Ebook: Use of Force in Countering Terrorism

Use of Force in Countering Terrorism collects the lectures delivered at an Advanced Training Course (ATC) in Bishkek, Kyrgyzstan on 8-12 September 2008. The ATC was planned and organized by the Centre of Excellence–Defence Against Terrorism (COE–DAT) in Ankara, Turkey. COE–DAT organizes numerous workshops and courses, bringing academic rigor and institutional expertise on the subject of terrorism to interested parties in NATO, Partnership for Peace (PfP), Mediterranean Dialogue countries, and others.

COE-DAT was officially inaugurated on 28 June 2005 and was certified as a NATO-accredited COE on 14 August 2006 by the NATO Council. COE-DAT is a unique defence against terrorism centre in NATO which provides DAT training and education at the strategic and operational levels and contributes to research efforts. As part of its education and training activities, COE-DAT provides training to selected neighbouring countries by conducting Advanced Training Courses within the framework of the NATO Science for Peace and Security Programme. It was along these lines that the Advanced Training Course “Use of Force in Countering Terrorism,” the fourth ATC offered by COE-DAT, was conducted.

The ultimate goal of the five-day program was to enhance international cooperation efforts against terrorism through providing necessary direction and guidance to promote standard training and basic skills for Partner Nations’ officials. The strategic aims of this advanced training course were twofold: first, to provide a forum for exchanging views on the latest developments in the terrorist threat, their critical impact on the national/regional/global security environment, and ways to prevent, deter, counter, and respond to it; and second, to promote a wide-ranging partnership of cooperation and dialogue in the fight against terrorism in order to boost transparency, mutual confidence and the capacity for common and concerted actions/measures. The objectives were to inform participants about the concept and parameters of the Use of Force in combating terrorism; to introduce the practice of the Use of Force IAW relevant international laws; to examine in detail the international legal contracts and treaties related to countering terrorism; and to explain the law of armed conflict, rules of engagement, crowd psychology, public relations, and United Nations Peacekeeping Operations.

This volume presents 10 papers drawn from the lectures and case studies delivered at the ATC to give readers a complete picture of the concept and various aspects of the use of force in countering terrorism. The authors include both academics and professionals selected for their expertise.

In the opening address of the Bishkek ATC, Colonel Mete Tahmisoğlu argues that terrorism is one of the world’s most serious security challenges. Terrorism tries to exploit ethnic and religious conflicts, ideological differences within societies, and instability no matter its form, he says. He contends that the most important path to success in combating terrorism is the effective use of international relations and pooling global counter-terrorism efforts.

The course’s first paper, by Çınar Özen and Itır Bağdadi, looks at the importance of asymmetrical war, the role of the media, the leverage effect used by terrorist organizations, and the phases in their evolution. The paper stresses that counter-terrorism strategies aimed at only military capabilities and tactics are bound to be unsuccessful in asymmetrical war.

The second paper, written by Dr. Christopher C. Harmon, considers past and present ideas about terrorism and the application of force as a countermeasure. It also introduces five areas for discussion regarding public concerns about the use of force.

Dominika Švarc’s contribution examines the relationship between International Humanitarian Law (IHL) and military counter-terrorist activities. It looks at issues of IHL applicability as well as specific issues of proportional response and discrimination concerning civilians.

In two separate presentations, Osman Aytaç first addresses the laws and conventions that regulate armed conflict and the growing complexity of the documents, and then looks at rules of engagement (ROE), the guidelines specifying under what conditions or circumstances force may be used to satisfy political and /or military demands.

Olcay Yeşilkaya’s paper looks at International Rights Law and terrorism, arguing that any act of terrorism should be treated as a crime against humanity. It explains that state measures against terrorism should meet the requirements of international human rights law, both for innocent civilians as well as terrorism’s perpetrators. The paper concludes that minimum human rights standards should be provided and that states must strike a balance between liberties and security in every area.

The seventh piece, written by Major J.P.I.A.G. Charvat, looks at the responses to terrorism in the Criminal Justice and War Models. Specifically, the Troubles in Northern Ireland (1969-2007) and the UK’s use of force in dealing with the terrorist threat are examined.

Jolene Jerard’s paper looks at the strategic role of leadership and the cases of Afghanistan and the Philippines as examples of effective leadership. It discusses how the strategic force employed included multiple strategies with a focus on involving local peoples and maintaining local public support.

The penultimate paper, by Dr. Robyn Mace, examines organizational communication and how organizations are responsible for public safety. It considers the importance of such communications in normal operations as well as in times of public crisis such as amid terrorist activities, natural disasters, and social and civil unrest.

The final paper, written by the present author, discusses current global problems that might affect both terrorism and counter-terrorist efforts. In addition, it tells of advances in terrorism, including cyber-terrorism and access to Weapons of Mass Destruction, as well as the role of the media.

In short, this book contains wide-ranging papers that cover the use of force and many other aspects of terrorism. In the current globalizing world, the reach of terrorism has grown wider. No nation or culture can achieve peace and security at home while ignoring terrorist threats to other countries. Therefore, it is our hope that training activities such as the one in Kyrgyzstan and similar collaborative projects will assist in multinational efforts to combat the threat of global terrorism.

M. Uğur Ersen

ATC Director

Asymmetrical war allows for relatively weak terrorist organizations to engage in armed struggle with much more powerful states knowing that they cannot win a conventional war. Terrorist organizations aim to use the leverage effect of the media to get their message across to millions, and in turn to pressure governments to come to the bargaining table as well as attract new recruits to their groups. This chapter outlines the importance of asymmetrical war, the role of the media, the leverage effect used by terrorist organizations, and the phases in their evolution. We will stress that in asymmetrical war, counter-terrorism strategies aimed at only military capabilities and tactics are bound to be unsuccessful.

This paper was developed from a speech. It considers past and present ideas about terrorism and the application of force as a countermeasure. It also introduces five areas for discussion regarding public concerns about the use of force: pre-trial detention in a free society; the banning of militant groups within the law; the boundaries of proper surveillance and intelligence work; the dangers of torture; and efforts at “surgical” use of military force when collateral damage is possible or probable.

The peculiar nature of contemporary terrorism and counter-terrorism creates unprecedented situations of violence that do not fit clearly into the established concepts and categories of international humanitarian law.. This paper reconsiders the relationship between military counter-terrorist operations and international humanitarian law, by assessing the general conditions for the applicability of international humanitarian law in this context, as well as by addressing the specific issues of combat targeting and the treatment of detainees. The paper concludes that despite certain conceptual uncertainties, the existing framework of international humanitarian law can adequately cover the basic issues that may arise in the context of military counter-terrorist operations.

The various international treaties governing armed conflicts date from different periods: the main Hague Conventions from 1907, the most recent Geneva Conventions and the Hague Cultural Property Convention from 1949 and 1954, the protocols additional to the Geneva Conventions, and the conventions on certain conventional weapons from 1977 and 1980. These various law of war treaties thus reflect the needs, concepts, circumstances, and language of their times. As a consequence of the growing complexity of modern armed conflicts, the law of war is also becoming more and more complicated.

One of the best tools available to policy-makers to help manage armed forces during times of crisis is a set of orders known as rules of engagement (ROE). ROE are guidelines specifying under what conditions or circumstances force may be used to satisfy political and /or military demands. Tension inescapably exists in a system that subordinates armed forces under civilian control while retaining military command. Managing this tension by delineating the boundaries of military action in support of political objectives is another major role of ROE. There are vital links between the strategic and tactical levels of conflict. The strongest of these links are often ROE, as they enable mission accomplishment, force protection, and compliance with law and policy. ROE act as a kind of tool for politicians to control the level of “use of force” by the military. ROE are also a kind of tool for military commanders to command and control their units in order to fulfil the requirements of their mission. The ROE for counter-terrorist operations are different than war ROE in terms of applicable law and the political desire, which is less provocative in order to minimize the possibility of escalating the political situation.

Although almost all states agree that all forms of terrorist activities should be condemned, states do not agree upon a definition of terrorism. Terrorism is a major threat to fundamental human rights, especially the right to life, and violates human rights grossly and systematically. No matter what pretext terrorists may use for their deeds, terrorism in all its manifestations and forms should be treated as a crime against humanity. The measures taken by states against terrorism should comply with the requirements of international human rights law. In this respect, any measure has to respect the human rights of both innocent civilians as well as terrorism’s perpetrators. As a result, respecting human rights is sine qua non when fighting terrorism; at least minimum human rights standards should be provided, and a balance between liberties and security must be established in every area by states. However, this does not mean that human rights law can be perceived as law to protect terrorism for political purposes.

This paper discusses the responses to terrorism under the Criminal Justice and War Models. Within this framework, the Troubles in Northern Ireland (1969-2007) and the UK’s use of force in dealing with the terrorist threat are examined.

Terrorism can be mitigated through three broad domains: operational counter-terrorism, anti-terrorism and strategic counter-terrorism. While considerable efforts have been made in operational counter-terrorism, there are lessons that can be learned from several case studies, as the strategically calculated use of force would reap more benefits in the operational domain. This paper looks at the strategic role of leadership and the cases of Afghanistan and the Philippines as examples of effective leadership that used strategic force wherein multiple strategies were used with a focus on involving local people and maintaining local public support.

Although Public Relations has largely become associated with advertising media, this paper discusses how organizational communication (a kind of Public Relations) is a vital component for organizations who are charged with maintaining the safety of the public. This paper examines the nature and role of organizational communication both internal to organizations as well as communication with the public. It also considers the importance of such communications in normal operations as well as in times of public crisis such as natural disasters, terrorist activities and social and civil unrest.

To facilitate a detailed analysis of the various dimensions of terrorism, it would be helpful to do a general threat assessment of terrorism and to discuss the leading global problems both today and in the future that may affect terrorism. Terrorism is currently a lethal, destructive phenomenon with the potential to cause massive casualties. Advances in counter-measures, however, have not progressed at the same pace. Concerns about cyberterrorism and terrorist access to Weapons of Mass Destruction (WMD) are increasing. Accordingly, this paper will examine four key subjects: cyberterrorism, WMD, the media, and legal dimensions of terrorism.