Slide 0Terrorism, unfortunately, is not new…What changed on September the 11th?The Global war on Terrorism is joined…Slide 5Slide 6In war – Combatants are Captured.A brief foray into Political Science and TheoryPresidential Address to the Joint Session of CongressTerrorism as War and Application of LOACUSG Policy…Slide 12Slide 13Combatants and the Rules of WarImplicationsTerrorism and CriminalityCongress’ intent… wage war against terrorists..Authorization for Military ForceDesired End State of GWOTSlide 20Unprecedented Review Processes at GTMOReturning detainees to Home GovernmentsMore Governments need to take responsibilitySlide 24Summary1UNCLASSIFIEDDetention Operations Policy &the Global War on TerrorismOffice of Detainee AffairsPresentation for the University of California - BerkeleyNovember 30, 2005Bryan C. Del MonteDeputy Director for Policy Development &International IssuesOffice of the Under Secretary of Defense for Policy, Office of Detainee Affairs703-697-4001 – [email protected], unfortunately, is not new…History of the Thuggees & India–Using “terror”…Thuggee’s in India lasted 300 yearsVarious sources credit them with killing over 2 million people in India.Thuggees are much more akin to a psychotic group of criminals than what we know as “terrorism” today.Ultimately, the British decided “enough is enough” and broke the backs of the Thuggees by killing about 4000+ of the members – often publicly.Cult of Kali depicted in Indiana Jones and the Temple of Doom3UNCLASSIFIEDWhat changed on September the 11th?On 9/11, America..–Realized that al Qeada was more than a criminal threat and enterprise.–That UBL, the network of AQ, and the Taliban posed a dangerous threat and amassed a capability to attack the USG on its own soil.–That counter-terrorism and anti-terrorism efforts required a comprehensive use of all US resources – it was not a law enforcement problem alone.Pentagon on fire and partially destroyedfollowing the crash of American Airlines Flight 774UNCLASSIFIEDThe Global war on Terrorism is joined…Al Qaeda had declared war on the US long before 9-11.Two “fatwas” of al Qaeda–Attack our Military–Attack our citizens–Attack our friends and alliesThis is not a rhetorical war. Al Qaeda has attacked our military, our citizens, citizens of other nations, our friends, our allies, and our interests… and continues to do so.If they could strike again they will – have no illusions of restraint.Public Enemy #1 – Usama Bin Laden5UNCLASSIFIEDThe Global war on Terrorism is joined…The United States, its allies, and the world recognized that the threat posed by al Qaeda, the acts perpetrated against the US, were acts of war…–NATO invoked Article V of the treaty; the collective defense provision.–ANZUS collective defense provisions invoked.–OAS offers assistance..–Rio TreatyInternational Response to 9/11 Attacks6UNCLASSIFIEDThe Global war on Terrorism is joined…On October 7 – the United States uses military force against those who attacked it.A coalition of more than 40 countries joined the US in Operation Enduring Freedom (OEF).OEF remains active as elements of the Taliban and al Qaeda network attempt to destroy the Karzai government and attack US forces in Afghanistan.Over 40 Countries compose the Coalition Forcesin OEF under Gen. Abazaid’s Command in US CENTRAL COMMAND or “CENTCOM”7UNCLASSIFIEDIn war – Combatants are Captured.In armed conflicts, some combatants survive and continue to fight, some are killed, and some get captured by the enemy.At Guantanamo – or “GITMO” (written as GTMO) – al Qaeda and Taliban detainees (and supporters) are detained according to the laws of war.The framework of their detention presents unique challenges for international politics.CAMP DELTA – MAXIMUM SECURITYGuantanamo Naval Air Station, Cuba8UNCLASSIFIEDA brief foray into Political Science and TheorySovereignty, Authority and War–Thompson’s work about Mercenaries, Pirates, and Sovereigns.–The history of the last 100 years or so is one of centralizing international warmkaing authority.–It also developed a normative understanding of criminal activity as “inside” the boundaries of the nation-state, and war-making authority OUTSIDE the nation state. Thus acts committed against states were generally viewed in terms of international conflict – not crime.The affect of this process on the development of the law of war is profound – namely, war is normatively understood as a violent discourse between primarily nation-state actors.However, like sovereignty as a concept – these normative understandings are not static and are shaped and interpreted in large measure by “power politics”9UNCLASSIFIEDPresidential Address to the Joint Session of CongressFreedom at War with Fear Speech“This war will not be like the war against Iraq a decade ago, with a decisive liberation of territory and a swift conclusion. It will not look like the air war above Kosovo two years ago, where no ground troops were used and not a single American was lost in combat. Our response involves far more than instant retaliation and isolated strikes. Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen. It may include dramatic strikes, visible on TV, and covert operations, secret even in success. We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.”10UNCLASSIFIEDTerrorism as War and Application of LOACThe United States adheres to the rule of law, including the laws of war, and has championed the rule of law.However, the law of war, as one will recall – is a STATE-CENTRIC system of international obligations => not individualistically oriented.Thus, the challenges faced by the USG were…–What is the legal status of detainees in GWOT?–Given that legal status – what protections (either by law or policy) should apply to those detainees?Answers to these two
View Full Document
Unlocking...