US Counterterrorism Strategy

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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. Organization

2. Intelligence

3. Diplomacy

4. Economic and Financial Measures

5. Law Enforcement

6. Operations

7. Use of Force

8. Negotiations

9. War of Ideas

1. Organization

CIA

Tradition

FBI

Commissions

• US Commission on National Security in the 21 st 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

HSC Principals Committee (HSC/PC)

All Members and Invitees of HSC meeting without the President and Vice President. Chaired by Homeland Security Adviser.

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 Deputies Committees (HSC/DC)

Deputies to HSC/PC Members/Invitees. Chaired by Deputy

Homeland Security Adviser

Domestic Threat

Response and

Incident

Management PCC

Medical and

Public Health

Preparedness

PCC

Public

Affairs

PCC

Key Asset,

Border, Territorial

Waters, and

Airspace Security

PCC

WMD

PCC

Economic

Consequences

PCC

Detection,

Surveillance,

Intelligence PCC

Plans, Training,

Evaluation,

Exercises PCC

Research and

Development

PCC

Domestic

Transportation

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

United States v. Mohammed

Salameh et al U.S. Court of Appeals –

2nd Circuit Aug 4, 1998

Convicted (1995) for plot on NY Landmarks

Life Sentence

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. Radicals vs. Moderates

2. Failed States

3. Ethno-nationalists

4. 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

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