Introduction In terms of near-universal participation by sovereign States, the high degree of observance among States parties and the

influence it has had on the international legal order, the Vienna Convention on Diplomatic Relations may claim to be the most successful of the instruments drawn up under the United Nations framework for codification and progressive development of international law. Its success is due not only to the excellence of the preparatory work by the International Law Commission and the negotiating skills of State representatives at the Conference, but also to the long stability of the basic rules of diplomatic law and to the effectiveness of reciprocity as a sanction against noncompliance. Historical Context Among all peoples who wished to engage with each other on a basis other than that of conquest and subjugation, it was practice from the earliest times that the person of the envoy or intermediary between them was sacrosanct. Until it was accepted originally as a matter of religious scruple that the herald or emissary could pass safely in order to negotiate terms of truce or agreements to settle quarrels, there could be no peaceful international relations or rules on questions of substance. The personal inviolability accorded to envoys, for example among the ancient Greek cities and among the states of ancient India, became of less importance with the rise of the Roman Empire and later of Byzantium both of these intent on subjugation rather than co-existence. Diplomacy in the modern sense revived with the Renaissance and during the sixteenth century a period of violent religious strife the special protection and immunity from criminal jurisdiction even for ambassadors suspected of conspiracy against the sovereign to whom they were accredited became established in practice among sovereign rulers. By the time of the Congress of Westphalia in 1648, permanent legations were accepted as the normal way of conducting international business among sovereign States, and over the next century detailed rules emerged in relation to the immunity of ambassadors and their accompanying families and staff from civil as well as criminal proceedings, the inviolability of their embassy premises and their exemption from customs duties and from taxes. These rules of customary international law were described in detail by early writers such as Grotius (1625), Bynkershoek (1721) and Vattel (1758). The first international instrument to codify any aspect of diplomatic law was the Regulation adopted by the Congress of Vienna in 1815 which simplified the complex rules on the classes of heads of diplomatic missions and laid down that precedence among heads of missions should be determined by date of arrival at post. Until then precedence which guaranteed direct access to the receiving sovereign as well as ceremonial honours had caused numerous and bitter disputes. Codification among States of immunities and privileges of diplomatic agents did not begin until the Havana Convention of 1928 drawn up among the States of the Pan-American Union but this did not well reflect current practice either in its terminology or its rules. More influential was the Draft Convention drawn up in 1932 by the Harvard Research in International Law. The establishment within the United Nations framework of the International Law Commission opened the way to comprehensive codification to confirm what were accepted as well-established if not universally respected rules of international law. There remained areas on which State practice was divergent in particular the privileges and immunities of junior staff, the position of a diplomat who was a national of the host State and the extent of exceptions to the immunity from jurisdiction of a diplomat so that any convention would contain an element of progressive development as well as codification of the law. Negotiating History The preparatory work for the Vienna Conference followed the standard United Nations procedure for the codification of international law applied in fields where there is already extensive State practice, precedent and doctrine. In 1952, Yugoslavia proposed that the topic should be given priority, and after discussion in the Sixth (Legal) Committee, the General Assembly requested the International Law Commission to undertake as a priority topic codification of the law of diplomatic intercourse and immunities. The Commission appointed Mr. Sandstrm of Sweden as Special Rapporteur and his report formed the basis for the draft articles adopted by the Commission in 1957. These articles were debated in the Sixth Committee of the General Assembly and sent to all members of the United Nations or any of its specialized agencies with an invitation to submit comments. Comments from 21 Governments were taken into account by the Commission who in 1958 prepared revised and extended articles and recommended that they should form the basis for a Convention a decision endorsed by the General Assembly. Eighty-one States took part in the Conference held at Vienna from 2 March to 14 April 1961 and the Convention was signed on 18 April.

The success of the Conference and of the Convention which it drew up may be ascribed first to the fact that the central rules regulating diplomatic relations had been stable for over 200 years. Although the methods of setting up embassies and communicating with them had radically changed, their basic functions of representing the sending State and protecting its interests and those of its nationals, negotiation with the receiving State, observing and reporting on conditions and developments there remained and still remain unaltered. Secondly, because the establishment of diplomatic relations and of permanent missions takes place by mutual consent, every State is both a sending and receiving State. Its own representatives abroad are in a sense hostages who may on a basis of reciprocity suffer if it violates the rules of diplomatic immunity, or may be penalized even for minor restrictions regarding privileges or protocol. There was at the 1961 Vienna Conference no general underlying conflict of interest between opposing groups of States. The exception to this symmetry of interests lies in the matter of communications between the embassy and its sending State and this was apparent at the Vienna Conference where probably the most controversial issue was whether sending States were entitled as of right to install and use a wireless transmitter. Although the right of free communication between the sending State and its missions abroad was long established in terms of the inviolability of couriers and the diplomatic despatches which they carried so that any interference was covert and denied if discovered in 1961 only those States with advanced technological resources operated transmitters. Other States expressed concern that these transmitters might be used for broadcasting local propaganda, and that because they were situated in inviolable premises beyond the control of the receiving State they might lead to breaches of the International Telecommunication Convention. An amendment which would have expressly required not only the consent of the receiving State for a wireless transmitter but also proper arrangements for its use in accordance with the laws of the receiving State and international regulations was adopted by the Committee of the Whole Conference against the wishes of all major States. In plenary session, however, a compromise was reached, and the above words within quotes which might have implied a right of inspection for the receiving State were withdrawn. This example illustrates the readiness of the delegates to the 1961 Vienna Conference to seek compromise solutions which would make the final Convention text acceptable to the Governments and national parliaments who would later decide on ratification rather than to press home the advantage of numbers. A similarly constructive approach was also shown over the controversial matter of the diplomatic bag. Under previous customary practice it was permissible for a receiving State suspecting that a diplomatic bag contained material other than permitted official documents and equipment to challenge the courier upon which the sending State could either return the suspect bag unopened or submit it to inspection supervised by the authorities of both States. There was prolonged controversy in the International Law Commission as to whether this possibility should be retained, but ultimately it was decided that although there was a duty on the sending State to use the bag only for diplomatic documents or articles for official use, the bag could not be opened or detained under any circumstances. Despite numerous amendments and arguments in the Conference, this was the rule ultimately adopted in article 27. A third question where previous State practice was inconsistent was the extent of immunities and privileges accorded to the administrative and technical staff of a mission junior employees without diplomatic rank such as secretaries, translators and senior security staff. In some States these had been given the same immunities and privileges as diplomats while in others their immunity was limited to their official acts. The International Law Commission, after much argument, proposed that they should be given full diplomatic immunities and privileges and some States at the Conference supported this approach, while others expressed concern in particular at possible abuse of full customs privileges. The Conference limited exemption from customs duties for junior staff to articles imported on first arrival at post and later after it seemed that there might be a total failure to agree on the immunity to be given to administrative and technical staff accepted a United Kingdom compromise under which they would enjoy full immunity from criminal proceedings, but would not enjoy immunity from civil and administrative proceedings for acts performed outside the course of their duties. They can therefore be sued in respect of a road traffic accident occurring while they are off duty or for other matters unrelated to their work for the mission. Key Provisions The Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States. It specifies the functions of diplomatic missions, the formal rules regulating appointments, declarations of persona non grata of a diplomat who has in some way given offence, and precedence among heads of mission. It sets out the special rules privileges and immunities which enable diplomatic missions to act without fear of coercion or harassment through enforcement of local laws and to communicate securely with their sending Governments. It makes provision for withdrawal of a mission which may take place on grounds of economy or physical security and for breach of diplomatic relations which may occur in response to abuse of immunity or severe deterioration in relations between sending and receiving

States. In either of these cases or where permanent missions have not been established a framework is provided for the interests of each sending State to be protected in the receiving State by a third State. Article 22 confirms the inviolability of mission premises barring any right of entry by law enforcement officers of the receiving State and imposing on the receiving State a special duty to protect the premises against intrusion, damage, disturbance of the peace or infringement of dignity. Even in response to abuse of this inviolability or emergency, the premises may not be entered without the consent of the head of mission. Article 24 ensures the inviolability of mission archives and documents even outside mission premises so that the receiving State may not seize or inspect them or permit their use in legal proceedings. Article 27 guarantees free communication between a mission and its sending State by all appropriate means, and ensures that the diplomatic bag carrying such communications may not be opened or detained even on suspicion of abuse. Given the purposes of diplomatic missions, secure communication for information and instructions is probably the most essential of all immunities. Article 29 provides inviolability for the person of diplomats and article 31 establishes their immunity from civil and criminal jurisdiction with precise exceptions to immunity from civil jurisdiction where previous State practice had varied. Immunity from jurisdiction like other immunities and privileges may be waived by the sending State, and article 32 specifies the rules on waiver. Article 34 sets out the tax exemption accorded to diplomats along with detailed exceptions in respect of matters unrelated to their official duties or to ordinary life in the receiving State. Article 36 provides for exemption from customs duties on diplomatic imports throughout a diplomats posting. Articles 37 sets out a complex code for the treatment of families and junior staff where as pointed out above previous practice was varied and negotiation of a compromise difficult. Article 38 bars from all privileges and immunities, except for immunity for their official acts, nationals and permanent residents of the receiving State. These two provisions in many States drastically reduced the numbers of those persons more likely to bring into disrepute the system of privileges and immunities and were fully in accordance with the basic justification applied throughout the Convention of limiting immunities to what is essential to ensure the efficient performance of the functions of diplomatic missions as representing States. Influence of the Vienna Convention on Diplomatic Relations The Convention has established itself as a cornerstone of modern international relations. Despite the need for implementing national legislation in a number of States, it came into force following 22 ratifications only three years from its adoption and almost all States in the world are now parties. The rgime it sets out for the conduct of diplomatic relations has become remarkably uniform as reservations made by ratifying States on a few points which had been controversial during the negotiations have in many cases been withdrawn or simply never applied. The Convention has proved resilient to attack on its fundamental principles. This came during the 1980s from those alarmed at the opportunities it provided for abuse as demonstrated in particular when following the murder of a policewoman by shooting from the premises of the Libyan diplomatic mission in London the United Kingdom broke diplomatic relations and all those within the mission left England under the shield of immunity. More recently attacks have come from scholars concerned at the conflict between immunity and the human right of access to justice, or at immunity for violators of international criminal law and in particular torturers. But in practice there has been remarkably little erosion of the immunities of diplomats as it has been widely accepted that the Convention rules limit immunities to what is essential for the functioning of diplomacy. The focus of public concern has instead shifted to the vulnerability of diplomats to terrorist attacks. These might take the form of kidnapping diplomats with demands for ransom or release of prisoners a serious problem in the 1970s until brought somewhat under control by collective determination by Governments that taking all appropriate measures to protect diplomats did not mean capitulating to blackmail. Alternatively terrorism might involve besieging or bombing embassies most horrifically the United States Embassies in Kenya and Tanzania in 1998. For the most part, parties to the Convention are in no way complicit in these attacks and have done their best to provide protection sometimes helped by wealthier sending States. The striking exception was the detention for over a year of the hostages in the United States Embassy in Tehran with the acquiescence of the relatively new revolutionary Government of Iran. The United States brought proceedings against Iran before the International Court of Justice basing itself mostly on the Vienna Convention on Diplomatic Relations including the Optional Protocol on the Settlement of Disputes to which both States were parties. Iran did not make serious efforts to justify its conduct in legal terms before the Court and the Courts Judgment in the United States Diplomatic and Consular Staff in Tehran case (I.C.J. Reports, 1980) contains important analysis of many of the principles in the Convention and greatly assisted the United States in retaining the support of the international community and securing eventual release

brokered by Algeria of the hostages. More recently, the International Court upheld a counter-claim by Uganda in the Case concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) (I.C.J. Reports 2005) that Congolese soldiers had occupied the Ugandan diplomatic mission in Kinshasa and violated article 29 of the Convention by threatening and maltreating staff on the premises. In national courts there have been hundreds of cases where the Vienna Convention has been applied, since many of its most frequently invoked provisions concern whether a national court may assume jurisdiction over civil or criminal proceedings and what evidence may be admissible in national proceedings. Most of these cases concern ambiguities in the text on such questions as the true meaning of the exceptions to immunity from civil jurisdiction, the construction of the term permanent resident, the protection of an embassys bank account from enforcement proceedings, or the balance to be struck between protecting the dignity of embassy premises and permitting effective exercise of human rights to demonstrate and to speak freely. Unlike the cases described in the previous paragraph, they did not involve fundamental breaches of the Convention. The Convention has also been extensively drawn on by later treaties regulating immunities and privileges. Its provisions were used as a starting point in drawing up the 1963 Vienna Convention on Consular Relations and the 1969 New York Convention on Special Missions in the latter case with unfortunate results in that insufficient account was taken of the differences between permanent missions and most special missions so that the Convention has attracted only limited support. It is used as a point of reference for determining the treatment to be accorded to the premises, archives and senior officers of a substantial number of international organizations. Sometimes it is used on a similar basis for agreements with the host State regulating the status of military forces or civilian missions despatched either by international organizations or by States providing military or civilian assistance. The 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property contains references to its provisions, since in the nature of things the rules on state immunity and on diplomatic immunity, though different in their origins and justification, are closely intertwined. As for the treatment given to heads of State, heads of Government and foreign ministers in their personal capacity though practice is somewhat varied it is accepted that the rules in the Vienna Convention on Diplomatic Relations form a guide and perhaps a minimum standard.

Distributive bargaining is the approach to bargaining or negotiation that is used when the parties are trying to divide something up--distribute something. It contrasts with integrative bargaining in which the parties are trying to make more of something. This is most commonly explained in terms of a pie. Disputants can work together to make the pie bigger, so there is enough for both of them to have as much as they want, or they can focus on cutting the pie up, trying to get as much as they can for themselves. In general, integrative bargaining tends to be more cooperative, and distributive bargaining more competitive. Common tactics include trying to gain an advantage by insisting on negotiating on one's own home ground; having more negotiators than the other side, using tricks and deception to try to get the other side to concede more than you concede; making threats or issuing ultimatums; generally trying to force the other side to give in by overpowering them or outsmarting them, not by discussing the problem as an equal (as is done in integrative bargaining). The goal in distributive bargaining is not to assure both sides win, but rather that one side (your side) wins as much as it can, which generally means that the other side will lose, or at least get less than it had wanted. (Distributive bargaining tactics rarely assume the pie will divided in half.)

Often these approaches to negotiation are framed as incompatible. Fisher, Ury, and Patton, authors of the negotiation best-seller Getting to Yes say that integrative bargaining is superior to distributive bargaining in most, if not all, circumstances--even in situations in which something is to be divided up. By cooperating and focusing on interests rather than positions, they argue that the pie can almost always be enlarged or some other way can be found to provide gains for all sides. Other theorists suggest this is naive--that distributive situations requiring competitive or hard bargaining often occur. Conflict theorists Lax and Sebenius have suggested that most negotiation actually involves both integrative and distributive bargaining which they refer to as "creating value" and "claiming value." Negotiators should do as much as they can to "create value;" once the pie is as big as they can make it, they should claim as much of the value they can for themselves. Knowing which approach to take when is what they refer to as the "negotiators dilemma."

Counter-terrorism (also spelled counterterrorism) is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed. The tactic of terrorism (used by terrorists) is available to insurgents and governments. Not all insurgents use terror as a tactic, and some choose not to use it because other tactics work better for them in a particular context. Individuals, such as Timothy McVeigh, may also engage in terrorist acts such as the Oklahoma City bombing.

If the terrorism is part of a broader insurgency, counter-terrorism may also form a part of a counter-insurgency doctrine, but political, economic, and other measures may focus more on the insurgency than the specific acts of terror. Foreign internal defense (FID) is a term used by several countries[citation needed] for programs either to suppress insurgency, or reduce the conditions under which insurgency could develop.

Anti-terrorism versus counter-terrorism

Further information: Detentions following the September 11, 2001 Terrorist Attack The concept of anti-terrorism emerges from a thorough examining of the concept of terrorism as well as an attempt to understand and articulate what constitutes terrorism in Western terms. In military contexts, terrorism is a tactic, not an ideology. Terrorism may be a tactic in a war between nation-states, in a civil war, or in an insurgency. Counter-terrorism refers to offensive strategies intended to prevent a belligerent, in a broader conflict, from successfully using the tactic of terrorism. The US military definition, compatible with the definitions used by NATO and many other militaries, is "Operations that include the offensive measures taken to prevent, deter, preempt, and respond to terrorism."[1] In other words, counter-terrorism is a set of techniques for denying an opponent the use of terrorism-based tactics, just as counter-air is a set of techniques for denying the opponent the use of attack aircraft. Anti-terrorism is defensive, intended to reduce the chance of an attack using terrorist tactics at specific points, or to reduce the vulnerability of possible targets to such tactics. "Defensive measures used to reduce the vulnerability of individuals and property to terrorist acts, to include limited response and containment by local military and civilian forces."[1]

United States Customs and Border Protection officers, fully armed and armored for a counterterrorism operation To continue the analogy between air and terrorist capability, offensive anti-air missions attack the airfields of the opponent, while defensive anti-air uses anti-aircraft missiles to protect a point on one's own territory. The ongoing Israeli-Palestinian conflict,[2] Sri Lankan Civil War,[3] and Colombian Civil War[4] are examples of conflicts where terrorism is present, along with other

tactics, so that participants use counter- and anti-terrorism to limit the opponent's use of terror tactics. Units engaged in counter-terrorism include the US Navy Seals and Delta Force.

[edit] Planning for, detecting and neutralizing potential terrorist acts

Building a counter-terrorism plan involves all segments of a society or many government agencies. In dealing with foreign terrorists, the lead responsibility is usually at the national level. Because propaganda and indoctrination lie at the core of terrorism, understanding their profile and functions increases the ability to counter terrorism more effectively. See the series of articles beginning with intelligence cycle management, and, in particular, intelligence analysis. HUMINT presents techniques of describing the social networks that make up terrorist groups. Also relevant are the motivations of the individual terrorist and the structure of cell systems used by recent non-national terrorist groups. Most counter-terrorism strategies involve an increase in standard police and domestic intelligence. The central activities are traditional: interception of communications, and the tracing of persons. New technology has, however, expanded the range of military and law enforcement operations. Domestic intelligence is often directed at specific groups, defined on the basis of origin or religion, which is a source of political controversy. Mass surveillance of an entire population raises objections on civil liberties grounds. homegrown terrorists, especially lone wolves are often harder to detect because of their citizenship or legal alien status and better ability to stay under the radar. To select the effective action when terrorism appears to be more of an isolated event, the appropriate government organizations need to understand the source, motivation, methods of preparation, and tactics of terrorist groups. Good intelligence is at the heart of such preparation, as well as political and social understanding of any grievances that might be solved. Ideally, one gets information from inside the group, a very difficult challenge for HUMINT because operational terrorist cells are often small, with all members known to one another, perhaps even related.[5] Counterintelligence is a great challenge with the security of cell-based systems, since the ideal, but nearly impossible, goal is to obtain a clandestine source within the cell. Financial tracking can play a role, as can communications intercept, but both of these approaches need to be balanced against legitimate expectations of privacy.

[edit] Legal contexts

Main article: Anti-terrorism legislation In response to the growing legislation.

United Kingdom o The United Kingdom has had anti-terrorism legislation in place for more than thirty years. The Prevention of Violence Act 1939 was brought in response to an Irish Republican Army (IRA) campaign of violence under the S-Plan. This act had been allowed to expire in 1953 and was repealed in 1973 to be replaced by the Prevention of Terrorism Acts a response to the Troubles in Northern Ireland. From 1974 to 1989 the temporary provisions of the act were renewed annually. o In 2000 the Acts were replaced with the more permanent Terrorism Act 2000, which contained many of their powers, and then the Prevention of Terrorism Act 2005. o The Anti-terrorism, Crime and Security Act 2001 was formally introduced into the Parliament November 19, 2001 two months after the September 11, 2001 attacks in America. It received royal assent and went into force on December 13, 2001. On December 16, 2004 the Law Lords ruled that Part 4 was incompatible with the European Convention on Human Rights, but under the terms of the Human Rights Act 1998 it remained in force. The Prevention of Terrorism Act 2005 was drafted to answer the Law Lords ruling and the Terrorism Act 2006 creates new offences related to terrorism, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005 London bombings, and like its predecessors some of its terms have proven to be highly controversial. United States o U.S. legal issues surrounding this issue include rulings on the domestic employment of Deadly force by law enforcement organizations. o Search and seizure is governed by the Fourth Amendment to the United States Constitution. o The US passed the USA PATRIOT Act after the 9/11 attacks, as well as a range of other legislation and executive orders. o The Department of Homeland Security was established to consolidate domestic security agencies to coordinate anti-terrorism, as well as national response to major natural disasters and accidents. o The Posse Comitatus Act limits domestic employment of the United States Army, requiring Presidential approval prior to deploying the Army. Pentagon policy also applies this limitation to the United States Marine Corps, United States Navy, and United States Air Force. The Department of Defense can be employed domestically on Presidential order, as was done during the Los Angeles riots of 1992, Hurricane Katrina and the Beltway Sniper incidents. o External or international use of lethal force would require a Presidential finding. Australia o Australia has passed several anti-terrorism acts. In 2004, a bill comprising three acts Anti-terrorism Act, 2004, (No 2) and (No 3) was passed. Then Attorney-General, Philip Ruddock, introduced the Anti-terrorism bill, 2004 on March 31. He described it as "a bill to strengthen Australia's counter-terrorism laws in a number of respects a task made more urgent following the recent tragic terrorist bombings in Spain." He said that Australia's counter-terrorism laws "require review and, where necessary, updating if we are to have a legal framework capable of safeguarding all Australians from the scourge of terrorism." The Australian Anti-Terrorism Act 2005 supplemented the powers of the

earlier acts. The Australian legislation allows police to detain suspects for up to two weeks without charge and to electronically track suspects for up to a year. The Australian Anti-Terrorism Act of 2005 included a "shoot-to-kill" clause. In a country with entrenched liberal democratic traditions, the measures are controversial and have been criticized by civil libertarians and Islamic groups. Israel o On December 14, 2006 the Israeli Supreme Court ruled targeted killings were a permitted form of self defense.[6]

[edit] Terrorism and human rights

One of the primary difficulties of implementing effective counter-terrorist measures is the waning of civil liberties and individual privacy that such measures often entail, both for citizens of, and for those detained by states attempting to combat terror. At times, measures designed to tighten security have been seen as abuses of power or even violations of human rights. Examples of these problems can include prolonged, incommunicado detention without judicial review; risk of subjecting to torture during the transfer, return and extradition of people between or within countries; and the adoption of security measures that restrain the rights or freedoms of citizens and breach principles of non-discrimination.[7] Examples include:

In November 2003 Malaysia passed new counter-terrorism laws that were widely criticized by local human rights groups for being vague and overbroad. Critics claim that the laws put the basic rights of free expression, association, and assembly at risk. Malaysia persisted in holding around 100 alleged militants without trial, including five Malaysian students detained for alleged terrorist activity while studying in Karachi, Pakistan.[7] In November 2003 a Canadian-Syrian national, Maher Arar, alleged publicly that he had been tortured in a Syrian prison after being handed over to the Syrian authorities by U.S.[7] In December 2003 Colombia's congress approved legislation that would give the military the power to arrest, tap telephones and carry out searches without warrants or any previous judicial order.[7] Images of unpopular treatment of detainees in US custody in Iraq and other locations have encouraged international scrutiny of US operations in the war on terror.[8] Hundreds of foreign nationals remain in prolonged indefinite detention without charge or trial in Guantnamo Bay, despite international and US constitutional standards some groups believe outlaw such practices.[8] Hundreds of people suspected of connections with the Taliban or al Qa'eda remain in longterm detention in Pakistan or in US-controlled centers in Afghanistan.[8] China has used the "war on terror" to justify its policies in the predominantly Muslim Xinjiang Uighur Autonomous Region to stifle Uighur identity.[8] In Morocco, Saudi Arabia, Tunisia, Yemen and other countries, scores of people have been arrested and arbitrarily detained in connection with suspected terrorist acts or links to opposition armed groups.[8] Until 2005 eleven men remained in high security detention in the UK under the AntiTerrorism, Crime and Security Act 2001.[8]

Many would argue that such violations exacerbate rather than counter the terrorist threat.[7] Human rights advocates argue for the crucial role of human rights protection as an intrinsic part to fight against terrorism.[8] This suggests, as proponents of human security have long argued, that respecting human rights may indeed help us to incur security. Amnesty International included a section on confronting terrorism in the recommendations in the Madrid Agenda arising from the Madrid Summit on Democracy and Terrorism (Madrid 811 March 2005): "Democratic principles and values are essential tools in the fight against terrorism. Any successful strategy for dealing with terrorism requires terrorists to be isolated. Consequently, the preference must be to treat terrorism as criminal acts to be handled through existing systems of law enforcement and with full respect for human rights and the rule of law. We recommend: (1) taking effective measures to make impunity impossible either for acts of terrorism or for the abuse of human rights in counterterrorism measures. (2) the incorporation of human rights laws in all anti-terrorism programmes and policies of national governments as well as international bodies."[8] While international efforts to combat terrorism have focused on the need to enhance cooperation between states, proponents of human rights (as well as human security) have suggested that more effort needs to be given to the effective inclusion of human rights protection as a crucial element in that cooperation. They argue that international human rights obligations do not stop at borders and a failure to respect human rights in one state may undermine its effectiveness in the international effort to cooperate to combat terrorism.[7]

[edit] Preemptive neutralization

Some countries see preemptive attacks as a legitimate strategy. This includes capturing, killing, or disabling suspected terrorists before they can mount an attack. Israel, the United Kingdom, the United States, and Russia have taken this approach, while Western European states generally do not. Another major method of preemptive neutralization is interrogation of known or suspected terrorists to obtain information about specific plots, targets, the identity of other terrorists, whether or not the interrogation subjects himself is guilty of terrorist involvement. Sometimes more extreme methods are used to increase suggestibility, such as sleep deprivation or drugs. Such methods may lead captives to offer false information in an attempt to stop the treatment, or due to the confusion brought on by it. These methods are not tolerated by European powers. In 1978 the European Court of Human Rights ruled in the Ireland v. United Kingdom case that such methods amounted to a practice of inhuman and degrading treatment, and that such practices were in breach of the European Convention on Human Rights Article 3 (art. 3). [edit] Non-military preventive actions The human security paradigm outlines a non-military approach which aims to address the enduring underlying inequalities which fuel terrorist activity. Causal factors need to be

delineated and measures implemented which allow equal access to resources and sustainability for all people. Such activities empower citizens providing 'freedom from fear' and 'freedom from want'. This can take many forms including the provision of clean drinking water, education, vaccination programs, provision of food and shelter and protection from violence, military or otherwise. Successful human security campaigns have been characterized by the participation of a diverse group of actors including governments, NGOs, and citizens. Foreign internal defense programs provide outside expert assistance to a threatened government. FID can involve both non-military and military aspects of counter-terrorism. Another preventative action that has been used is the threat of and use of pork and pork products against radical religious groups that feel that contact with pork will render them unclean. The bodies of killed terrorists are daubed with lard and buried wrapped in pigskin.[9] [edit] Military intervention Terrorism has often been used to justify military intervention in countries like Pakistan and Iran where terrorists are said to be based. That was the main stated justification for the U.S. invasion of Afghanistan. It was also a stated justification for the second Russian invasion of Chechnya. History has shown that military intervention has rarely been successful in stopping or preventing terrorism.[dubious discuss] Although military action can disrupt a terrorist group's operations temporarily, it rarely ends the threat.[10] Thus repression by the military in itself (particularly if it is not accompanied by other measures) usually leads to short term victories, but tend to be unsuccessful in the long run (e.g. the French's doctrine described in Roger Trinquier's book Modern War[11] used in Indochina and Algeria). However, new methods (see the new Counterinsurgency Field Manual[12]) such as those taken in Iraq have yet to be seen as beneficial or ineffectual.

[edit] Mathematical Modeling of the Interaction Between Terrorism and Counter-Terrorism and Its Policy Implications
Mathematical modeling is currently being used to manage security policy. Specifically, scholars and practitioners of security studies are tackling the new challenge of managing terrorism. This technology can only be used if correct predictions are made. Models are being built to test predictions of situations that have never happened before through empirically validated theories. This allows the world to adapt at a quicker rate while being managed successfully. An essay in the September/October 2008 issue of Complexity[13] explains such a modeling system looking at terrorism, counter-terrorism and their effects. The most general policy conclusions drawn from the models are: the counter-terrorism forces

should close off the borders of any terrorist crossings; keep initial terrorist strength small and counter-terrorist effectiveness high; have large initial counter-terrorist forces; avoid any incentives for bandwagoning or growing sympathy for the terrorists. To keep the sympathy factor small, policy should withhold the general public of information regarding the terrorists success or activities. The activities of terrorists and counter-terrorists take place within the general public from which members are recruited. As terrorist and counterterrorist activity increases, so will the need for recruitment. The models created have not yet discovered the implications of recruitment and therefore are only useful for situations in which terrorism and counter-terrorism is kept small.

[edit] Planning for response to terrorism

Police, fire, and emergency medical response organizations have obvious roles. Local firefighters and emergency medical personnel (often called "first responders") have plans for mitigating the effects of terrorist attacks, although police may deal with threats of such attacks.

[edit] Target-hardening
Whatever the target of terrorists, there are multiple ways of hardening the targets to prevent the terrorists from hitting their mark, or reducing the damage of attacks. One method is to place Jersey barrier or other sturdy obstacles outside tall or politically sensitive buildings to prevent car and truck bombing. Aircraft cockpits are kept locked during flights, and have reinforced doors, which only the pilots in the cabin are capable of opening. English train stations removed their garbage cans in response to the Provisional IRA threat, as convenient locations for depositing bombs. Scottish stations removed theirs after the 7th of July bombing of London as a precautionary measure. The Massachusetts Bay Transportation Authority purchased bomb-resistant barriers after the September 11 terrorist attacks. A more sophisticated target-hardening approach must consider industrial and other critical industrial infrastructure that could be attacked. Terrorists need not import chemical weapons if they can cause a major industrial accident such as the Bhopal disaster or the Halifax explosion. Industrial chemicals in manufacturing, shipping, and storage need greater protection, and some efforts are in progress.[14] To put this risk into perspective, the first major lethal chemical attack in WWI used 160 tons of chlorine. Industrial shipments of chlorine, widely used in water purification and the chemical industry, travel in 90 or 55 ton tank cars. To give one more example, the North American electrical grid has already demonstrated, in the Northeast Blackout of 2003, its vulnerability to natural disasters coupled with inadequate, possibly insecure, SCADA (supervisory control and data acquisition) networks. Part of the vulnerability is due to deregulation leading to much more interconnection in a grid designed for only occasional power-selling between utilities. A very few terrorists, attacking key

power facilities when one or more engineers have infiltrated the power control centers, could wreak havoc. Equipping likely targets with containers (i.e., bags) of pig lard has been utilized to discourage attacks by Islamist suicide bombers. The technique was apparently used on a limited scale by British authorities in the 1940s.[15] The approach stems from the idea that Muslims perpetrating the attack would not want to be "soiled" by the lard in the moment prior to dying. The idea has been suggested more recently as a deterrent to suicide bombings in Israel.[16] However, the actual effectiveness of this tactic is probably limited as it is possible that a sympathetic Islamic scholar could issue a fatwa proclaiming that a suicide bomber would not be polluted by the swine products.

[edit] Command and control

In North America and other continents, for a threatened or completed terrorist attack, the Incident Command System (ICS) is apt to be invoked to control the various services that may need to be involved in the response. ICS has varied levels of escalation, such as might be needed for multiple incidents in a given area (e.g., the 2005 bombings in London or the 2004 Madrid train bombings, or all the way to a National Response Plan invocation if national-level resources are needed. National response, for example, might be needed for a nuclear, biological, radiological, or large chemical attack.

[edit] Damage mitigation

Fire departments, perhaps supplemented by public works agencies, utility providers (e.g., gas, water, electricity), and heavy construction contractors, are most apt to deal with the physical consequences of an attack.

[edit] Local security

Again under an incident command model, local police can isolate the incident area, reducing confusion, and specialized police units can conduct tactical operations against terrorists, often using specialized counter-terrorist tactical units. Bringing in such units will normally involve civil or military authority beyond the local level.

[edit] Medical services

Emergency medical services will bring the more seriously affected victims to hospitals, which will need to have mass casualty and triage plans in place. Public health agencies, from local to national level, may be designated to deal with identification, and sometimes mitigation, of possible biological attacks, and sometimes chemical or radiologic contamination.

[edit] Counter-terrorism tactical units

Royal Malaysian Police Pasukan Gerakan Khas officers Today, many countries have special units designated to handle terrorist threats. Besides various security agencies, there are elite tactical units, also known as special mission units, whose role is to directly engage terrorists and prevent terrorist attacks. Such units perform both in preventive actions, hostage rescue and responding to on-going attacks. Countries of all sizes can have highly trained counter-terrorist teams. Tactics, techniques and procedures for manhunting are under constant development. Most of these measures deal with terrorist attacks that affect an area, or threaten to do so. It is far harder to deal with assassination, or even reprisals on individuals, due to the short (if any) warning time and the quick exfiltration of the assassins.[17] These units are specially trained in tactics and are very well equipped for CQB with emphasis on stealth and performing the mission with minimal casualties. The units include take-over force (assault teams), snipers, EOD experts, dog handlers and intelligence officers. See Counter-intelligence and counter-terrorism organizations for national command, intelligence, and incident mitigation. The majority of counter-terrorism operations at the tactical level, are conducted by state, federal and national law enforcement agencies or intelligence agencies. In some countries, the military may be called in as a last resort. Obviously, for countries whose military are legally permitted to conduct police operations, this is a non-issue, and such counter-terrorism operations are conducted by their military. See Counter-intelligence for command, intelligence and warning, and incident mitigation aspects of counter-terror.

[edit] Examples of actions

Some counterterrorist actions of the 20th century are listed below. See List of hostage crises for a more extended list, including hostage-taking that did not end violently.
Representative Hostage Rescue Operations

Incident

Main locale

CounterHostage Kidnappers/hijacker terrorist nationality s force Israeli Mossad, German police

Results All hostages murdered, 5 kidnappers killed. 3 kidnappers captured and released. All hostages rescued, all kidnappers flew up to Libya.

197 Munich 2 Massacre

Munich Olympics, Germany

Israeli

Black September

AIA 197 Hostage 5 Incident

AIA building, US, Swedish Kuala Embassies. Japanese Red Army Lumpur, Mixed Malaysia Mixed. Israelis and Jews separated into a different room, non- PFLP Jewish hostages were released shortly after capture.

Malaysian police

197 Entebbe 6 raid

Entebbe, Uganda

All 6 hijackers, 45 Sayeret Ugandan Matkal, troops, 3 Sayeret hostages and Tzanhanim, 1 Israeli Sayeret soldier dead. Golani 100 hostages rescued

Hijacking 197 of 7 Lufthansa Flight 181

Spanish airspace and Mixed Mogadishu, Somalia

PFLP

Iranian 198 Embassy 0 Siege

Democratic Mostly Revolutionary London, UK Iranian but Movement for the some British Liberation of Arabistan

Hijacking 198 of "Woyla" 1 Garuda Indonesia

Don Muang International Indonesian Airport, Thailand

Jihad Commandos

1 hostage, 3 hijackers dead, 1 captured. 90 hostages rescued. 1 hostage, 5 kidnappers dead, 1 captured. 24 Special Air hostages Service rescued. 1 SAS operative received minor burns. Kopassus, 1 hijacker RTAF killed himself, mixed 4 hijackers forces and 1 GSG 9, Special Air Service consultants

Turkish 198 embassy 3 attack

Lisbon, Portugal

Capture of International 198 Achille airspace and 5 Lauro Italy hijackers Operation 199 Amritsar,Indi Ashwamed 3 a h Japanese 199 embassy 6 hostage crisis

Lima, Peru

200 Sauk Arms Perak, 0 Heist Malaysia

Moscow 200 theater 2 hostage crisis

Moscow

Beslan 200 school 4 hostage crisis

Beslan, North OssetiaAlania, (an autonomous republic in the North

Kopassus operative dead, 1 pilot wounded, all hostages rescued. 5 hijackers, 1 hostage and 1 policeman Armenian Turkish GOE dead, 1 Revolutionary Army hostage and 1 policeman wounded. 1 dead in US military, hijacking, 4 Mixed PLO turned over hijackers to Italy convicted in Italy 1 hijacker Islamic 141 NSG killed,all terrorist(Mohammed passengers commandos hostages Yousuf Shah) rescued Peruvian 1 hostage, 2 Japanese and Tpac Amaru military & rescuers, all guests Revolutionary police 14 kidnappers (800+) Movement mixed dead. forces Grup Gerak 2 hostages Khas and 20 dead, 2 2 police rescuers, 1 policemens, Al-Ma'unah Pasukan kidnapper 1 army and 1 Gerakan dead and all civilian Khas mixed 28 kidnappers forces captured. 129-204 hostages Mixed, dead, all 39 mostly Russian Chechen kidnappers Russian spetsnaz dead. 600-700 (900+) hostages freed. 334 hostages dead and Mixed hundreds Russian Chechen Russian wounded. 1021 rescuers dead. 31

Caucasus region of the Russian Federation).

kidnappers killed, 1 captured. 61 militants killed, 50 militants captured, 23 students killed, 11 Pakistani SSG killed,1 Army and Ranger Rangers killed,33 SSG SSG wounded,8 commandos soldiers wounded,3 Rangers wounded, 14 civilians killed

200 Lal Masjid Islamabad, 7 siege Pakistan

Pakistani students

Lal Masjid students and militants

Kirkuk 200 Hostage 7 Rescue

Turkman Child Rescued by PUK's Kurdistan Regional Kirkuk, Iraqi- Government' Islamic State of Iraq Kurdistan s CTG Al Qaeda Counter Terrorism Group in Kirkuk from Arab kidnappers Colombia Mixed Revolutionary Armed Forces of Colombia

5 kidnappers arrested, 1 hostage rescued

200 Operation 8 Jaque

200 Operations Gulf of Aden, Mixed 8 Dawn Somalia

15 hostages released. 2 kidnappers captured Negotiation finished. 80 PASKAL hostages and released. Somalian piracy and international RMN militants mixed including forces PASKAL navy commandos

with international mixed forces patrolling the Gulf of Aden during this festive period.[18][19][2
0]

2008 200 Mumbai 8 attacks

Indian Multiple Nationals, locations in Foreign Mumbai city tourists

2009 200 Lahore 9 Attacks

Multiple locations in Lahore city

Pakistan

141 Indian civilians, 30 foreigners, 15 300 NSG policemen commandos, and two NSG Ajmal Qasab and 36-100 commandos other Pakistani Marine were killed. nationals affiliated to commandos Laskar-e-taiba and 400 9 attackers army Para killed,1 Commandos attacker captured and 293 injured fired upon by 12 gunmen, near the Gaddafi Stadium in Lahore, Pakistan.[1] The cricketers were on their way to play Police the third day Commandos of the second Laskar-e-taiba or , Army Test against LTTE Rangers the Pakistani Battalion cricket team. Six members of the Sri Lankan cricket team were injured. Six Pakistani policemen and two civilians killed.

30 March 2009, the Manawan Police Academy in Lahore, Pakistan attacked by an estimated 12 gunmen. The perpetrators were armed with automatic weapons and grenades or rockets and some were dressed as policemen. During the course of the attack and siege eight police personnel, two civilians and eight gunmen killed and 95 people injured.[1] At least four of the gunmen captured alive by the security forces. The terrorist attacks took place at the offices of Rescue-15 and the (ISI) as well as the official residences of police officers

at the Plaza Cinema Chowk at around 10:10am. At least three terrorists, Toyota Hiace van laden with high quality explosives. The toll of the explosion was heavy. No less than 70 vehicles and motorcycles and dozens of adjacent and nearby buildings, mostly used for shops and offices, were damaged. Among the dead were 16 policemen, an army officer and many civilians including a 12-year-old boy. More than 251 others were injured.

[edit] Designing Anti-terrorism systems

The scope for Anti-terrorism systems is very large in physical terms (long borders, vast areas, high traffic volumes in busy cities, etc.) as well as in other dimensions, such as type and degree of terrorism threat, political and diplomatic ramifications, and legal issues. In this environment, the development of a persistent Anti-terrorism protection system is a daunting task. Such a system should bring together diverse state-of-the-art technologies to enable persistent intelligence, surveillance and reconnaissance missions, and enable potential actions. Designing such a system-of-systems comprises a major technological project.

A particular design problem for this system is that it will face many uncertainties in the future. The threat of terrorism may increase, decrease or remain the same, the type of terrorism and location are difficult to predict, and there are technological uncertainties. Yet we want to design a terrorism system conceived and designed today in order to prevent acts of terrorism for a decade or more. A potential solution is to incorporate flexibility into system design for the reason that the flexibility embedded can be exercised in future as uncertainty unfolds and updated information arrives. And the design and valuation of a protection system should not be based on a single scenario, but an array of scenarios. Flexibility can be incorporated in the design of the terrorism system in the form of options that can be exercised in the future when new information is available. Using these real options will create a flexible Anti-terrorism system that is able to cope with new requirements that may arise.[21]

[edit] Law enforcement counter-terrorist organizations by country