Terrorism is a complex phenomenon with many dimensions which vary in intensity
and scope across time periods and have varying degrees of impact and significance
in different regions of the world. Counter-terrorism approaches, in consequence,
are likewise multifaceted in kind to offer appropriate responses to the
threat and reality of terrorism on a local, national, and international
level. Although political objectives lie at the heart of most terrorist
violence, enactment of counter-terrorism strategies not only occurs at
the government levels of nation states and their international unions,
but also extends to many other institutions and organizations.
International Law and
Politics
Historically, counter-terrorism
strategies have at least two important precursors. First, in the middle
of the 19th century, autocratic political regimes in Europe responded to
political dissent of a more or less violent nature by organizing national
and international police and surveillance practices. Among these efforts
were police activities involving covert surveillance practices as well
as cooperation activities, on a bilateral and multilateral scale, to exchange
information on wanted political opponents of established autocratic regimes.
Police institutions conducted these activities and, in the course of their
activities, gradually gained professional expertise and autonomy to focus
attention towards more distinctly criminal rather than political enforcement
objectives. Second, developments in the area of international law occurred
to outlaw and institute appropriate practices against politically motivated
violent activities. Most distinctly, in the late 19th and early 20th century,
governments signed treaties that led to organized international efforts
against anarchist movements. Similarly, the first international treaty
specifically dealing with terrorism was in 1937, when the League of Nations
drafted a convention on the ‘Prevention and Punishment of Terrorism’. However,
only one country, India, ratified the agreement, testifying to the ideological
difficulties within and across nations to enact measures and foster collaboration
on a matter as politically volatile as terrorism.
During the remaining decades
of the 20th century, government policies and legislative actions against
terrorism evolved slowly and in piecemeal fashion, typically focusing only
on specific violent and criminal activities often associated with terrorism,
such as hijackings and bombings, rather than on terrorism as such. For
instance, the United Nations adopted a convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons in 1973
and on the Taking of Hostages in 1979. Similar international treaties against
terrorism were adopted by other international governing bodies, such as
the Council of Europe and the Organization of American States, as well
as at the bilateral level between nation-states. International treaties,
however, could not lessen terrorism as an often contentious issue in the
global field of international relations.
In the United States, legal
and policy efforts against terrorism developed even slower than in the
international arena, primarily because of a prevailing view that terrorism
was a foreign problem. During the Reagan administration emerged the
Act to Combat International Terrorism (1984) and an Omnibus Anti-Terrorism
Act (1986). Yet, it was not until certain high-profile terrorist incidents,
such as the bombing of the World Trade Center in 1993 and the Oklahoma
City bombing of 1995, that the Clinton administration stepped up legislative
efforts against terrorism, leading to the Antiterrorism and Effective Death
Penalty Act of 1996.
The Centrality of September
11
Despite the gradual increase
in legislative and political responses to terrorism during the late 20th
century, the enormous impact of the terrorist attacks of September 11,
2001 on counter-terrorism approaches was unpredictable as counter-terrorism
efforts expanded considerably both on the national and international levels.
The United States took the lead in passing the USA PATRIOT Act, allowing
the detention and trial of terrorist suspects in military tribunals, and
creating a new department, the Department of Homeland Security, specifically
designed to respond to the terrorist threat. Furthermore, counter-terrorism
measures expanded to the military field when the United States and selected
NATO nations undertook military operations in October 2001 against the
Taliban government in Afghanistan, which was offering support to al-Qaeda
members.
The military invasion in
Iraq in March 2003 was politically incorporated in the so-called war on
terror, thereby giving that expression more than mere metaphorical meaning.
Although revelations about the decision to invade Iraq showed it less clearly
related to the terrorist threat, ongoing conditions in Iraq as well as
the internationally contentious struggles over the war’s relationship with
terrorism have influenced the debate over the proper response to terrorism.
Most remarkable is that many nations across the world and a variety of
international governing bodies instituted new legislative and political
policies similar to those implemented in the United States. For instance,
new anti-terrorist laws expanding policing powers against terrorist suspects
passed in many nations also considered under the threat of international
terrorist groups. International governing bodies, such as the United Nations
and the European Union, similarly adopted new measures to ensure international
cooperation against terrorism. What these developments show is a trend
towards the treatment of terrorism as an issue of national and global security.
Dimensions of Counter-Terrorism
In spite of the growing significance
in counter-terrorism of matters related to security, warfare, and military
might, counter-terrorist activities are comprised of a multitude of political,
legal, military, economic, and cultural efforts, which are not always in
complete harmony with one another. Most conspicuous at the level of formal
state institutions are the extended counter-terrorist powers granted to
law enforcement institutions. Strikingly, police organizations conceive
of terrorism as a distinctly criminal enforcement problem requiring response
with technically sophisticated means of policing. Police counter-terrorism
responses, both within nations and at the international level, thus demonstrate
the relative autonomy of police to determine the proper means and to specify
the objectives of their counter-terrorism activities.
The reorganization of police
power under conditions of an intensified concern with terrorism may lead
to structural adjustments that will have effects long after the more immediate
repercussions of the terrorist threat have faded. Moreover, police institutions
might pay relatively less attention to other enforcement tasks and thus
exacerbate criminal conditions unrelated to terrorism. Furthermore, because
police organizations are not alone in conducting counter-terrorism activities,
they increasingly confront the counter-terrorism operations of other state
institutions, such as rival police organizations (e.g., the Federal Bureau
of Investigation in the Department of Justice, and Immigration and Customs
Enforcement in the Department of Homeland Security), intelligence organizations,
and military institutions. For example, police and intelligence efforts
in counter-terrorism do not always neatly harmonize, as policing activities
focus on suspects in criminal cases, while intelligence work involves the
routinized collection of information irrespective of a criminal incident.
The new realignments of police, intelligence, and military brought about
by the intensified focus on terrorism pose important problems of jurisdictional
authority, the appropriate methods and means of inter-agency cooperation,
and the relationship between civilian police and military power from a
functional and organizational point of view.
Besides inter-agency cooperation
within nations, moreover, the international nature of the current terrorist
threat also places a premium on international counter-terrorism cooperation.
The centrality of international cooperation applies to various levels of
counter-terrorism, including treaties of international law, diplomatic
efforts, police cooperation among nations and participation in international
police organizations such as Interpol and Europol, coalitions in military
operations, and the imposition of economic sanctions against nations that
harbor or support terrorist groups. Interestingly, growing international
cooperation in matters of terrorism has not yet fostered a truly global
climate of counter-terrorism inasmuch as national interests, concerned
with the more locally confined implications of terrorism, remain paramount.
Again showing the multifarious
nature of counter-terrorism, international counter-terrorism activities
also include attempts to build public support against terrorist groups
and practices and, relatedly, to foster the spread of democratic values
across the globe. Presumably not unimportant in this respect are also the
efforts taken in the academic research community to study the mechanisms,
causes, and effects of terrorism and counter-terrorism as well as the activities
undertaken by civic groups to ensure a climate to obtain a sufficient degree
of effectiveness in counter-terrorism strategies without sacrificing civil
liberties and human rights.
See also
PATRIOT Act; Terrorism;
Terrorism, Domestic Spying; Surveillance
Further Readings
-
Deflem, Mathieu, ed. 2004. Terrorism
and Counter-Terrorism: Criminological Perspectives. Amsterdam: Elsevier.
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Deflem, Mathieu. 2004. “Social
Control and the Policing of Terrorism: Foundations for a Sociology of Counter-Terrorism.”
The American Sociologist 35(2):75-92.
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Deflem, Mathieu. 2006. “Global
Rule of Law or Global Rule of Law Enforcement? International Police Cooperation
and Counter-Terrorism.” The Annals 603:240-251.
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Heymann, Philip B. 2003. Terrorism,
Freedom, and Security: Winning Without War. Cambridge, MA: The MIT Press.
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Pious, Richard M. 2006. The
War on Terrorism and the Rule of Law. Los Angeles, CA: Roxbury.