflex refers genuinely to the waves, at a point that we might miss the
stone. Here again our reflex is disproportional.
In the drive against terrorism, negotiation for hostages’ liberation is
a very important topic. In the following we will discuss the reflevance of reflex action to that specific case.
Within the framework of that
special topic social reflex demonstrates its ability to contribute in a substantial
manner to the development of proportional reaction against crime. The question
of how the use of social reflex generates adequate proportionality in the drive
against crime is central to the discussion. .
Approaches to Reflex Action against Terrorism.The Case of Negotiations for Hostages' Liberation
Terror is an utmost form of violence against a particular individual or
a group. There are two major approaches within the framework of reflex analysis
as a means of terrorism counteraction - the "hard" and the "soft"...
The hard approach is an attitude that lacks in compromise... Its features are:
refusal of negotiating, refusal of concessions, fast and aggressive
counteraction involving physical force and the use of firearms...
On the contrary, negotiation is central to the "soft” / “flexible”
approach. In general negotiation is used as a means to reach a compromise and
to reduce the escalation potential of the conflict. Negotiation is inherent
part in the strategy that is aimed at the development of alternative ways that
work in favour of conflict solution with a peaceful outcome...
In some particular cases each of both might be relevant. For argument’s
sake, at the rising of certain incidents, it might be opportune to choose either
the one or the other, regardless to the strategy that has been initially
approved by the authorities of a given country. For example the authorities
that have adopted a hard liner strategy, might, at a given moment, rather
prefer the flexible line, and vice versa.
Hence
In the case of negotiation with terrorists, the reflex approach presents
a very high level of complexity. That complexity reaches its peak with the negotiation
for hostages’ liberation.Therefore reflex, as it is
involved in negotiation for the liberation of hostages, might serve as a
paradigm in regard to the explanation of issues that are less complex – for
example: negotiations that deal the occupation of buildings, the treatment of dangerous
material, the setting up of conditions on the execution of political demands,
the paying ransom and so on.
This said, we consider negotiations for
hostages’ liberation as the most developed form of negotiations with
terrorists.
, Hostages are taken for different reasons. Many of the questions
dealing the negotiation’s nature are common to the various particular cases,
but they should be examined subordinately to the following rationale:
Hostage taking stems from the economy of plus value,
it is always aimed at profit making. Negotiation too.
Hence the economic goal is relevant to both camps. Below the listing of the
major “positive” target features:
As for the authorities, the authorities pursue the major target
features are
Negotiations for hostages’ liberation might be divided into three types:
Negotiations with terrorists are
structured in a specific and complex manner: First of all, they present a
horizontal structure in as much as they develop on the ground of the
relationship and the interaction between a negotiation conductor who acts on
behalf of the country or government, on the one hand, and the terrorists who
have taken hostages. Within this framework demands are articulated, decisions are
found out and conditions are posed. At the same time, negotiations operate in a
vertical manner. This is because each part that is involved may be considered
as a spokesman or a representative who acts on behalf of the authorities that
provide respectively for instructions. In almost all negotiations with terrorists,
both the terrorists and the police and other security forces of the attacked
state, operate in accordance with the orders they receive from their respective
headquarters.
The countri’s authorities must seek for
opportunities which facilitate the prediction of the outcome. To reach that
goal, they must demonstrate self control and confidence..
The main tactical aims at negotiations consist in gaining some time, receiving
information about the terrorists and the hostages, getting in touch with the
criminals and persuading them to act wisely, according to the inherent risk of
conflict escalation and lose of lives...
It is abundantly clear from reflexive analysis that in the majority of the cases the negation is targeted to the following
goals:
Indicators that favour good working negotiations are:
The most important information that
should be received during the negotiations process,
refers to:
Situation of Negotiations with Terrorists
There are good reasons to define the case of negotiation with terrorists
as:
Under extreme circumstances stress might develop. The following stress
factors are to be considered;
a) stressors of internal uncertainty; b) stressors of external
uncertainty; c) stressors of subjective
importance; d) stressors of of objective importance.
By “stressors of internal
uncertainty” we understand the stress factors that develop through lack of
clear definition regarding cognitive processes and behavioural pattern, et the level of the individual’s psychology. In other words
this means that stressors of internal uncertainity
develop by means of indefinable patterns insides the cocnitive
and behavioural proceses of an individual. On the
contrary, by “stressors of external uncertainty we understand those stress
factors which develop on the ground of indefinable environmental factors
outsides the indidividual’s cognitive and behavioural
structure. “Stressors of subjective importance” are stress factors that stem
from the subjective evaluation of the importance that a person grants to the
way he / she behaves in a given situation. “Stressors of objective importance”
are stress factors that derive from those factors that impact, in a decisive
manner, the social, political and humanitarian context. It is important to
acknowledge that the impact of all these stressors can be determined by means
of empirical evidence. This assumes that bothn the stessors of subjective importance and the stressors of
objective importance are to be considered as facts. He
involvement of subjective evaluation in stress does not affect the objectivity
of the stress situation.
For the authorities stressors of external ambiguity and importance have
absolute priority. Among the stressors of external ambiguity, the following are
worthy to be mentioned: Impossibility to preview the development of situations,
especially at the beginning of the negotiation, time and space limits of a
conflict, insufficient information about terrorists and hostages; no or not
enough time for rational decision making and objective evaluation, possibility
of changes in situation under influence of casualties and unexpected
circumstances etc.
Among the stressors of outer importance, the most important stems from
the authority’s responsibility to appropriately evaluate the potential of hard
and irreversible consequences of the actions they are tempted to realize... For
the terrorists the main stressors are the external ambiguity and the inner
importance. Stressors of external ambiguity are: deficit of information about a
possible counter-measure of the country, attempts made in order to realize
their plans and to solve problems; progressive abandon of resistance, without
giving up the achievement of the aims; impossibility to preview /predict with
certainty the reaction of the public opinion towards terrorists' activities
etc.
Among the stressors of inner importance, as they develop on the ground
of counter-measures, the main one is the choice of the tactics "va
banc": either granting their demands, or a check mate (including
lethal exit). From the very beginning of their operations, terrorists know very
well that there will be some casualties.
As for the hostages, stressors of external ambiguity prevail, and they
provoke anxiety and scepticism in regards to their real life risk..
It is abundantly clear from research that terrorist activities rarely
stem exclusively and genuinely from the motivation of an individual; it is even
not clear to which extent the motives of an individual might cause an act of
terrorism... Even in the presence of common (social) and individual
(psychological personal) peculiarities), explanations miss an «determining
link", which might explain why a person commits a terrorist act. This
"determining link" is called “extremist’s consciousness". It
could be defined as:
It might be argued that women shows a predisposition towards a more
lightly development of such an "extremist type of personality". As an
extremist woman has declared, men reach fanaticism under the yoke of their
ideological background, while women reach it by being impelled by the fury of
their tears. Women differ from men in as much as the former demonstrate a
special bravery, daring, recklessness, even cruelty in committing acts of
terrorism. That is why, in situations of negotiations with terrorists, the
participation of female-terrorists is worthy of special consideration and
attention.
It is important to acknowledge that in the first minutes of a conflict,
terrorists are extremely exasperated and aggressive. Their major aim: Break the
willingness and the free choice of hostages by means of physical violence and
activities with bloody outcome. Accordingly resistance in, a beginner against
an armed terrorist might lead to a spontaneous and dangerous reaction. Given
the risk of escalation, both the authorities and the hostages should demonstrate
composure the majority of the cases the intervention of Special Forces aimed at
the liberation of the hostages can hardly be recommended. It is because such an
option, if it were realized, might provoke the terrorists in a counter-productive
manner and end in bloodshed/.
During the whole negotiation process with terrorists, the hostages face
a very difficult and stress situation. The latter impact in a considerable
manner the way they behave in order to react... A stress situation provokes,
along with other reactions, a specific, social-psychological phenomenon... In
due course of time the terrorists and the hostages engage in a process of
reciprocal emotional dependence. This phenomenon is called the «Stockholm
Syndrome". The latter, from the psychological point of view, holds the
following reactions: the hostages demonstrate positive emotions towards their
perpetrators; the hostages begin to demonstrate their unease with the authorities
and the actors that negotiate on behalf of their country by means of negative
emotions and criticism; at the same time the terrorists develop a kind of
sympathy with their hostages. The “Stockholm Syndrome” develops on the ground
of victims and offenders who interact under extreme stress. The rationale is a
following: Each of both feel sympathy for the other as they are on the “same
boat”. The interaction and interdependence is intense at the point that the
activities of the authorities and the actors that behave on behalf of the
hostages’ country are perceived by both, the terrorists and the hostages, as a
factor that, by involving an “outsider”, might cause serious troubles to the
safe shipping of the boat.
Among the factors that favour he development of the "Stockholm
Syndrome» time is worthy to be considered in front. The factor time is always
favourable for the development of the syndrome, at the condition that both, the
hostages and the terrorists, engage in a contact and communication partnership
that is lacking in negative influence and distrust. It would be an error to
consider the phenomenon of the “Stockholm Syndrome” as a factor that prompts
either positive or negative effects. Both are equally relevant and work at t
the same time...As for the positive factor, consider: the more the syndromee is developed, the less the death risk of the
hostages. N the contrary, the syndrome might work to the detriment of the
reliability and objectiveness of the information that the terrorists provide to
the authorities/
The Negotiating Team from the Part of
the Country
The inherent psychological rationale of leading negotiations with
terrorists requires negotiation leadership that must demonstrate that it is
capable of satisfying complex and problematic quest and demands in an
appropriate manner. For an individual person it is often difficult, sometimes
impossible, to reach that goal. Under such conditions it might be preferable to
involve a whole team of communication specialists, psychologists and
psychiatrists in the negotiation...
. Ideally the negotiation leader / the members of the negotiation team
are required to
: Bad
negotiators lack in sufficiently developed reflexive skills; demonstrate
overconfidence in the strength, power and firmness; are predisposed towards a
rigorous and formal attitude towards people and communication; lack in clear
communication; offer low language skills; do not demonstrate emotional
maturity, do not fulfil the requirements of physical and psychological firmness
etc.
Reflexive Management of Terrorists’ Behaviour
Reflexive management is aimed at the development of conditions that
favour the manipulation of other people. Reflexive management is the process
that constraints other people to behave in the way you want them to behave.
Reflexive management is a wide platform for interaction with terrorists. Basically
reflexive management develops on the ground of reciprocal reflex action, as it
is central to the interaction between the authorities / representatives of a
given country and the terrorists. Social cognition is a very important issue
inasmuch as the level of adequacy of social cognition, on the part of the
opponent, impacts the outcome of the negotiation in situations with hostage
taking. A high level of social cognition works to the profit of the hostages
and the negotiators / authorities a low level to their detriment. The gain is
always in proportion with the level. A downright and naked lie should be
avoided, because it might help developing a situation that is out of control.
Instead we recommend using the strategy that lives from the maxim: “the truth, only the truth but not the
complete one". In almost all cases it works to the profit of the
hostages and the authorities.
Reflexive behaviour, on the part of the authorities and country
representatives, is a guarantee for proportional reaction against hostages’
taking and terrorism as well as crime.
General Conclusions about the
Proportional Reflex Approach in the Drive against Terrorism
In the drive against terrorism, both the strategic and the tactical
reflex approach shall become an inherent part of law enforcement.