Literatura científica selecionada sobre o tema "Counterterrorism Section"

Mr. DiRosa obtained a Master’s in Public Administration (MPA), with a focus on managing federal agencies, from The George Washington University in 2002. While at GWU, Andy served as editor of Policy Perspectives, and was awarded the Leadership Award and was inducted into the Pi Alpha Alpha public administration honor society. Andy obtained a BA from Old Dominion University (Norfolk, VA) in English and Political Science in 1987. While at ODU he was elected to two terms on the student senate.Presently, Andy is the assistant section chief of the Executive Intelligence Section in the FBI’s Directorate of Intelligence at FBI Headquarters. In this capacity he helps oversee daily operation of 24-hour units that prepare the daily intelligence briefing materials for the FBI Director, US Attorney General, and other senior executives. Andy has also worked in the FBI’s Counterterrorism Division, as an intelligence analyst and supervisor, and in the FBI’s training division and office of public affairs, as managing editor of the FBI Law Enforcement Bulletin, a widely read criminal justice journal. He authored book reviews and journal articles, including features on street gangs and the impact of the Second World War on US law enforcement. While in the Counterterrorism Division Andy served in an international intelligence cell at NATO headquarters in Brussels. Mr. DiRosa has also represented the FBI at bilateral intelligence exchanges with Canada and the United Kingdom. (Views expressed are those of Mr. DiRosa and do not necessarily reflect the views of the FBI.)

This article offers a theoretical and ethnographic analysis of what I am calling ‘security urbanism’, examining the spatial practices of the Kenyan security state and the urban impacts of the War on Terror in Nairobi. From counterterror policing to forced disappearances, demolitions, military operations and the proliferation of checkpoints and security searches, the War on Terror has left its indelible material and affective impacts in Kenya. Counterterrorist policing operations such Operation Usalama Watch have left many marginalized Nairobi residents fearful and traumatized. Meanwhile, in rich suburbs, the twin specters of terrorism and crime fuse in the imaginations and gated compounds of the affluent. This article analyzes the urban, state and spatial transformations produced by the War on Terror across several geographical scales (from the highly local to the neighborhood and the national). In a first section, I focus on the ‘state spatial strategies’ of counterterrorism and analyze the emergence of a ‘counterterror state’ in Kenya. In a second section, I draw on several ethnographic vignettes to demonstrate how urban residents internalize and perform fears, fantasies and politics thoroughly saturated by the imaginaries of the War on Terror. Ultimately, I argue that Nairobi's security urbanism is the material articulation of War on Terror at the scale of the city, produced through the confluence of state strategies and everyday practices of securitized urban subjects. But how stable is the new hegemony of security in the country?

Recent developments in artificial intelligence (AI) have increased interest in combining AI with human intelligence to develop superior systems that augment human and artificial intelligence. In this paper, augmented intelligence informally means computers and humans working together, by design, to enhance one another, such that the intelligence of the resulting system improves. Intelligence augmentation (IA) can pool the joint intelligence of humans and computers to transform individual work, organizations, and society. Notably, applications of IA are beginning to emerge in several domains, such as cybersecurity, privacy, counterterrorism, and healthcare, among others. We provide a brief summary of papers in this special section that represent early attempts to address some of the rapidly emerging research issues. We also present a framework to guide research on IA and advocate for the important implications of IA for the future of work, organizations, and society. We conclude by outlining promising research directions based on this framework for the information systems and related disciplines.

AbstractThis article challenges the idea, both in domestic and international law, of defining terrorism. Using section 1 of the UK's Terrorism Act 2000 as an illustrative example, this article argues that a single definition of terrorism is invariably broad owing to the need to accommodate the lowest common denominator. This is damaging to the ‘principle of legality’ as recognized in British public law and the ECHR. Moreover, this problem is further exacerbated by the increasing application of counterterrorism legislation to non-international armed conflicts. This article therefore suggests an alternative solution: multiple definitions of terrorism whose breadth is dependent upon the specific circumstances for which they are designed. Fears that such an approach may amount to an ‘expression of inconsistency’ will be addressed by arguing that law's capacity to shape and frame public and political debate on the concept of terrorism is over-exaggerated. Legal definitions of terrorism therefore should remain primarily concerned with the legal rather than political function of defining terrorism.

AbstractArticle 5 of the Council of Europe Convention on the Prevention of Terrorism requires member states to criminalise ‘public provocation to commit a terrorist offence’. In the U.K., the realisation of this obligation is found in the ‘Encouragement of terrorism’ offence contained in section 1 of the Terrorism Act 2006. As well as fulfilling the U.K.’s treaty obligation, this offence was intended to stop the spread of violent extremist ideology. Although the compatibility of this offence with the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights has been queried, both the domestic courts and the European Court of Human Rights have held that it complies with Article 10’s demands. So, instead of taking Article 10 as its starting point, this article draws instead on work from the field of linguistics: namely, speech act theory (SAT). By using insights from SAT, and by examining some of the linguistic strategies that may be used to encourage acts of terrorism, the article seeks to advance the legal understanding of the concept of encouragement. In particular, the article draws out two features of encouragement that have important implications for the appropriate boundaries of the encouragement of terrorism offence -encouragement is intentional and it is performative - and argues that, as currently drafted, the offence does not reflect the nature of encouragement as an intentional activity. The article concludes by drawing out from its analysis a series of proposed amendments that together address the rights-based concerns about the offence whilst maintaining its effectiveness as a counterterrorism tool.

Terrorist activity in the Sahel region has been on the increase for almost a decade. Groups advocating extremist ideologies with a political or religious base are carrying out attacks against states with the aim of imposing a totalitarian ideology, sometimes against a backdrop of political crisis and famine. In this state of crisis and sometimes communal conflict, it is questionable whether ideological terrorism can really be eradicated in the Sahel. In this study, we develop a model of the dynamics of ideological terrorism based on the terrorism situation in the Sahel. In particular, this model incorporates popular resistance to terrorism through the class of volunteers for the defense of the homeland, but we also take into account the indoctrination of certain sections of the population vulnerable to fanatical ideology. We estimate $\mathcal{R}_0$ , the number of elementary replications of extremist behavior, which enables us to predict the evolution of extremism. We also identify four thresholds $\mathcal{R}_1$, $\mathcal{R}_2$, $\mathcal{R}_3$ and $\mathcal{R}_4$ of sufficient conditions for the eradication of ideological terrorism and brigandage. A multi-objective optimal control of a counter-terrorism strategy is also presented. Finally, we perform a numerical simulation of the analysis and control results to test our hypotheses.

Введение. Отражены предварительные итоги реализации курса по управлению антитеррором для студентов-радиотехников кафедры телевидения и управления Томского государственного университета систем управления и радиоэлектроники, обучающихся по магистерским программам, связанным с электромагнитной совместимостью. Включение данной дисциплины в учебный план обусловлено не только уязвимостью электронных систем к преднамеренным силовым электромагнитным воздействиям, но необходимостью повышения интереса к обучению в магистратуре, повышению качества образования и следованию трендам современного образования. Цель – рассмотреть внедрение междисциплинарных курсов в образовательный процесс как фактор, влияющий на качество образования. Материал и методы. Обосновывается ввод междисциплинарного курса по управлению антитеррором, кратко описаны разделы курса и их значимость в программе подготовки магистрантов по электромагнитной совместимости. Результаты и обсуждение. Подготовлен курс для магистрантов, посвященный изучению математических методов управления антитеррором, в рамках реализации магистерских программ, связанных с электромагнитной совместимостью. Заключение. Знания, полученные магистрантами в рамках данного курса в сочетании со знаниями в вопросах надежности электро- и радиотехнических систем, увеличивают возможности противостояния терроризму. Формирование дополнительных знаний, умений и навыков в рамках реализации образовательных программ магистратуры позволяет повышать качество подготовки студентов и их конкурентоспособность на рынке. Introduction. This work summarizes the preliminary results of the implementation of the course on anti-terror management for students-radio technicians of the Department of Television and Control of the Tomsk State University of Control Systems and Radioelectronics, studying under the master’s programs related to electromagnetic compatibility. The inclusion of this discipline in the curriculum is due not only to the vulnerability of electronic systems to deliberate force electromagnetic influences, but the need to increase interest in studying for a master’s degree, improving the quality of education and following the trends of modern education. The purpose of the work is to consider the introduction of interdisciplinary courses in the educational process as a factor affecting the quality of education. Material and methods. The work contains the rationale for the introduction of an interdisciplinary course on counterterrorism management, a brief description of the sections of the course and their significance in the training program for undergraduates in electromagnetic compatibility. Results and discussion. The result of the work is a prepared course for undergraduates, related to the study of mathematical methods of anti-terror control, as part of the implementation of master’s programs related to electromagnetic compatibility. Conclusion. The knowledge gained by undergraduates in this course, related to understanding the nature of terrorism and the skills acquired in creating appropriate models, combined with knowledge in the reliability of electrical and radio engineering systems, increase the capabilities of countering terrorism. The formation of additional knowledge, skills and abilities within the framework of the implementation of master’s degree programs allows to improve the quality of training of students and their competitiveness in the market.

Resumen: El presente artículo se encuentra dividido en cinco apartados que permiten que su lectura y comprensión sea mucho más amigable. Es interesante y entender que el tema del terrorismo es un tema de naturaleza dinámica y cambiante, en el artículo se estudiara los diferentes tipos de terrorismo que existe y el impacto que ha tenido en el establecimiento de los estados de seguridad pública, así como la afectación a los derechos humanos de las personas y los regímenes jurídicos en los cuales se tipifica esta figura. Abstract: This article is divides into five sections that allow its reading and understanding to be much more user-friendly. It is interesting to understand that the issue of terrorism is a dynamic and changing issue, the article will study the different types of terrorism that exist and the impact it has had on the establishment of states of publica security as well as the impact to the human rights of persons and the legal regimes in which this figure is typified. 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Abstract The international legal regimes for refugees and for statelessness have much in common. Both aim at mitigating an absence of State protection of individual rights, while the treaties central to each are related in substance, structure and seek to balance similar concerns. Another similarity is more recent: both face challenges amidst new concerns and new law in the area of counterterrorism. The last two decades have seen a sharp increase in international rules on counterterrorism, the impact of which can also be seen in immigration law and administrative powers. That impact is conditioned by how ‘terrorism’ itself is defined, and Section 2 of this article will highlight some consequences of domestic approaches and why the capacity of international law to impose limits on domestic definitions is often overstated. Section 3 will consider the interaction between counterterrorism law and refugee law, arguing that current difficulties arise not from the substance of the rules but from practical, resource-based challenges. Section 4 will consider legal and practical questions raised by recent practice in withdrawing nationality due to suspected involvement in terrorism, a measure applied to both dual nationals and to those at risk of statelessness. This article will argue that the new threats and responses thereto do pose important practical challenges requiring further attention and resources. But that does not mean that new substantive law is required: the ‘old rules’ adequately balance security concerns with the protection of individual rights, and are more than adequate to meet contemporary challenges.

AbstractThe Review has chosen to open this edition with an interview with General Abdoulaye Kaka as a representative of State practice in counterterrorism detention. The journal chose to focus on Niger as a State that is affected by an ongoing armed conflict and which arrests, detains and tries suspected members of a non-State armed group under its domestic legal system.General Abdoulaye Kaka has been working as Head of Niger's Central Counterterrorism Agency (Service Central de Lutte Contre le Terrorisme) since 2014. He previously worked for the judicial police in Niger as head of the anti-gang section before opening the first office of the judicial police in Zinder. General Kaka worked for the United Nations (UN) police forces in Ivory Coast between 2006 and 2012, when he became the Commander-in-Chief of the Niger UN police forces.In his current role as Head of the Central Counterterrorism Agency, General Kaka oversees detention operations throughout the country, many of which involve suspected members of the group that calls itself Islamic State's West Africa Province (ISWAP), also known as Jama'atu Ahlis Sunna Lidda'awati wal-Jihad or, as it is most widely known under its former name, Boko Haram.Niger has suffered the effects of the ongoing conflict between ISWAP and State forces in the Lake Chad region, resulting in casualties, arrests and repeated displacement among civilians. The government of Niger contributes troops to the Multinational Joint Task Force, which conducts operations against the group. At the same time, the government arrests and detains suspected members of ISWAP as part of its counterterrorism efforts. These detention operations are coordinated by the Central Counterterrorism Agency. Established in 2011, the Central Counterterrorism Agency, successor to the counterterrorism section of the judicial police, is made up of representatives from the three primary law enforcement organizations in the country – the national police, the national guard and the gendarmerie – and is principally responsible for counterterrorism investigations in Niger.In Niger, the International Committee of the Red Cross (ICRC) helps people affected by conflict in the south-east or fleeing fighting in north-east Nigeria. With the Niger Red Cross, the ICRC delivers aid, treats the wounded, provides water and supports farmers. The ICRC also monitors compliance with international humanitarian law, visits detainees and helps them to maintain contact with their families.The ICRC visits people held by the authorities in at least five places of detention in Niger. After the visits, the ICRC shares its findings on the treatment and living conditions of the detainees confidentially with the authorities and urges them to take steps to address concerns. The ICRC also helps bolster prison management capacities and health services for detainees through technical and material support, and round-table discussions on these topics. The ICRC helps detainees, particularly minors, maintain contact with their families. At the request of foreign detainees, the ICRC informs their families or consular representatives of their detention. Lastly, the ICRC covers transportation costs for security detainees returning home after their release.

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This thesis discusses the building of a sustainable business process wherein the private sector is integrated into the homeland security apparatus. As the threat our nation and her allies face continues to evolve, so must our responses. Integrating the private sector into the homeland security enterprise is long overdue. It is conceivable the next threat will be uncovered by a shopping mall guard or hotel housecleaning staff which is in stark contradiction to the past when the intelligence community identified a foreign-based cell or undesirable traveler to the States ready to launch an attack. The private sector brings with it a plethora of talents and resources. Because it has not traditionally been seen as a partner the private sector has been relegated to the sidelines. This is no longer acceptable. The FBI, in partnership with the DHS, is spearheading an innovative project designed to complete the circle of 360 degrees of protection. Project Touchstone is an extremely successful example of a highly selective, small group of trusted decision makers within the private sector, primarily the security apparatus, meeting with the FBI and DHS wherein timely, actionable intelligence information is shared so soft targets can be protected and fortified.

This chapter examines international terrorism, defined as the use or threatened use of violence by a nonstate actor to arouse fear in a population with the goal of achieving a political or social outcome. The chapter begins by providing an overview of the changing role of international terrorism in U.S. national security policy, and then presents various scholarly approaches applied to understanding the causes of terrorism. The next section discusses counterterrorism strategies, focusing on the relative effectiveness of repressive versus conciliatory instruments and targeted versus indiscriminate approaches to countering terror. The chapter ends with a summary of lessons learned and recommendations for those involved in shaping U.S. counterterrorism policy.

The Oxford Handbook of National Security Intelligence is about intelligence and national security. The text examines the topic in full, beginning with an examination of the major theories of intelligence. It then shifts its focus to how intelligence agencies operate, how they collect information from around the world, the problems that come with transforming “raw” information into credible analysis, and the difficulties in disseminating intelligence to policymakers. It also considers the balance between secrecy and public accountability, and the ethical dilemmas that covert and counterintelligence operations routinely present to intelligence agencies. Throughout, contributors factor in broader historical and political contexts that are integral to understanding how intelligence agencies function in our information-dominated age. The book is organized into the following sections: theories and methods of intelligence studies; historical background; the collection and processing of intelligence; the analysis and production of intelligence; the challenges of intelligence dissemination; counterintelligence and counterterrorism; covert action; intelligence and accountability; strategic intelligence in other nations.

Last January, the General Secretariat of the Council of the European Union produced an estimate that, by the year 2035, the drones' sector will create up to 100,000 new jobs and, in addition, will have an economic impact of more than ten billion euros per year. This chapter takes its cue precisely from the central importance of unmanned aerial vehicles, commonly known as drones, and tries to sum up their future. Indeed, despite the enormous success of drones over the decades, many are the criticisms related to unmanned aircraft on board. The first section aims at outlining an historical framework, while the second section analyses the impressive role played by drones within the counterterrorism policy of the US presidency, with particular regard to Barack Obama's mandate. The third section applies a SWOT type analysis to UAVs, taking into account both their advantages and disadvantages. Finally, the fourth section investigates the human factor problem within UAVs, which was inspired by Dr. Giovanni Miranda's PhD thesis.

This article offers a theoretical and ethnographic analysis of 'security urbanism', examining the spatial practices of the Kenyan security state and the urban impacts of the War on Terror in Nairobi. From counterterror policing to forced disappearances, demolitions, military operations and the proliferation of checkpoints and security searches, the War on Terror has left its indelible material and affective impacts in Kenya. Counterterrorist policing operations such Operation Usalama Watch have left many marginalized Nairobi residents fearful and traumatized. Meanwhile, in rich suburbs, the twin specters of terrorism and crime fuse in the imaginations and gated compounds of the affluent. I analyze the urban, state and spatial transformations produced by the War on Terror across several geographical scales (from the highly local to the neighborhood and the national). In a first section, I focus on the 'state spatial strategies' of counterterrorism and analyze the emergence of a 'counterterror state' in Kenya. In a second section, I draw on several ethnographic vignettes to demonstrate how urban residents internalize and perform fears, fantasies and politics thoroughly saturated by the imaginaries of the War on Terror. Ultimately, I argue that Nairobi's security urbanism is the material articulation of War on Terror at the scale of the city, produced through the confluence of state strategies and everyday practices of securitized urban subjects. But how stable is the new hegemony of security in the country?

In this final chapter, the counterterrorism approach taken thus far by the Trump administration will first be examined through an analysis of the key strategies and statements articulated by him, his administration, and how this has unfolded thus far in practice on the ground. The second section will provide an update on the situations in Afghanistan, Iraq, Syria and Yemen since the beginning of 2017, outlining key areas of concern going forward and drawing off insights gleaned from the Bush and Obama administrations to assess the significance of these for women today. This chapter will inherently consider what these changes mean for how women are assessed as agents, partners and targets of full-spectrum counterterrorism going forward. As will be demonstrated, there are a number of growing concerns related to how women are considered and engaged in this space, yet their active participation and consideration are now perhaps more vital than ever.

Abstract This chapter confronts the modern transatlantic security landscape by examining the United States’ contributions to NATO’s cohesion and relevance. In the aftermath of an isolationist US presidency, debates persist about the commitment of NATO’s most powerful ally to its treaty obligations. The chapter begins with an overview of the extent to which the United States remains engaged in the Alliance. It considers the legacy of the Trump administration and the current administration’s renewed strategy. Whereas US public support for NATO has long remained strong, the United States and its allies have endeavoured to realign interests in light of changing US priorities, including counterterrorism and deterring (or confronting) China. The United States’ decision to withdraw from Afghanistan has also prompted NATO to reconsider its investments in crisis management. Subsequently, the chapter assesses the central role that the United States plays in NATO policymaking and the ideational overlap that it maintains with allies. Sections also review the United States’ material contributions (e.g. operations). In the final section, we examine a set of challenges that the United States faces in its efforts to reassure allies and reinvest in the alliance while balancing its own shifting strategic direction.

This chapter examines how the logic of responsible provision has been applied to three areas of intraregional cooperation – HADR, conflict management and human rights. The section on HADR cooperation looks at how, in the aftermath of Cyclone Nargis, crucial pieces of the regional architecture for HADR – the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), the AHA Centre for disaster management, the ASEAN Militaries Ready Group (AMRG) on HADR, the ADMM and ADMM-Plus, as well as national-level assets like the Singapore-based Regional HADR Coordination Centre (RHCC) – have been put in place. The chapter also looks at how Southeast Asia’s response to the threat of terrorism has evolved not only in terms of the militarisation of national and regional counterterrorism strategies, but on a normative note, the growing acceptance of conflict management – previously eschewed because of the region’s fidelity to noninterference – in response to the changing tactics of the militants and terrorists themselves. Finally, the chapter examines how the region has addressed the human rights challenge, at best only in a half-hearted fashion.

The Pax Americana has produced remarkable political order in Europe and Northeast Asia. For decades, the US has sought to expand this international order into the Middle East. This effort, however, has sparked a backlash against the US, globalisation, and Westernisation. With state elites now largely co-opted into the Pax Americana, opposition takes the form of ‘private’, non-state actors using terrorist methods. The US response to the global insurgency has included counterterrorism and regime change, but state-building has become the dominant strategy. The core problem in state-building, however, is that though the US and its allies seek legitimacy for the states they build, they also aim to appoint local leaders willing to cooperate in the global war on terror and other elements of the Pax Americana. These ‘loyal’ leaders can govern only autocratically in ways that foment further opposition. State-building as counterinsurgency strategy is counter-productive. The first section of this chapter explains the spread of the Pax Americana; the second briefly describes the reaction to this expansion, focusing on the current global insurgency; the third probes the counter-reaction, highlighting the role of state-building; the Conclusion argues that given a choice between expansion or retrenchment, the US should lean towards the latter.

Abstract This chapter explores what it means to adopt a “public health” response to terrorism and presents findings from an empirical study of UK health professionals’ attitudes towards counter-radicalization responsibilities. The chapter demonstrates how counter-radicalization programs implemented through the public sector are archetypal examples of how policy and administration are being rethought in the twenty-first century around the new organizing concept of resilience. The incorporation of the UK’s National Health Service (NHS) into counterterrorism occurs because healthcare workers have extensive contact with the public, not because the NHS is a site of insecurity where terrorist plots are hatched. The health sector is therefore now used as a component within a “big data” screening of the population for risky behaviours and ideologies. The integration of counterterrorism within the public sector organisations of European states is indicative of a wider epistemological transformation of twenty-first century governance and administration.

Abstract In the two years since the tragic events of 11 September 2001, several states have made huge efforts and allocated significant resources to eliminating international terrorism. Pursuing the goal of destroying terrorist bases, the US-led coalition of states has achieved important military victories in Afghanistan and Iraq. Russia has made military and political progress towards settlement of the Chechen conflict. Israel has overwhelming military superiority in the Middle East region and can boast an impressive list of counterterrorist operations which eliminated their targets. However, these successes have not resulted in the decline of terrorist activities in the regions concerned, still less worldwide.

The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.

For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.