INTERNATIONAL BORDER
SECURITY AND TERRORISM
Indian Army Border Patrol
1
EFFECTIVE BORDER CONTROL
UN Security Council
Resolution 1373
requires that states
“prevent the
movement of
terrorists or terrorist
groups by effective
border controls.”
US Predator UAV of the type used for border surveillance
US - Mexico border fence in Nogales, Arizona
2
AN INTERCONNECTED WORLD
• Total world
merchandise exports in
2003 = $7.3 trillion.
• 90% of world cargo
moves by container.
• Worldwide trade of 5.8
billion tons of goods by
sea alone in 2001.
• Terrorists exploit and
target the connections.
Hong Kong container port
3
PORT SECURITY INITIATIVES
• Smart Borders:
dedicated pre-clearance
lanes and public-private
partnerships.
• Container Security
Initiative: identification
of high-risk
containers, prescreening, high-tech
inspection and “Smart”
containers.
British mobile freight x-ray scanner inspects a sea container
x-ray of truck carrying concealed illegal immigrants
4
PROHIBITED MATERIALS
• General Agreement on Tariffs and
Trade (GATT)(1947) – right of
States to take any action
considered necessary for
protection of essential security
interests or maintenance of
international peace and security
• Convention on Marking Plastic
Explosives for the Purpose of
Identification (1991).
• A Convention on Suppression of
Acts of Nuclear Terrorism was
adopted by the General Assembly
in April 2005.
5
HOT PURSUIT
• Art. 23 of the Convention
on the High Seas (1958)
and Art. 111 of the
Convention on the Law of
the Sea (1982) create a
right of (uninterrupted) hot
pursuit into international
waters but not into foreign
seas.
British Marines patrol the Al-Shatt waterway off Basra, Iraq
• No similar arrangement
exists on land except by
treaty arrangement.
6
NO SAFE HAVEN
• UN Security Council
Resolution 1373 requires
that states “deny safe
haven to those who
finance, plan, support, or
commit terrorist acts.”
• SCR 1373 also
established the CounterTerrorism Committee to
promote best practice
standards.
Canadian police escort the father of a terrorism suspect
7
TREATMENT OF ALIENS
• Generally no
obligation to admit
aliens.
• State obliged to
protect human rights
and provide equal
protection with no
unreasonable
distinctions.
Refugees from Darfur in a UNHCR camp in Chad
8
DUAL-CHECK ADMISSIONS
• Dual-check admission
system.
• Consular review and visa
issuance.
• Separate Immigration
Inspection at POE.
Australian Immigration check
• Special procedures for
aliens from designated
state sponsors of
terrorism.
Icelandic passport of reclusive US chess grandmaster Bobby9Fischer
COMPETING PROCESSES
• Criminal
Prosecution
• Extradition
• Deportation
• Voluntary
return
Prisoner in custody
10
POLITICAL ASYLUM
Under Articles 1(f) and
32 of the Refugee
Convention States have
no obligation to extend
asylum to war criminals,
those guilty of acts
contrary to the UN
Charter and individuals
who would compromise
national security or
public order.
Extremist Muslim preacher Abu Hamza Al Masri active in the UK
11
NON-REFOULEMENT
• Non-refoulement forbids the expulsion of
a refugee to a country
where he or she might
be at risk.
• From the 1951
Refugee Convention,
its1967 Protocol and
the 1984 Torture
Convention.
extradition proceeding
12
NATIONAL SECURITY EXCEPTION
Non-refoulement
does not apply to a
refugee who presents
a danger to the
security of the
country in which he
is, or has been,
convicted of a
particularly serious
crime (Article 33).
13
INTERNATIONAL EXCLUSION,
REMOVAL AND ASYLUM LAWS
• Many other countries (e.g., the U.K., Spain,
France and Germany) provide a legal basis to
exclude or remove suspected alien terrorists or
others who threaten national security
• Exclude such aliens from refuge and asylum
protections; however, non-refoulement may
apply
• Precise rules vary
14
INTERNATIONAL APPROACHES TO
HOMELAND SECURITY AND TERRORISM
• Unlike the United States, many countries do not
have a Department of Homeland Security (DHS)
but instead rely on various government offices to
perform specific homeland security functions
• Functions include funding, intelligence, civil
defense, law enforcement, counterterrorism
measures, domestic crisis management,
emergency response, border control, transport
security and countering CBRN threats
15
BELGIUM
• No counterpart to U.S. DHS; Prime minister has
primary responsibility for antiterrorism policy
• Homeland security functions: civil defense, federal
police, intelligence, counterterrorism
• In Belgium, actions to counter terrorism are
regarded as police responsibility
• Funding policy priorities determined by relevant
government ministries
• Strong emphasis on civil rights in law enforcement
activities
16
FRANCE
• No counterpart to U.S. DHS
• Institutions/Structures for Domestic Crisis
Management: MOI/MOD, intelligence agencies,
specialized judicial entities, police forces, Vigipirate,
protection of key infrastructure
• Uses military domestically in extreme emergencies
• Resources come on ad hoc basis from range of
government ministries and agencies
• Possible constraints on civil liberties during times of
threat
17
GERMANY
• No department or ministry for homeland security
• Authorities rely on intelligence, law enforcement
and judicial prosecution to counter terrorism
• German structure for civil protection and emergency
response has been in place since 1949
• Funding for German homeland security is spread
throughout the federal and state governments
• Germany places strong emphasis on tolerance and
civil liberties; protects rights of all German residents,
including non-citizens
18
ITALY
• No government department responsible for all aspects
of homeland security and counterterrorism
• Italian Council of Ministers is the supreme, collective
decision-making governmental body
• Domestic security institutions/structures: MOI, Defense
Ministry, Health Ministry, Infrastructure and Transport
Ministry, Economics and Finance Ministry
• Law enforcement/intelligence: Polizia di Stato (State
Police); Carabinieri (paramilitary corps); Military
Intelligence and Security Service; Democratic
Intelligence and Security Service
• National budgeting system involves multiple ministries
and departments
19
SPAIN
• Madrid bombings, March 11, 2004
• Government has not focused on military solution to
terrorism; instead, law enforcement cooperation
• Chief Spanish ministry in homeland security efforts
is the Ministry of the Interior (MOI)
• Unlike US, Spain has highly centralized police
structure (National Police Corps & Civil Guard)
• Homeland security budgetary and policy priorities
set by the Interior Minister
• Foreign intelligence efforts undertaken by National
Intelligence Center (CNI)
20
UNITED KINGDOM
• No department responsible for all aspects of
homeland security and counterterrorism
• CONTEST (2004): comprehensive, crossdepartmental Counterterrorism Strategy
• UK Cabinet is supreme, collective decision-making
body in UK government, chaired by Prime Minister
• Home Office has lead on several aspects of
homeland security affairs, including CT policy in UK
• Policing in UK is largely decentralized; armed forces
may be call upon domestically
• Increased funding on “public order and security”
21
22