The Bakraoui brothers: from common crime to Isis: Common criminals who turned to terrorism

The Bakraoui brothers: from common crime to Isis

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(COMBO) This combination of handout pictures obtained via Interpol on March 23, 2016 shows Khalid (L) and Ibrahim (R) El Bakraoui, the two Belgian brothers identified as the suicide bombers who struck Brussels on March 22, 2016, as a manhunt for a third assailant in Belgium&squot;s bloodiest terror assault gained pace. Two suicide blasts hit Brussels&squot; Zaventem airport on March 22, 2016 morning followed soon after by a third on a train at Maalbeek station, close to the European Union&squot;s institutions, just as rush-hour commuters were heading to work. The triple blasts that killed some 30 people and left around 250 injured was claimed by the Islamic State jihadist group. / AFP PHOTO / Interpol / - / RESTRICTED TO EDITORIAL USE - MANDATORY CREDIT "AFP PHOTO / INTERPOL- NO MARKETING NO ADVERTISING CAMPAIGNS - DISTRIBUTED AS A SERVICE TO CLIENTS-/AFP/Getty Images©AFP
Images from Interpol of Khalid and Brahim El Bakraoui, the brothers identified as two of the Brussels suicide bombers
The brothers identified as two of the Brussels suicide bombers were known to Belgian police for years as street criminals. But Khalid and Brahim El Bakraoui moved on to their radar for potential ties to terrorism in the months after the November attacks in Paris.
As recently as last week, Belgian media was reporting that police were looking for both men after a shootout in the southern Brussels neighbourhood of Forest led to the discovery of a suspected safe house used by Isis operatives.
After the Forest shooting, in which three police officers were wounded, Dernière Heure, a Brussels tabloid that has broken several developments in the case, reported that police were hunting the brothers but said they might not have been in the flat at the time of the shootout.
RTBF, the Belgian state broadcaster, reported that Khalid had rented the Forest flat using an assumed name.
Their links to the Paris attacks centre on a flat in Charleroi, a town in southern Belgium, where Khalid was reported to have rented a flat under the name Ibrahim Maarouf, starting in September.
Police raided the flat in December and found the fingerprints of Abdelhamid Abaaoud, leader of the Paris plot, and Bilal Hadfi, a Belgian national who blew himself up near the Stade de France in Paris. Investigators believe the Charleroi flat served as a safe house in the weeks leading up to the Paris attacks.
Authorities are investigating the brothers’ ties to a third flat in the northern Brussels district of Schaerbeek, where explosives, chemicals and an Isis flag were found in raids after Tuesday’s attacks.
Dernière Heure has reported that a taxi driver who took the men to Brussels airport on Tuesday morning led police to the house where he had picked them up after recognising them from CCTV images the authorities had released.
Before their apparent involvement with Isis, the brothers, like several of the Paris plotters, had been in and out of court for common crimes. Brahim was sentenced to nine years in prison in 2010 for shooting at police officers after an attempted raid on a currency exchange office, it was reported at the time.
According to Belgian police and media reports, Brahim acted as lookout for two accomplices in the attempted raid on the Western Union bureau on Adolphe Max street. Surprised by a police patrol, the three sped off and opened fire, hitting one officer in the leg.
The men crashed into another car and took refuge in a house on Rue de Wautier, close to the canal that cuts through Brussels.
Khalid was handed a five-year suspended sentence for attempted carjackings in 2011. When he was arrested, he was in possession of assault rifles, police said at the time.
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A quiet morning in Brussels ends in gruesome terror attacks

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Victims at the Brussels airport “were in pieces,” recalls a former Belgian commando.















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Today's Headlines 

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Today's Headlines: Putin’s Paranoia Is Driving His Foreign Adventures | Obama, Castro to Address Progress, Disagreements in Havana | Is Russia Really Pulling Out from Syria? Nyet - Observer | Russia warns US it will use force in response to Syria cease-fire violations - Fox News | The costs of Obama’s Syria policy are apparent to everyone but him - The Washington Post

A Possible Tool to Unlock the iPhone Means Something…or Nothing 

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To read the news over the last 24 hours, you’d think the FBI had given up the ghost with its announcement that maybe, just maybe, it had a way into the San Bernardino killer’s iPhone without Apple’s help. What should we make of the FBI’s motion to postpone the court hearing that was scheduled for today while it determines whether a new method for unlocking the iPhone exists? Maybe a lot, in the short term, but maybe very little.
And in the long term—and the long term may not be that long—it changes nothing at all.
Let’s consider the short term first.
The Department of Justice reports that:
On Sunday, March 20, 2016, an outside party demonstrated to the FBI a possible method for unlocking Farook’s iPhone. Testing is required to determine whether it is a viable method that will not compromise data on Farook’s iPhone. If the method is viable, it should eliminate the need for the assistance from Apple Inc. (“Apple”) set forth in the All Writs Act Order in this case.
Note that the FBI has had this information for less than 48 hours. It is requesting a delay in order to conduct testing. There is some possibility that the method will not work at all on the phone in question or that it will not work with sufficient certainty as to the protection of the data to permit the FBI to move forward with it. In that case, the significance of this episode is limited to confirmation that the FBI is continuing to pursue methods to unlock the phone. We can expect the case then to proceed.
Conversely, if the method is viable, the government may withdraw its motion to compel assistance under the All Writs act on grounds that the assistance is no longer necessary. In that case, the episode has a number of short-term ramifications:
  • There is some degree of embarrassment to the FBI, which announced that it could not do this without Apple’s help, only to find that someone else could.
  • There is some degree of embarrassment to NSA, which FBI Director James Comey strongly (somewhat elliptically, to be sure) suggested lacked the technical capability to help the FBI unlock the phone.
  • There is some degree of embarrassment to Apple, whose phone turns out to be unlockable after all.
  • The current litigation is likely to go away and everyone lives to fight another day.
Probably.
Readers may recall that in the iPhone case in the Eastern District of New York, the government sought a judicial opinion even after the defendant pled guilty. There the Department of Justice argued that its application for assistance in unlocking an iPhone running iOS7 was not mooted by a guilty plea. The government argued that it still had an interest in obtaining the evidence on the phone to determine customers and sources of drugs, as authorized by the scope of the warrant. That case will continue and is unaffected by the development of a new tool. A federal district judge is currently reviewing the decision of Magistrate Judge James Orenstein, denying the government’s motion. In CDCA, it is possible that the new tool could work but that the matter—for one reason or another—would still not be moot, for example if the government obtained some data but not all.
Failing that, however, we may have to wait for another case to resolve the big questions—assuming of course, Congress does not decide to resolve the matter first. If things go in this latter direction, and the issues are left for other facts and another day, the short-term outcome would highlight at least two very interesting points:
First, we do not know, and perhaps will not know, who developed this iPhone cracking tool, how specific the tool in question is to a given iPhone and operating system, and thus how powerful a weapon it is both in the hands of the FBI and in the hands of the FBI’s new partner (whoever that may be). A new tool to extract data from an iPhone 5C running iOS9 is useful to the case at hand, but represents a small subset of “Going Dark” cases, now and in the future. Conversely, if the tool does appear to have broader uses, this could be a big deal. Will the FBI hand it over to Apple so that Apple can patch? Don’t bet on it. There is no legal obligation for the FBI to do so. And given that Apple will not help the FBI hack its devices, there’s no good reason for the FBI to help Apple plug vulnerabilities the FBI needs to effectuate warrants with which Apple won’t help.
Second, the episode would demonstrate the possibilities of the kind of “lawful hacking” advocated by some members of the information security community as an alternative to the assistance sought by the FBI. The Justice Department’s motion comes shortly after an announcement out of John Hopkin’s university regarding flaws—which have now been patched—in Apple’s encryption of some videos and images. Vulnerabilities do exist. And maybe, since we can’t agree on what a cooperative posture between law enforcement and the tech companies would look like, the episode highlights the possibilities of an adversarial posture between the two.   
In the longer term, however, the episode changes nothing. It merely defers the important questions which we’re eventually going to have to resolve, either in the courts or in Congress or both.
  • Does the All Writs Act apply to compel this type of assistance from an information service provider like Apple, or is such an order precluded by CALEA?
  • If the All Writs Act does properly apply, what constitutes an undue burden under the controlling test inNew York Telephone Company?
  • Is there an obligation for the government to seek assistance from other federal agencies and the commercial sector before demonstrating that non-party assistance is required as a matter of necessity under the All Writs Act?
  • More generally, what obligations do we want companies like Apple to have to cooperate with and assist law enforcement in the investigation and prosecution of their users?
Eventually, we’re still going to have to answer these questions, even if the current case wilts on the vine.
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Today's Headlines and Commentary 

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Today, President Obamametwith Cuban President Raul Castro as part of an historic visit to Cuba as the two countries revitalize diplomatic relations. President Obama arrivedin Havana yesterday, becoming the first U.S. president to visit the neighboring country in nearly nine decades. The New York Timeswritesthat Obama pledged to interact with the Cuban people directly and accelerate engagements between both nations. However, just hours before the president arrived, Castro government forces arrested dozens of protesters at the weekly Ladies in White march organized to demand the release of political prisoners in Cuba. The Timestells us that “the protest was widely seen as a test of Cuba’s tolerance for dissent during the presidential trip, and the arrests confirmed that Cuba was maintaining its long history of repressive tactics, if not intensifying their reach.”
Last Friday, Salah Abdeslam, the last remaining fugitive from the November 13 Paris terrorist attack, was captured in Belgium. According to the Wall Street JournalAbdeslam has yielded critical information on how he used local networks to hide in Belgium’s capital since the attacks in November and also admitted that he was preparing more attacks. The New York Timesreportsthat Abdeslam indicated that he wanted to detonate his suicide vest alongside of three other terrorists outside of the Stade de France soccer stadium. However, Abdeslam “backed out” at the last minute. Belgian security officials have also released the nameof an assailant believed to be one of Abdeslam’s accomplices. The Timestells usthat “Najim Laachraoui, 24, was one of the two men using fake Belgian identity cards who were with Abdeslam in a Mercedes on September 9 as they passed through a checkpoint between Hungary and Austria.”
Yesterday, the PentagonidentifiedStaff Sgt. Louis F. Cardin as the U.S. Marine who was killed in an Islamic State attack in northern Iraq over the weekend. The attack took place on a compound near Makhmour, about 70 miles from the Islamic State-controlled city of Mosul. The Wall Street Journalshares that Sgt. Cardin’s death was the second combat fatality in the United States’ fight against the Islamic State. Military.comcategorizesSgt. Cardin’s death as highlighting the difficulty of the military’s “accelerated” campaign to take back Mosul and Raqqa from the pseudo-state.
Following the announcement of Sgt. Cardin’s death, the United States revealed that it will deploy more troops to IraqAl Jazeerareportsthat although it was unclear of how many troops would be deployed, the move “was made to bolster security at a coalition base near Makhmur on the frontlines with ISIS in northern Iraq.”
President Obama wants the Islamic State defeated by the end of his term, the Hillreports. Secretary of Defense Ash Carter said that President Obama told him and Chairman of the Joint Chiefs of Staff Joseph Dunford to “get this done as soon as possible. I’d like to not leave this to my successor.” Although the Obama administration has only nine months left in office, Secretary Carter remains optimistic and commented that he was “confident that we’ll do it.” The Hillhas more.
In other Islamic State news, the New York Timessharesthat a Turkish member of ISIS carried out a suicide bombing that killed four people in one of Turkey’s most popular shopping outlets and tourist hot spots over the weekend. Turkish citizen Mehmet Ozturk was identified as the suicide attacker who struck Istanbul’s central Istiklal Avenue on Saturday. Three Israeli citizens and an Iranian were killed and dozens of others were injured in the assault. Two of the Israeli victims held dual Israeli-American citizenship. The Timeswrites that “the bombing was the fourth such attack in Turkey this year, and it underscores the country’s growing vulnerability as it fights in conflicts on two fronts,” one against the Islamic State and the other against Kurdish insurgents.
Speaking of Kurdish insurgents in Turkey, three Turkish soldiers were killed in a bomb attack on their military vehicle in the southeastern town of Nusaybin near the Syrian border. Although there was no immediate claim of responsibility, Reuters reportsthat the town has suffered from repeated clashes between Turkish security forces and Kurdistan Workers Party (PKK) militants.
Over in Geneva, the Syrian peace talks continue. Reuters tells usthat Syrian government negotiators are coming under increased pressure to discuss the fate of President Bashar al Assad. Yet, they are doing their best to avoid the topic. Arguments over President Assad’s fate were the main causes of failure in previous peace efforts in 2012 and 2014. Reuters writes that “the main opposition, along with the United States and other Western nations, has long insisted any peace deal must include his departure from power, while the Syrian government and Russia have said there is no such clause in the international agreements that underwrite the peace process.”
Meanwhile, the Syrian opposition will assess at the end of the week whether they will continue the peace talks with the Syrian government. According the Guardian, the opposition’s chief negotiator said that the Syrian government is “refusing to engage in detailed negotiations and instead continuing to starve Syria into submission.” Staffan de Mistura, the U.N. Syrian special envoy, is due to pause the peace process on Thursday and continues to face difficulties trying to persuade the Syrian government to engage in a detailed discussion about a transitional body to run Syria and President Assad’s role. De Mistura had admitted that there are large gaps that will need to be addressed.
As the opposition party debates their participation in the peace process, the United States hasrejectedRussia’s call for an urgent meeting regarding violations of Syria’s three-week “cessation of hostilities.”Reuters reports that earlier today, “Russia’s general staff of the armed forces proposed to hold an urgent meeting with U.S. representatives to agree on the mechanism of controlling the ceasefire in Syria, saying it would act unilaterally starting from March 22 if it gets no response.” However, a U.S. official told Reuters that “we have seen the media reports on alleged Russian concerns over ceasefire violations. Whoever is making such statements must be misinformed, because these issues have been discussed at length already, and continue to be discussed in a constructive manner.”
In Afghanistan, American drones and fighter jets have dropped 251 bombs and missiles in January and February as part of President Obama’s widening war against the Islamic State. The New York Timesshares that this number is more than three times the strikes in the same period last year, according to data from the Air Force. Read more from the Timeshere.
Yesterday, Iran’s Supreme Leader Ayatollah Ali Khameneistatedthat the United States is still “fundamentally hostile to Iran and its policies have undermined the benefits of sanctions relief.”Reuters reports that while speaking at a rally on Sunday celebrating Iran’s new year, Khamenei said fear of U.S. regulations was keeping foreign companies, specifically within the financial sector, away from Iran and further warned Iranians not to trust their old enemy. Reuters has more.
Yemen rebels and the internationally recognized government have agreed to a ceasefire for a week or two before the next round of negotiations expected to resume in April. The Associated Press reportsthat the “Shiite rebels in Yemen known as the Houthis have agreed to implement a U.N. security council resolution which requires them to hand over their weapons and withdraw from territory they occupy, including Sanaa.” Additionally, officials representing Yemen’s recognized government also agreed to the ceasefire as a “first step for the warring sides to show their good intentions,” as the AP writes.
Reuters reportsthat Pyongyang fired five short-range unidentified projectiles south of the city of Hamhung which traveled about 120 miles before landing in waters east of North Korea. The launchings come just days after the Hermit Kingdom test fired two mid-range ballistic missiles into the sea in defiance of new U.N. and U.S. sanctions.
Yet, as the North continues to defy sanctions and heighten tensions, some in South Korea are calling for the country to develop their own nuclear weapons. Read that report from the Washington Posthere.
The Wall Street Journalsharesthat U.S. forces will soon have access to five Philippine military bases following plans that will station American troops in the Philippines for the first time in almost a quarter-century. Some of the military bases are strategically located within the disputed waters of the South China Sea. The Journal writes that “after two days of high-level talks in Washington, the Philippine Embassy there announced that four Philippine air bases and one army camp will be opened up to the U.S. under the terms of a defense pact signed in 2014.” The new agreement to deploy troops back to the Philippines is part of the Obama administration’s strategy increasing attention to the Asia-Pacific region.
However, China is not too happy with the proposed plan. Reuters tells usthat China has said that the plan between the Philippines and the United States raises questions about militarization in the South China Sea. During a press conference earlier today, Chinese Foreign Ministry spokeswoman Hua Chunying pointed out that “recently the U.S. military likes to talk about the militarization of the South China Sea” when speaking about the joint U.S.-Philippine proposal. She then added, “Can they then explain, isn’t this kind of continued strengthening of military deployments in the South China Sea and areas surrounding it considered militarization?”
Speaking of militarization, the Washington Postreportsthat Australia is planning an extensive arms buildup that could potentially shift the balance of power in the Pacific region. The Postwrites that Australia’s decision “is an example of how China’s economic and military rise is forcing allies that have long relied on U.S. defense spending to re-evaluate” their own plans.
Researchers at Johns Hopkins University have founda bug in Apple’s encryptionthat would allow a highly skilled attacker to decrypt photos and videos sent as secure instant messages. The Washington Postquotes Matthew Green, a computer science professor at Johns Hopkins who led the research team, saying that “this specific flaw in Apple’s iMessage platform probably would not have helped the FBI pull data from an iPhone recovered in December’s San Bernardino, California terrorist attack, but it shatters the notion that strong commercial encryption has left no opening for law enforcement and hackers.”
Johns Hopkins’ discovery comes during a time of intense debate between Apple and the FBI. TheNew York Timesprovides some thoughts on how the FBI vs. Apple case could play out. Check that out here.
GOP presidential frontrunner Donald Trump has finally unveiled the team advising him on foreign affairs. During a meeting with the Washington Post’s editorial board today, Trump announced that Keith Kellogg, Carter Page, George Papadopoulos, Walid Phares, and Joseph E. Schmitz are all part of his foreign policy team, which is chaired by Senator Jeff Sessions (R-AL). Read more on Trump’s team from the Washington Posthere.
Parting Shot“In my role as a civilian contractor for the Department of Defense, I spent the first three months of 2004 torturing Iraqi prisoners...We humiliated and degraded them, and ourselves.”That is what Eric Fair had to say about his time in Iraq. You can read more on his “owning up to torture” in the New York Timeshere.
ICYMI: This Weekend, onLawfare
Alex sharedthe Week That Wassumming up all of Lawfare’s posts from last week.
Cody releasedthe latest Lawfare Podcastfeaturing last week’s Hoover Book Soiree with General Michael Hayden.
In Sunday’s Foreign Policy Essay, Adam Saxton arguedthat autonomous weapons do pose ethical issues in the conduct of warfare, but often the arguments for or against them caricature the weapons and misunderstand their actual use.
Paul Rosenzweig warnedus to proceed with caution in regards to ICANN and the IANA transition.
Stewart Baker issueda bonus episode of the Steptoe Cyberlaw Podcasthighlighting an interview with Phil Reitinger.
Emailthe Roundup Team noteworthy law and security-related articles to include, and follow us onTwitterandFacebookfor additional commentary on these issues.Sign upto receiveLawfare in your inbox. Visit ourEvents Calendarto learn about upcoming national security events, and check out relevant job openings on ourJob Board.
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Something is Going Wrong with International Counterterrorism Efforts: Quick Take After Brussels Attacks 

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Something is going wrong with international counterterrorism efforts. It is undeniable.
The extensive, coordinated, devastating terrorist attacks in Paris in November and the Brussels attack today are indications that something is not working the way it should. No one can legitimately claim that the Brussels attacks were out of the blue. Instead, the attacks occured despite what was likely agressive and sustained international cooperation and effort in the months since the Paris attacks.
Today's attacks occured not for lack of effort; they succeeded in spite of it.
We should be particularly concerned that something is going wrong in counterterrorism in light of today's attack in Brussels precisely because they were not an unknown: the Paris investigation and manhunt was sustained and robust; Brussels was, presumably, on notice of threats; a significant arrest took place this week...and the attack happened anyway.  
So what is going wrong? I am going to suggest three possible theories. I don't have the inside information to know if they are correct, but I offer them as suggestions for the questions the media, members of Congress and Europeans should be asking of their governments and intelligence services.
First, has counterterrorism collection lessened or been restricted, as compared to prior years? By collection, I am referring to all methods of foreign intelligence collection, including human and technical sources, with surveillance serving as a significant source of counterterrorism intelligence collection.  My initial thought is that the effort to collect has not been intentionally restricted, but we need to ask whether any changes to laws and policies both within the U.S. and outside have had a detrimental effect (whether intended or not) on collection.
Second, is information sharing working, or has there been some change? Information sharing works at various levels. Within a country, it works vertically (local to state to federal and vice versa) and horizontally (across government agencies). Among countries, it works at the law enforcement to law enforcement level, at the intelligence service to intelligence service level, and at diplomatic and political levels. Information sharing to and from the U.S. and Europe is critical in providing for common safety and terrorism prevention. Terrorism in Europe is not a European problem, just as terrorism in the U.S. is not an American problem. When the attackers are part of an international terrorist organization - and claims appear that ISIS is responsible for both Paris and Brussels - then the intelligence coordination efforts are necessarily international. So, again, the question is - has there been some breakdown in information sharing - within the European Union, with additional Western partners (including the U.S.), and with cooperative Middle Eastern nations?
Third, are collection and/or information sharing efforts being thwarted by terrorists' changing modes of communication? By this, I am referring to, yes, encryption, but also other methods, low or high tech. Is intelligence leading to the disruption of attacks not being collected because ISIS has adapted to modes of communication that cannot be detected? Or is the result more subtle - is information that could be useful in preventing an attack being shared at a slower pace because it is taking intelligence services longer to follow leads, decipher text, or understand meaning? As we know from 9/11, days, if not hours, matter.
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Today's Headlines and Commentary 

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The Islamic State once again struck the heart of Europe earlier today, this time in Brussels, killing 30 people and wounding 230 others when explosions rocked Zaventem Airport and a busy metro train. The coordinated attacks have triggered heightened security in the Belgian capital and come just days after Belgian security officials arrested Salah Abdeslam, one of the alleged Paris attackers. While under questioning, Abdeslam told investigators that he was planning more attacks. You can keep up with the live updates coming from Belgium here.
Meanwhile, as Belgium increases security throughout the streets of Brussels, Belgian security officials are seeking the public’s help to locate Najim Laachraoui. Laachraoui, 24, is believed to have been an accomplice of Salah Abdeslam and played a critical role in an Islamic State network responsible for recruiting men to train and fight in Syria. It is unclear whether he or Abdeslam were involved in today’s assault.
In other headlines, the FBI abruptly cancelled its court hearing with Apple set to begin today. Last night, the Department of Justice said that it might no longer need Apple’s help in unlocking an iPhone belonging to one of the San Bernardino attackers. The New York Times reports that the government says in a new court filing that an outside party has demonstrated a way for the FBI to potentially unlock the iPhone. The Wall Street Journal adds that the government still has to test the method, but if that method is successful, “it should eliminate the need for the assistance from Apple.” You can read the full court filing from DOJ here. Lawfare’s Susan Hennessey and Ben Wittes outline why this might mean something… or nothing at all.
Speaking of the ongoing encryption debate between Apple and the FBI, Amnesty International has issued a report deeming encryption as an “important enabler of human rights.” NBC News has more on the new report.
Over on Capitol Hill, a bipartisan group of senators have started circulating draft legislation that would provide federal judges clear authority to order technology companies to assist law enforcement officials in accessing encrypted data. Reuters shares that the proposal, created by Senators Richard Burr (R-NC) and Dianne Feinstein (D-CA), “does not spell out how companies must provide access or the circumstances under which they could be ordered to help,” but leaves judges with broader powers.
As the Syrian peace talks continue on in Geneva, pressure is mounting on the Syrian government to start discussing President Bashar al Assad’s future. However, the Syrian government has simply refused to address the topic. The head of the Syrian government’s delegation, Bashar Ja’afari, said that the fate of Assad will play no part in the peace talks and that Assad’s future had nothing to do with the ongoing negotiations. The U.N. envoy to Syria, Staffan de Mistura, has categorized Syria’s political transition as the “mother of all issues,” and warned that the Syrian government’s refusal to discuss Assad’s future may lead to further deterioration on the ground. The Guardian has more on the peace talks.
As the Syrian government refuses to think about life without Assad, Russia has issued a warning that it will take matters into its own hands in regards to violations of the cessation of hostilities. The Washington Post reports that the Russia’s Defense Ministry stated that the country’s military would be ready to strike as early as today against groups that it deemed violated the “cessation of hostilities” enacted earlier this month. However, Russia will not bomb any party if the United States agrees to discuss a Russian proposal for how to maintain peace in Syria.
The New York Times tells us that the Pentagon has acknowledged that it had established a small Marine base in northern Iraq. The disclosure of the base follows an Islamic State rocket attack that killed one Marine and wounded several others last week. Although the Obama administration has continually contended that the U.S. military is not conducting ground operations in Iraq, the Times points out that the Marine “outpost has long-range artillery that can help Iraqi forces as they try to reclaim land from the Islamic State.” Still, the Marine base was attacked again yesterday by a small group of fighters. However, according to Colonel Steve Warren, U.S. spokesman in Iraq, the outpost was kept a secret because the Pentagon wanted to give the Marines a chance to “become fully operational” and “ready to fight.”
However, the secrecy did not stop Islamic State militants from attacking the base with rocket fire and killing a U.S. Marine last week. The Daily Beast delves into how the pseudo-state knew just where to hit the Marines in Iraq. You can read that story here.
In other Islamic State news, the terrorist organization killed 26 Syrian naval commandos on the outskirts of Palmyra yesterday as government forces tried to recapture the ancient city from the extremists. The Wall Street Journal reports that the Islamic State claimed responsibility for killing the Syrian commandos and, via Twitter, said that a truck bomb killed them and wounded around 70 others. The Islamic State also warned the Syrian government and Russian forces about future “dark days” ahead.
Turkey is still trying to cope with “one of the biggest and bloodiest terrorist waves in its history” after a string of terrorist attacks rocked the country during the last few months. Following Saturday’s suicide bombing that killed three Israeli citizens and an Iranian, the fourth suicide attack in Turkey this year, President Erdogan stated that “Turkey has recently been facing one of the biggest and bloodiest terrorist waves in its history...our state is fighting terrorist organizations and the forces behind them with everything as its disposal—its soldiers, police, village guards, and its intelligence.” Two of the attacks in Istanbul have been blamed on the Islamic State, while the other two attacks in Ankara have been claimed by Kurdish militants.
As Turkey uses all its forces to combat terrorism, the Associated Press reports that Turkish-state run media announced yesterday that Turkish police forces are searching for three suspected Islamic State militants who are allegedly planning to carry out a “sensational” act within the country. According to the Anadolu Agency, the three suspects are believed to be members of a local cell linked to the Islamic State and all police departments have been ordered to arrest them.
Yesterday, President Obama and Cuban President Raul Castro stood side-by-side during a press conference where the two leaders declared a “new day” of openness between the United States and Cuba. However, the New York Times writes that “old grievances and disputes over human rights marred a groundbreaking meeting and underscored lingering impediments to a historic thaw.” During the joint press conference, the two leaders traded criticism of each other’s countries in a frank and somewhat awkward exchange. Additionally, President Castro demanded that President Obama hand back Guantanamo Bay and end the U.S. trade embargo on Cuba.
Reuters reports that the U.N. Security Council agreed to China’s request to remove sanctions on four ships the United Nations has blacklisted for ties to Pyongyang’s arms trade. Last week, China asked the U.S. for assistance in removing the ships from the U.N. sanctions list. The ships were removed from the blacklist after China had secured assurances that the vessels would not use North Korean crews. The blacklist and sanctions come in response to North Korea’s recent nuclear weapon test, satellite launch, and subsequent ballistic missile tests.
With all of North Korea’s recent test operations in the last few weeks, the country is likely to test more. However, the Daily Beast contends that the next North Korean test could potentially kill. Read more on how Kim Jung Un could make a dangerously wrong move here.
Following the announcement that the United States will now occupy military bases in the Philippines, the Washington Post provides a look at the bases in the South China Sea which do not make China very happy.
The European Union’s military mission in Mali’s headquarters was attacked by unidentified assailants yesterday. No casualties were reported, but the headquarters was still “securing the area.” The New York Times reports that the U.S. Embassy Bamako warned American citizens to avoid the area and shelter in place until further notice and also stated that the complex was in “duck and cover status.”
The Department of Justice has decided not to prosecute a former high-ranking U.S. diplomat who was under investigation by the FBI on suspicion of providing secrets to the Pakistani government. According to the Washington Post, Robin L. Raphel was at the center of a counterintelligence investigation made public in 2014 after agents raided her Washington home. Although the FBI agents discovered classified information at Raphel’s home, the materials were many years old.
Politico has the latest Supreme Court news. Earlier today, SCOTUS announced its first deadlock since Justice Antonin Scalia’s unexpected death last month. The 4-4 ruling split a dispute over an obscure protection to spouses of applicants for bank loans. The equally divided decision only fuels the crusade Republicans are heading in Congress: not to fill Justice Scalia’s seat until the next president is sworn in.
Parting Shot: “Is labeling the horrors inflicted by Islamic State on ethnic and religious minorities “genocide” the prelude to stepped up U.S. action to put a halt to it? Or is it a substitute for such action?” The Wall Street Journal’s William McGurn outlines why labeling the Islamic State’s actions “genocide” won’t stop the genocide. He argues, “what the people feeling the bloody edge of Islamic State’s sword need is not someone to characterize the slaughter but someone to put a stop to it.” Read more from the Journal here.
ICYMI: Yesterday, on Lawfare
Cody shared the Week That Will Be, providing us links to upcoming events in DC and some employment announcements.
Robert Chesney and Steve Vladeck examined whether there was a coherent middle ground in the Apple vs. FBI All Writs Act dispute.
Paul Rosenzweig stated that the Department of Homeland Security’s National Protection and Programs Directorate should take a more operational role in cyber protection of government and civilian networks and should merge with its physical protection functions.
Herb Lin commented on the spinning of the FBI’s motion to postpone its court confrontation with Apple.
Email the Roundup Team noteworthy law and security-related articles to include, and follow us on Twitter and Facebook for additional commentary on these issues. Sign up to receive Lawfare in your inbox. Visit our Events Calendar to learn about upcoming national security events, and check out relevant job openings on our Job Board.
Read the whole story
 
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The Early Edition: March 22, 2016 

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