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US Counterterrorism Strategy

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

MikeCarlo
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US Counterterrorism Strategy

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  1. US Counterterrorism Strategy • National Strategy for Homeland SecurityJuly 2002 • National Security Strategy of the US, September 2002 • National Strategy to Combat Weapons of Mass DestructionDecember 2002 • National Strategy for Combating TerrorismFebruary 2003 • National Strategy for the Physical Protection of Critical Infrastructure and Key AssetsFebruary 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

  2. US: National Strategy for Combating TerrorismFebruary 2003 4D Strategy • Defeat • Deny • Diminish • Defend

  3. UK: CONTEST, March 2009 4Ps • Pursue • Prevent • Protect • Prepare

  4. But what is counterterrorism? • Organization • Intelligence • Diplomacy • Economic and Financial Measures • Law Enforcement • Operations • Use of Force • Negotiations • War of Ideas

  5. 1. Organization

  6. Tradition CIA FBI

  7. 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)

  8. Probability vs. Consequence

  9. Clinton Counterterrorism • PDD-39 • PDD-62 • PDD-63For more, see PDD-63 addendums here

  10. Post-9/11 CT Organization Executive Office of the President • Office of Homeland Security (OHS; 2001-2009) • Homeland Security Council (HSC)

  11. 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 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 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. 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 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 Plans, Training, Evaluation, Exercises PCC Research and Development PCC Domestic Transportation Security PCC Law Enforcement, And Investigations PCC

  12. 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 Interdepartmental Working Groups are interagency committees composed of Under and Assistant Secretary level officials from member and invitee departments/ agencies of HSC HSC Principals Committee (HSC/PC) All Members and Invitees of HSC meeting without the President and Vice President. Chaired by Homeland Security Adviser. National Security Staff (Formerly NSC Staff) HSC Deputies Committees (HSC/DC) Deputies to HSC/PC Members/Invitees. Chaired by Deputy Homeland Security Adviser HSC Interdepartmental Working Groups

  13. 2002 New Cabinet Dept. Department of Homeland Security (DHS) • DHS Organizational Chart • Organizational charts for DHS Bureaus

  14. 2. Intelligence • Defining the Problem • Who are the threats? • Sharing Information

  15. 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

  16. Terrorist Watch Lists • HSPD-6 • FBI Counterterrorism Division of National Security Branch • Terrorist Screening Center • Terrorist Screening Data Base • Selectee List • No Fly List

  17. FBI Reorganization • FBI National Security Branch (NSB) • Organization • Counterterrorism Division • Counterintelligence Division • Directorate of Intelligence • WMD Directorate • Terrorist Screening Center

  18. Information Sharing? • Lack of Coordination • Priorities? CIA FBI

  19. Fixing the Intel Problem • Intelligence Reform and Terrorism Prevention Act 2004 • Director of National Intelligence (ODNI) • National Counterterrorism Center (NCTC)

  20. Intelligence Fusion Centers • Linking federal, state, and local efforts • Fusion Centers and Intel Sharing • DHS/DOJ Fusion Center Guidelines

  21. 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

  22. US Congress • U. S. House of Representatives • House Armed Services Committee, • House Committee on Foreign Affairs • Subcommittee on International Terrorism and Non-proliferation • 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

  23. Other nations Counterterrorism and Intelligence Organizations

  24. UK • Home Office • Office for Security and Counterterrorism • UK CT Strategy • March 2009 Strategy Document • MI5 • Organization • Joint Terrorism Analysis Center • Metropolitan Police Service

  25. Japan • MOJ • Public Security Intelligence Agency • Japanese National Police Agency

  26. Germany • Federal Office for the Protection of the Constitution • Federal Ministry of the Interior • Terrorism News • Federal Criminal Police Office

  27. 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

  28. 3. Diplomacy UN-Based Agreements

  29. US and Pakistan Relations Drone Strikes

  30. 4. Economic and Financial Measures International Convention for the Suppression of the Financing of Terrorism

  31. 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

  32. 5. Law Enforcement

  33. Pre-2001 Terrorists as Criminals • 1996 Anti-Terrorism and Effective Death Penalty Act • Summary by US Congress, Congressional Research Service

  34. Ramzi Yousef Sheikh Omar Abdel Rahman (leader of Islamic Group) Convicted (1997/1998) for Convicted (1995) for bombing of WTC 1993 plot on NY Landmarks Life sentence Life Sentence United States v. Mohammed Salameh et al U.S. Court of Appeals – 2nd Circuit Aug 4, 1998

  35. Post-2001: What are Terrorists? Uncertainty Question: What are terrorists who are not affiliated with a nation-state? • Criminals • Soldiers • Neither • Both • Don’t ask

  36. Three Key Issues • Surveillance • Legal Status of Individuals • Treatment of Individuals

  37. 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

  38. 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

  39. 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

  40. The Legal Evolution: Key Legal Cases • Rasul v. Bush • Hamdi v. Rumsfeld • Padilla v. Rumsfeld • Hamdan v. Rumsfeld • Boumediene v. Bush

  41. 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

  42. 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

  43. 6. Operations • CIA • DoD • NEST • JTTF (FBI)

  44. JTTF NJTTF (38 agencies) JTTFs OIG Report State and Local Law Enforcement (MOUs)

  45. 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

  46. 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?

  47. 7. Use of Force

  48. Israel in Lebanon 1982

  49. Sri Lankan Military Operations

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