US Counterterrorism Strategy
• National Strategy for Homeland Security July 2002
• National Security Strategy of the US, September 2002
• National Strategy to Combat Weapons of Mass
Destruction December 2002
• National Strategy for Combating Terrorism February
2003
• National Strategy for the Physical Protection of Critical
Infrastructure and Key Assets February 2003
• “National Security Strategy of the US,” March 2006
• Declassified Key Judgments of the National Intelligence
Estimate “Trends in Global Terrorism: Implications for
the United States,” April 2006
• “National Strategy for Combating Terrorism,”
September 2006
• US National Security Strategy, May 2010
• National Strategy for Counterterrorism, June 2011
US: National Strategy for Combating
Terrorism February 2003
4D Strategy
1. Defeat
2. Deny
3. Diminish
4. Defend
UK: CONTEST, March 2009
4Ps
1. Pursue
2. Prevent
3. Protect
4. Prepare
But what is counterterrorism?
1.
2.
3.
4.
5.
6.
7.
8.
9.
Organization
Intelligence
Diplomacy
Economic and Financial Measures
Law Enforcement
Operations
Use of Force
Negotiations
War of Ideas
1. Organization
Tradition
CIA
FBI
Commissions
• US Commission on National Security in
the 21st Century (USCNS) Hart-Rudman
Commission (see Phase 1 Report, p. 7)
• Advisory Panel to Assess Domestic
Response Capabilities for Terrorism
Involving Weapons of Mass Destruction
(Gilmore Commission)
Probability
vs.
Consequence
Clinton Counterterrorism
• PDD-39
• PDD-62
• PDD-63 For more, see PDD-63 addendums here
Post-9/11 CT Organization
Executive Office of the President
• Office of Homeland Security (OHS;
2001-2009)
• Homeland Security Council (HSC)
Homeland Security Council System (2001-2009)
Homeland Security Council (HSC)
Statutory Members: President, Vice President, Secretaries of Homeland
Security, Defense, and Attorney General.
Bush Admin. Roster also included: Secretaries of Treasury, Health and
Human Services, Transportation, White House Chief of Staff, Directors of
Office of Management and Budget, Central Intelligence, FBI, FEMA,
Chief of Staff to the VP. Chaired by Homeland Security Adviser.
National Security Adviser may attend all meetings.
Bush Invitees depending on the issue: Secretaries of State, Interior,
Agriculture, Commerce, Labor,
Energy, Veterans Affairs, EPA Administrator, Deputy National
Security Adviser for Combating Terrorism, Counsel to the President
Office of Homeland
Security (OHS).
Managed by Homeland
Security Adviser;
Professional Staff of 100.
Directorates for: Protection
and Prevention; Research
and Development;
Response and Recovery;
Communications;
Intelligence and Detection;
Policy and Plans.
HSC Principals Committee (HSC/PC)
All Members and Invitees of HSC meeting without the President
and Vice President. Chaired by Homeland Security Adviser.
HSC Deputies Committees (HSC/DC)
Deputies to HSC/PC Members/Invitees. Chaired by Deputy
Homeland Security Adviser
WMD
PCC
Economic
Consequences
PCC
Detection,
Surveillance,
Intelligence PCC
Domestic Threat
Response and
Incident
Management PCC
Plans, Training,
Evaluation,
Exercises PCC
Research and
Development
PCC
Medical and
Public Health
Preparedness
PCC
Public
Affairs
PCC
Domestic
Transportation
Security PCC
Key Asset,
Border, Territorial
Waters, and
Airspace Security
PCC
Law Enforcement,
And Investigations
PCC
Policy Coordinating Committees (PCCs). These are interagency committees composed of Under and Assistant Secretary level officials from member and
invitee departments/ agencies of HSC, chaired by Senior Directors of Office of Homeland Security Directorates
Homeland Security Council System (2009)
Homeland Security Council (HSC)
Statutory Members: President, Vice President, Secretaries of
Homeland Security, Defense, and Attorney General.
Others Invited depending on the issue: Secretaries of Treasury, Health and
Human Services, Transportation, the Director of the FBI, Director of National
Intelligence, the Director of the Office of Management and Budget, Assistant
to the President for Homeland Security and Counterterrorism (APHS/CT),
the Chief of Staff, Chief of Staff to the Vice President, Assistant to the
President for National Security Affairs, and the Counsel to the President.
NSC
HSC Principals Committee (HSC/PC)
All Members and Invitees of HSC meeting without the President
and Vice President. Chaired by Homeland Security Adviser.
HSC Deputies Committees (HSC/DC)
Deputies to HSC/PC Members/Invitees. Chaired by Deputy
Homeland Security Adviser
National
Security
Staff
(Formerly
NSC Staff)
HSC Interdepartmental
Working Groups
Interdepartmental Working Groups are interagency committees composed of Under and Assistant Secretary level officials from member and
invitee departments/ agencies of HSC
2002 New Cabinet Dept.
Department of Homeland Security (DHS)
– DHS Organizational Chart
– Organizational charts for DHS Bureaus
2. Intelligence
• Defining the Problem
–Who are the threats?
• Sharing Information
State Dept.
• From US State Dept. Office of the
Coordinator for Counterterrorism
• Foreign Terrorist Organizations (FTOs)
– The current list
•
•
•
•
State Sponsors of Terrorism
Country Reports on Terrorism
Terrorist Exclusion List
Exec. Order 13224
Terrorist Watch Lists
• HSPD-6
• FBI Counterterrorism Division of
National Security Branch
• Terrorist Screening Center
– Terrorist Screening Data Base
• Selectee List
• No Fly List
FBI Reorganization
• FBI National Security Branch (NSB)
– Organization
•
•
•
•
•
Counterterrorism Division
Counterintelligence Division
Directorate of Intelligence
WMD Directorate
Terrorist Screening Center
Information Sharing?
CIA
• Lack of Coordination
• Priorities?
FBI
Fixing the Intel Problem
• Intelligence Reform and Terrorism
Prevention Act 2004
• Director of National Intelligence (ODNI)
• National Counterterrorism Center
(NCTC)
Intelligence Fusion Centers
• Linking federal, state, and local efforts
• Fusion Centers and Intel Sharing
• DHS/DOJ Fusion Center Guidelines
•
•
•
•
•
•
•
•
•
•
US Executive Branch
Department of State:
– Office of the Coordinator for CT
Dept. of Justice
– National Security Division
– FBI
• National Security Branch
• Counterterrorism division
Department of Treasury: Office of Terrorism and Financial Intelligence
– Office of Foreign Asset Control
Department. of Defense
– Undersecretary of Defense for Policy
– Assistant Secretary of Defense for International Security Affairs
– Assistant Secretary of Defense for Homeland Defense and Americas’
Security Affairs
Department of Health and Human Services:
– Centers for Disease Control and Prevention (CDC)
– Assistant Secretary for Preparedness and Response
Office of the Director of National Intelligence:
– National Counterintelligence Center
Central Intelligence Agency:
– Office of Terrorism Analysis/DCI Counterterrorism Center
Office of Homeland Security
National Security Council
AND Department of Homeland Security
US Congress
• U. S. House of Representatives
– House Armed Services Committee,
– House Committee on Foreign Affairs
• Subcommittee on International Terrorism and Nonproliferation
– House Select Committee on Homeland Security
– House Permanent Select Committee on Intelligence
• U. S. Senate
–
–
–
–
Senate Committee on Armed Services
Senate Committee on Foreign Relations
Senate Committee on Intelligence
Senate Committee on Homeland Security and Governmental
Affairs
Other nations
Counterterrorism and
Intelligence Organizations
UK
• Home Office
– Office for Security and Counterterrorism
– UK CT Strategy
– March 2009 Strategy Document
• MI5
– Organization
– Joint Terrorism Analysis Center
• Metropolitan Police Service
Japan
• MOJ
– Public Security Intelligence Agency
• Japanese National Police Agency
Germany
• Federal Office for the Protection of the
Constitution
• Federal Ministry of the Interior
– Terrorism News
– Federal Criminal Police Office
Israel
• Israeli Defense Forces (IDF)
• Institute for Special Operations
(Mossad)
• Israeli Security Agency (Shabak or Shin
Bet)
• PM’s National Security Council
– Counter Terrorism Bureau
3. Diplomacy
UN-Based Agreements
US and Pakistan Relations
Drone Strikes
4. Economic and Financial
Measures
International Convention for the
Suppression of the Financing of
Terrorism
US Treasury: Office of Terrorism and
Financial Intelligence
– Organizational Chart
– Office of Terrorist Financing and Financial
Crimes
– Office of Foreign Assets Control
• Specially Designated Nationals List
• Exec. Order 13224
– The list
5. Law Enforcement
Pre-2001 Terrorists as Criminals
• 1996 Anti-Terrorism and Effective
Death Penalty Act
– Summary by US Congress, Congressional
Research Service
Ramzi Yousef
Sheikh Omar Abdel
Rahman (leader of
Islamic Group)
Convicted (1997/1998) for
bombing of WTC 1993
Life sentence
Convicted (1995) for
plot on NY Landmarks
Life Sentence
United States v. Mohammed
Salameh et al U.S. Court of Appeals –
2nd Circuit Aug 4, 1998
Post-2001: What are Terrorists?
Uncertainty
Question: What are terrorists who are not
affiliated with a nation-state?
a. Criminals
b. Soldiers
c. Neither
d. Both
e. Don’t ask
Three Key Issues
1. Surveillance
2. Legal Status of Individuals
3. Treatment of Individuals
1. Surveillance
• Foreign Intelligence Surveillance Act
(FISA) 1978
• USA PATRIOT ACT 10/26/01
– Pro and Con
– ACLU on the Act
• Terrorist Surveillance Program (2001)
• Protect America Act 2007
2. Legal Status of Individuals
• Detainees (unlawful enemy combatants)
– President George W. Bush Military Order,
November 13, 2001, “Detention, Treatment,
and Trial of Certain Non-Citizens in the
War Against Terrorism”
– Authorization to Use Military Force,
September 18, 2001
The Legal Evolution: Legislation
and Trials
• Detainee Treatment Act, 2005
• Military Commissions Act, 2006
• Military Commission Act 2009 (amendments
to 2006 Act)
– Analysis by CRS
– Manual for Military Commissions )2010
edition)
• Guantanamo Trials
• Guantanamo Docket
The Legal Evolution: Key
Legal Cases
•
•
•
•
•
Rasul v. Bush
Hamdi v. Rumsfeld
Padilla v. Rumsfeld
Hamdan v. Rumsfeld
Boumediene v. Bush
3. Treatment of Individuals
• Memos from the Office of Legal
Counsel, Bush and Obama
Administrations concerning detainee
treatment and interrogation policies
Detainee Treatment Act, 2005
• Senate Judiciary Committee Hearings
on Detainee Treatment, May 2009
• Interrogation of al Qaeda Operative, Memorandum for
John Rizzo, Acting General Counsel of the Central
Intelligence Agency, from Jay Bybee, Assistant Attorney
General, August 1, 2002, from
http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf
6. Operations
•
•
•
•
CIA
DoD
NEST
JTTF (FBI)
JTTF
NJTTF
(38 agencies)
JTTFs
OIG Report
State and Local Law
Enforcement
(MOUs)
Dilemmas of CT for JTTF and
Local Law Enforcement (1)
• Intelligence
– Identify
– Track
• Decision:
– to share with other domestic institutions
– To share with foreign institutions
Dilemmas of CT (2)
Decision: Considerations
• Goal: Prevention or Prosecution?
• When do you have enough evidence to arrest
and charge?
• Is this a small/single who will lead you to bigger
target or group of targets?
• Are you allowed to detain someone without
charge as a preventive measure?
– Would that make it difficult to then charge them later
or become a controversy that hurts support for
policy?
• How close is the person or group to an actual
attack?
7. Use of Force
Israel in Lebanon 1982
Sri Lankan Military Operations
Afghanistan 2001
Iraq March 2003
Afghan Offensive Summer 2009
8. Negotiations
Israel and the PLO
• Oslo Accords 1993
• Israeli PM Yitzhak Rabin and PLO Chairman Yasr
Arafat at the White House 1993
Rejection of Accords by Hamas
UK and IRA
• Belfast (Good Friday) Agreement (1998)
British prime minister Tony Blair and taoiseach Bertie Ahern
signing the Belfast Agreement in April, 1998
Rejection of Accords by Real IRA
15 August 1998, car bomb by Real IRA, Omagh, County Tyrone, 29 dead; from BBC
News: http://news.bbc.co.uk/2/hi/in_pictures/7153607.stm
9. War of Ideas
1.
2.
3.
4.
Radicals vs. Moderates
Failed States
Ethno-nationalists
Al-Qaeda
1. Radicals vs. Moderates
HAMAS
vs.
Fatah
2. Failed States
Al-Shabab in Somalia
3.Ethno-nationalism
PKK in Turkey
4. Radical Ideologies
• Freedom House, 2009
Successful Counterterrorism?
Since 9/11: 39 Attempted Terrorism Strikes
Heritage Foundation Analysis (May 2011)
Heritage Foundation Chart (May 2011)
Vs.
Three Attacks with loss of life
• July 2002, Los Angeles
• June 2009, Little Rock, Arkansas
• Ft. Hood 11/5/2009