Counterterrorism Operations Research Articles

International Legal Regulation of Counter-Terrorism in Peacetime and During the Armed Conflicts: a regional approach of the Commonwealth of Independent States

INTRODUCTION. The increase in the number of armed conflicts involving non-State armed groups recognized as terrorist in States and international organizations has been the trend in recent years. In this regard, the question relating to the links between terrorism and armed conflict, as well as between the international legal regulation of combating terrorism and international humanitarian law, is on the agenda. The article examines the regional approaches of the CIS to countering terrorism within armed conflicts and during counter-terrorism operations in peacetime.MATERIALS AND METHODS. The material for the research included the universal treaties, the model legislation of the CIS on IHL and in the field of combating terrorism, as well as the conceptual documents of the military-strategic cooperation of the CIS member states in particular in identifying areas and forms of countering international terrorism as a modern military threat. The methodological basis of the research included general scientific and private scientific methods of cognition traditional for legal researches.RESEARCH RESULTS. The research substantiates the hypothesis that within the Commonwealth there were formed the legal regimes, which are based on the generally recognized principles and norms of international law governing the issues of military counteraction to terrorist threats both in peacetime and during armed conflicts. The article analyzes international treaties, model legislation of the CIS and national legal acts of the member states establishing the legitimacy of military methods and means of response to terrorist challenges and threats within the special legal regime of the "counter-terrorist operation". A relevant aspect of the study was the identification of the prospects of military cooperation between the CIS member states through the development of new mechanisms for combating terrorism– "military-police operations" in the system of their joint counter-terrorism activities.DISCUSSION AND CONCLUSIONS. In modern realities, it is the most effective to build the counteraction to terrorism within the CTO legal regime which enable to combine law enforcement and military tasks faced by the state within ensuring its internal and external security, and also contains guarantees for ensuring and protecting human rights. Meanwhile, the involvement of the armed forces of the state in combating terrorism does not mean an unequivocal transfer of the situation from peacetime to the regime of martial law. The CIS, conscientiously fulfilling its obligations under the key acts of IHL, has set out in its model legislation the norms prohibiting terrorism during armed conflicts and establishing responsibility for acts of its. In addition, under the auspices of the CIS there has been developed and successfully implemented the model legislation regulating the use of military methods and means of response to terrorist challenges and threats within a special legal regime of a “counter-terrorism operation” separated from the regime of the use of armed forces within the IHL.

К ВОПРОСУ О СОЗДАНИИ СЛУЖБЫ МЕДИЦИНЫ КАТАСТРОФ ФМБА РОССИИ

Relevance. In the activities of the general state interdepartmental system of protection, saving lives and preserving the health of the population during emergencies, medical organizations of the FMBA of Russia are directly involved. According to the Regulations on the All-Russian Service for Disaster Medicine and the order of the FMBA of Russia dated April 25, 2022 No. 126, the medical forces and means of the FMBA of Russia are involved in the elimination of the medical and sanitary consequences of emergencies, not only as part of the implementation of their immediate inherent tasks, but also in other, especially large-scale emergencies, occurring within the country. This situation determines the relevance of scientific research on the field of creating a disaster medicine service of the FMBA of Russia. The purpose of the study is to design organizational and methodological approaches to the creation and functioning of the Disaster Medicine Service as part of the Functional Subsystem of the FMBA of Russia (the Disaster Medicine Service of the FMBA of Russia) based on the results of studying and analyzing the experience of formation and development, as well as the activities of the forces and means of the All-Russian Disaster Medicine Service. Methodology. The normative and methodological documents regulating the procedure for the creation and functioning of the disaster medicine services of the Ministry of Health of Russia and the Ministry of Defense of Russia were studied; data from expert assessment cards on the research topic, as well as the submitted draft Regulations on the Disaster Medicine Service of the FMBA of Russia, developed by the authors of this article, the content of which was approved by the specialists of the district medical centers of the FMBA of Russia as a tool for peer review; scientific works and publications devoted to the formation and improvement of the organizational structure of the All-Russian Service for Disaster Medicine. The following scientific research methods were used: content analysis method, peer review method, logical, analytical, natural observation. Results and their analysis. Taking into account the ongoing comprehensive measures to develop a unified state system for the prevention and elimination of emergencies, including the country’s health care, subsystems of the VSMC, the FMBA of Russia and others, the procedure for the functioning of the medical forces of the FMBA of Russia, intended to eliminate the consequences of emergencies, needs to be considered for its improvement and optimization both in the mode of daily activities and in emergency mode. The experience of multifaceted work to eliminate the medical and sanitary consequences of various emergencies, including terrorist acts, counter-terrorist operations and armed conflicts, convinces us that, as part of the Functional Subsystem of the FMBA of Russia, it is advisable to discuss on a scientific platform the need to create a Disaster Medicine Service of the FMBA of Russia. The formation of a disaster medicine service will contribute to the timely organization and provision of medical care to victims of emergency situations at the facilities and territories serviced by the FMBA of Russia.

AFRICOM and the Burdens of Securitisation in Africa

This article aims at analyzing the nature and role of the United States Africa Command (AFRICOM) in the governance security in Africa. It depended on secondary data, which were obtained from journals, newspapers, books, and annual reports on the activities of the Command. A combination of thematic, content and historical methods of data analysis was used to interpret and explain the nature, role, and challenges of AFRICOM in the governance of security in Africa. Guided by the theory of securitization, the results indicate that the nature of AFRICOM’s security governance reflects continuity and change in the United States' militarism in Africa and the evolving character of the securitization order in the continent since the events of 9/11. The analysis shows that the securitization role of AFRICOM involves competitive militarisation strategically designed to contain the rising economic and political influence of China on the continent. Yet, its counterterrorism operations fall short of addressing the structural sources of Africa’s security predicaments. In these contexts, AFRICOM’s activities have had little or any significant impact on the protection of life and property in Africa. In fact, by articulating and reproducing Africa as security deficient and security dependent on the West, the concept and activities of AFRICOM broadly constitute a phase in the genealogies of coloniality of Western militarism and securitization in the continent.

The Munich massacre and the proliferation of counterterrorism special operation forces

ABSTRACT The attack on members of the Israeli team during the 1972 Olympic Games in Munich, West Germany, was a critical juncture in the understanding of terrorism as theatre and in the fusion between counterterrorism and special operation forces. It created a path dependency in the way the terrorist threat is perceived and handled. For Israel, the attack was one in an ever increasing and constantly changing terrorist threat that helped shape its security apparatus and led to the proliferation of special operation forces units within the military, police and border police. Globally, the attack led to a spur in the establishment of special operation units with specific counterterrorism and hostage rescuing expertise. Overall, the media coverage of the Munich massacre and the failure of the German security forces in handling the crisis contributed to the survivability of special operation forces units. These units specialised in counterterrorism operations and later-on appropriated other types of missions and responsibilities while tightening their political ties and enhancing their public image. Most notably of these was the Israeli Sayeret Matkal.

Strengthening inter-agency coordination in counterterrorism in Israel after Munich

ABSTRACT The September 1972 Munich Olympics massacre brought to light the critical need for internal coordination and international cooperation among intelligence, security and enforcement agencies, government ministries, and many others who deal with counterterrorism. Through an historical overview of the role of the counter-terrorism bureau and with interviews of its former directors, this article presents the security lessons learned from the attack while providing an overview of the counterterrorism coordinator’s critical role in coordinating organisations focused counterterrorism operations, policy, and law.

Optimizing The Role Of The Indonesian National Army In Addressing The Crime Of Terrorism

The role of the Indonesian National Army ( Tentara Nasional Indonesia “ TNI ”) in countering terrorism is part of the strategy to combat terrorism. With the escalation of the threat of terrorism which not only threatens national security, but also state sovereignty, the involvement of the TNI is a necessity in order to defend the country from threats or terrorist attacks. This study describes the urgency of the TNI's involvement in efforts to overcome acts of terrorism that threaten state sovereignty, and how the ideal role of the TNI in efforts to combat criminal acts of terrorism is described. The method used in this research is normative legal research, using a statutory approach ( statu te approach ) and a conceptual approach ( conceptual approach ). The results of this study indicate that there is a need for regulations that clarify the main tasks and functions of the TNI in combating terrorism. The proposed efforts to involve the TNI in counter-terrorism include aspects of enforcement and prevention. In the aspect of prosecution, the technical involvement of the TNI in counter-terrorism operations is at the back, when the Anti-Terror Detachment 88 is in a condition beyond over capacity and the gradation of threats that endangers the sovereignty of the state. In the prevention function, the role of the TNI is more focused on the effective use of intelligence forces in supporting the prevention of criminal acts of terrorism. Technically, the role of the TNI that must be carried out is early warning, early prevention, and prosecution and restoration of an area as a result of acts of terrorism.

Selective State Penetration: The Nexus between Ungovernability and Terrorism in Egypt’s Northern Sinai (2011-2016)

Although Egypt experienced an unprecedented wave of political violence post-2011, terrorism in the North Sinai province is distinct in terms of sheer numbers, lethality, operational sophistication, and the range of actors involved in carrying out attacks. The objective of this paper is to provide an empirical explanation for why terrorism in Northern Sinai started earlier, lasted longer, was more frequently claimed, and was simply more deadly than in other Egypt provinces. The paper utilizes in-depth interviews with representatives of NGOs in Northern Sinai, journalists, residents, and security officials, as well as socio-economic data, terrorist incidents, and counter-terrorism operations to analyze the trends that have emerged since 2013. Initial conclusions suggest that ungovernability increases the opportunity of terror, but selective state presence, provides the trigger for escalation. For the sake of enriching the literature, this paper provides an analytical explanatory framework that expands the concept of ungovernability to include measures of relative depravation and repression.

Selective State Penetration: The Nexus between Ungovernability and Terrorism in Egypt’s Northern Sinai (2011-2016)

Although Egypt experienced an unprecedented wave of political violence post-2011, terrorism in the North Sinai province is distinct in terms of sheer numbers, lethality, operational sophistication, and the range of actors involved in carrying out attacks. The objective of this paper is to provide an empirical explanation for why terrorism in Northern Sinai started earlier, lasted longer, was more frequently claimed, and was simply more deadly than in other Egypt provinces. The paper utilizes in-depth interviews with representatives of NGOs in Northern Sinai, journalists, residents, and security officials, as well as socio-economic data, terrorist incidents, and counter-terrorism operations to analyze the trends that have emerged since 2013. Initial conclusions suggest that ungovernability increases the opportunity of terror, but selective state presence, provides the trigger for escalation. For the sake of enriching the literature, this paper provides an analytical explanatory framework that expands the concept of ungovernability to include measures of relative depravation and repression.

Strengthening DHS intelligence analysis education: core competencies, gaps, and challenges

Building and strengthening the Department of Homeland Security’s (DHS) workforce in counterterrorism operations starts with effectively trained and educated intelligence analysts. However, identifying and establishing standards for effective training and core competencies for intelligence analysts can be a challenge. By drawing on ethnographic interviews with members of the Intelligence Community (IC) and conducting domain analysis, this article sets out to understand those challenges and examine what is required to solve them. More specifically, we sought to identify benchmarks for core competencies associated with intelligence analysis as well as gaps in standardisation and the current implementation of intelligence training and education. Based on our findings, we recommend a conceptual framework for homeland security intelligence training and education and chart a path to build a more innovative and efficient intelligence workforce able to conduct analysis and develop intelligence products that contribute to the missions of DHS.

The Tug-of-War over Drone Strike Oversight: Congress and the Politics of Drone Warfare during the Obama Presidency

Despite the increasing use of Unmanned Aerial Vehicles (UAVs) in counter-terror operations, executive-legislative relations, intelligence oversight, and war powers regarding drone strikes have received scarce scholarly interest. Our article contributes to filling this gap and focuses on the politics of congressional oversight of drone warfare—in particular those operations conducted by the CIA (Title 50 operations) during the Obama administration. We apply the Multiple Streams Framework (MSF) to conduct an interpretive case study and shed light on our central research question: How can we explain the timing and limited extent of changes with regard to congressional oversight of drone strikes during the Obama presidency? While this policy area is traditionally depicted as one of executive dominance and legislative acquiescence, we analyze how congressional entrepreneurs used a policy window in the wake of John Brennan’s confirmation hearings for CIA Director in 2013 to set the agenda on congressional oversight of drone strikes, and thereby contest executive policy-making. Congress enacted limited changes to drone strike oversight and pressured President Obama to increase transparency. At the same time, further limitations, most notably to consolidate drone strike oversight by ending the CIA drone program, were defeated by senior leaders in Congress. Our study thus contends that congressional entrepreneurs played a key role for both change and continuity regarding drone warfare oversight.

Wartime Law as a Sub-Branch of Military Law

Based on the legal positions set out in the scientific literature, the paper defines the normative complex of «peacetime law», and highlights the «law of crisis situations» operating under extraordinary legal regimes (state of emergency, counter-terrorism operation, peacekeeping operation). The author’s position on the «wartime law» as a set of norms of military legislation regulating relations during wartime under martial law is formulated, the analysis of the effect of these norms in time (ratione temporis), in space (ratione loci) and in the circle of persons (ratione personae) is carried out. The author opposes proposals to name a sub-branch of military law as «international humanitarian law», «law of armed conflict» or «operational law» following the study of the concepts of «international humanitarian law» and «law of armed conflict» found in the doctrine of international law and established contractual practice. It has been established that the use of the Armed Forces of the Russian Federation is not possible for its intended purpose within the framework of contractual and non-contractual regimes of their use. It is noted that the «wartime law» is intended to regulate relations during international armed conflicts and can only be partially based on the norms of international humanitarian law. It includes the institutions of mobilization, territorial defense, civil defense, occupation, internment, military captivity, etc.; its norms regulate the use of the Armed Forces of the Russian Federation for their intended purpose. The author raises debatable questions about the inclusion of a number of technical norms in military law, as well as the development of rules of engagement in certain geographical environments on the basis of recommendatory international legal norms.

In the Shackles of Instability: Challenges of Operation Barkhane in the G5 Sahel Countries

Suffering from a multidimensional crisis, the Sahel has morphed into the new center of terror. In the past few years, it has become one of the most hazardous places in the world, which has negatively transformed the fragile states of the Western-African region. Emerging as a novel security policy challenge, the G5 Sahel countries – namely Burkina Faso, Chad, Mali, Mauritania, and Niger – have found themselves stuck in a quagmire of different deep-rooted human security issues, which have placed their populations in a vicious circle of closely intertwined problems. Various influences threaten not just the security of residents and foreign actors but also the security of neighboring states. Different regional and international actors are trying to solve this complex crisis with varying levels of success. In this environment, in the shackles of instability, the presence of jihadist terrorist organizations and the operations of different rebel armed forces independent from governments pose a growing threat by making Sahelian life a living hell. This paper aims to discuss the challenges and effectiveness of Operation Barkhane, the terminating counter-terrorism operation led by the French, which has started its strategical transformation by merging into the European initiative known as the Takuba Task Force. Under President Emmanuel Macron, France remains the most important actor in the international community. In close alliance and cooperation with the African leaders and military forces of the five countries involved, they have been fighting terrorism within the confines of Operation Barkhane since 2014. Until recently 5,100 French soldiers have been deployed. They risk their lives every day in an incredibly hostile and constantly changing field where either they or the jihadists are under fire. Even though this operation has become an essential part of providing security in these countries, French participation remains controversial: despite their willingness to help, heavily armed French soldiers are not the most popular throughout the region. The importance of the topic speaks for itself because the transformation of the operation and the withdrawal of half of the French troops may have a drastic impact on the future of the Sahel.

New technologies and legal justification: The United Kingdom’s use of drones in self-defence

AbstractThis article examines the United Kingdom’s use of drones in an act of self-defence in a counter-terrorism operation. The government justified the targeted killing of a UK citizen in Syria – a country with which it was not at war at the time – with reference to existing laws and norms. In doing so, it contested a number of established concepts to justify its conduct as lawful activity. The article argues that modern weapons such as drones, which are used to address novel threats, lead to legal justification that in turn has the potential to create new laws. In this way, the intersection of norms, warfare and new technologies becomes a productive site of political contestation. The contribution of the article is twofold: empirically, it contributes to debates on targeted killing and discussions surrounding the meaning and interpretation of ‘imminence’ in the context of preventive self-defence in the United Kingdom; and theoretically, it adds to the constructivist literature by examining norm contestation and resulting normativity in this area. The article concludes that the legal justification in this particular instance has important implications for other emerging technologies that require discussions about how states justify their actions to conform with existing legal and normative frameworks.

The ability structure of future officers to perform tasks in «special conditions»

The work provides a theoretical understanding and practical identification of the ability structure of future officers to perform tasks in special conditions, which are understood as special legal regimes enshrined in the Russian Federation: emergency situations, states of emergency regimes, martial law, and the legal regime of a counter-terrorist operations. The paper examines scientists’ opinions on the concept definition of abilities and their structure; notes that scientific works of K.K. Platonov, D.K. Kirnarskaya, V.A. Krutetsky, A.N. Leontyev, B.M. Teplova, V.D. Shadrikova, S.L. Rubinstein, V.N. Druzhinin and others are devoted to studying abilities; considers the point of view of the above researchers; draws the corresponding conclusions. The authors establish that professional abilities are referred to special abilities, which are understood as the abilities necessary to perform a certain activity within ta person profession frameworks. They play the role, first, of the conditions to realize an individual as a professional, and then, of the professional activity result. The purposeful formation of certain professional abilities in future officers should be justified by their need for professional activity and fulfill the requirements for graduates of military universities. To understand how the ability to perform professional tasks in special conditions affects forming personal structures of future officers, as well as to find out what role it plays in maintaining and developing the general professional level of future officers, it is necessary to study the structure of this ability. The article reveals that the value-motivational, emotional and strong-willed, intellectual (cognitive), adaptive, activity-practical, communicative components are distinguished as the components of the ability structure of future officers to perform tasks in special conditions.

Проблеми індикативного планування та концепції управління існуючої системи медичного захисту населення України під час проведення контртерористичних операцій

Актуальність. З метою покращання надання екстреної медичної допомоги постраждалим під час проведення контртерористичних операцій в Україні шляхом здійснення аналізу та визначення проблемних питань щодо розбудови сучасної системи медичного захисту населення України, що відповідатиме завданням євроатлантичної інтеграції, було виконано дане дослідження. Матеріали та методи. Матеріалом дослідження були: законодавчі та нормативні акти України урядового та відомчого рівнів стосовно медичного захисту населення в надзвичайних ситуаціях та в особливий період, а також накази та інструкції, чинні в Україні, із питань надання екстреної медичної допомоги. Результати. Розробка організаційної моделі та нормативно-правової бази застосування медико-організаційних заходів із мінімізації наслідків у разі зростання загроз здоров’ю громадян України в особливий період дає змогу визначити концептуальну стратегію щодо впрова­дження адаптованих медико-організаційних технологій до складових системи екстреної медичної допомоги під час проведення контртерористичних операцій з урахуванням сучасних засобів ведення воєнних дій та їх медико-санітарних наслідків. Висновки. Система медичного захисту за обсягом матеріально-технічного та кадрового забезпечення повинна розглядатись як складова національної безпеки держави.

‘Não é uma prioridade’: uma análise da prevenção do terrorismo em Portugal

The purpose of this study is to understand the mechanisms behind counter-terrorism operations in Portugal, focusing particularly on its prevention framework. The choice of this case study was motivated by the fact that despite having escaped major terrorist attacks in the period following 9/11, Portugal has, nonetheless, to uphold its own counter-terrorism strategy due to its placement within the European Union. In this sense, elite interviews have been conducted in order determine the components of the Portuguese preventative framework when it comes to terrorism, how it is aligned with European Union standards, and how it has prevented different forms of terrorism. The main findings of this study demonstrate that there are sparse efforts in Portugal in terms of preventing terrorism, which are justified by the unimportance of the terrorist threat in Portugal, but also by the excessive securitization of this issue. This study offers reflections for both research and practice.

Mass Displacement and Violent Extremism in the Sahel: A Vicious Circle

With the Sahel crisis entering its tenth year, the indiscriminate violence faced by local populations trapped between various al-Qaeda and Islamic State-affiliated organisations, other non-state armed groups, and counter-terrorism operations, is forcing ever-growing numbers of civilians to flee, resulting in over 2.8 million people being forcibly displaced across Mali, Niger, and Burkina Faso. Frequently representing the only coping strategy available, displacement however exposes internally displaced persons (IDPs) and refugees to even more precarious situations, while also raising important challenges for their host communities. Through an initial exploration of the complex interconnections between mass displacement and violent extremism, this policy brief aims to assess how displacement simultaneously constitutes one of the most tangible symptoms as well as a potentially aggravating factor of the Sahel crisis. More specifically, it considers the potential for mass displacement, which results from rising (extremist) violence, to perpetuate conditions conducive to violent extremism by increasing local tensions and grievances that have been known to be exploited by violent extremist groups.

Contemporary Methods, Forms and Tools of Terrorist Activity in the Countries of the European Union

The article aims to present the nature and typology of terrorist attacks taking into account the contemporary conditions of the security environment of the European Union. The author describes the leading methods, forms and tools of contemporary terrorist attacks carried out on the territory of the Community countries. He bases on the latest reports and analyses of the leading security institutions, both in the national and regional dimensions. These data are complemented by analyses of selected terrorist attacks, which allow us to draw additional conclusions and generalizations. The article is innovative due to the specific approach to the threat of terrorist attacks, allowing the reader to easily recognize the leading methods of terrorist struggle and examples of their use. The value of the article is its topicality and focus on the subject of the modus operandi of perpetrators. Thanks to that, the content of the text may constitute a real source of knowledge on the nature of contemporary attacks and trends in their evolution. Due to the utilitarian character of the content, the text may be addressed both to scientists and practitioners performing tasks in the area of counterterrorist operations. An additional advantage of the work is the use of a wide spectrum of doctrine in the area under study, which translates into the possibility of getting acquainted with a variety of opinions of experts and scientists. In the article, the reader will also find a summary of selected opinions on the development of the phenomenon of terrorism and terrorist attacks, which can be a source of knowledge when designing future anti-terrorism solutions.

Energy security as a crucial Pakistan’s foreign policy determinant

Considering many factors that can affect the nation’s foreign policy, one can point out the factor of energy security. The article deals with the place of energy security in Pakistan’s foreign policy. The author puts forward a hypothesis according to which the socio-political development of Pakistan directly depends on the state of its energy sector and the prospects for its development, and therefore the nation’s foreign policy in fact stems from the needs of strengthening energy security. The article discusses the general concepts of energy security, lists the existing threats, the role of the energy sector in the Pakistani economy and the structural problems of the industry are analyzed with an overview of the country’s foreign trade balance having been given. The strategically important tracks of Pakistan’s energy policy include the implementation of the China-Pakistan economic corridor, the development of relations with the Gulf countries, an attempt to agree on the implementation of energy projects with the countries of Central Asia. Among Pakistan’s attempts to counter socio-political threats to energy security, counter-terrorism operations of the nation’s armed forces are considered, and its duality is noted, initiatives to strengthen regional maritime security in the Indian Ocean and in particular - Regional Maritime Security Patrols, as well as Pakistan’s role in the civil war in Afghanistan in the context of the Taliban takeover. The author concludes that energy security will remain one of the key factors in Pakistan’s foreign policy until the burning issues in the areas discussed in the article are resolved. Otherwise, Pakistan will remain a country with an extremely vulnerable economy, which will not allow Islamabad to play the role in world politics it hopes for.

FRENCH COUNTERINSURGENCY IN MALI BEFORE AND AFTER THE COUP D'ÉTAT OF 2020

The civil war in Mali is one of the longest-running conflicts in the African Sahel region. The conflict is now a typical example of an asymmetric conflict, with nation-state forces on one side and non-state armed actors on the other. This article describes the roots of the conflict, its evolution, France’s involvement in counterinsurgency and counterterrorism operations, and the operational activities of Task Force Takuba. Finally, it provides an assessment of the overall issue, including an assessment of whether the objectives for which Task Force Takuba was formed have been met.