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INTERNATIONAL BORDER SECURITY AND TERRORISM

Indian Army Border Patrol

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EFFECTIVE BORDER CONTROL

UN Security Council Resolution 1373 requires that states “prevent the movement of terrorists or terrorist groups by effective border controls.”

US - Mexico border fence in Nogales, Arizona

US Predator UAV of the type used for border surveillance

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AN INTERCONNECTED WORLD• Total world

merchandise exports in 2003 = $7.3 trillion.

• 90% of world cargo moves by container.

• Worldwide trade of 5.8 billion tons of goods by sea alone in 2001.

• Terrorists exploit and target the connections.

Hong Kong container port

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PORT SECURITY INITIATIVES

• Smart Borders: dedicated pre-clearance lanes and public-private partnerships.

• Container Security Initiative: identification of high-risk containers, pre-screening, high-tech inspection and “Smart” containers.

x-ray of truck carrying concealed illegal immigrants

British mobile freight x-ray scanner inspects a sea container

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PROHIBITED MATERIALS• General Agreement on Tariffs and

Trade (GATT)(1947) – right of States to take any action considered necessary for protection of essential security interests or maintenance of international peace and security

• Convention on Marking Plastic Explosives for the Purpose of Identification (1991).

• A Convention on Suppression of Acts of Nuclear Terrorism was adopted by the General Assembly in April 2005.

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HOT PURSUIT

• Art. 23 of the Convention on the High Seas (1958) and Art. 111 of the Convention on the Law of the Sea (1982) create a right of (uninterrupted) hot pursuit into international waters but not into foreign seas.

• No similar arrangement exists on land except by treaty arrangement.

British Marines patrol the Al-Shatt waterway off Basra, Iraq

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NO SAFE HAVEN

• UN Security Council Resolution 1373 requires that states “deny safe haven to those who finance, plan, support, or commit terrorist acts.”

• SCR 1373 also established the Counter-Terrorism Committee to promote best practice standards. Canadian police escort the father of a terrorism suspect

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TREATMENT OF ALIENS

• Generally no obligation to admit aliens.

• State obliged to protect human rights and provide equal protection with no unreasonable distinctions.

Refugees from Darfur in a UNHCR camp in Chad

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DUAL-CHECK ADMISSIONS

• Dual-check admission system.

• Consular review and visa issuance.

• Separate Immigration Inspection at POE.

• Special procedures for aliens from designated state sponsors of terrorism.

Australian Immigration check

Icelandic passport of reclusive US chess grandmaster Bobby Fischer

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COMPETING PROCESSES

• Criminal Prosecution

• Extradition

• Deportation

• Voluntary return

Prisoner in custody

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POLITICAL ASYLUM

Under Articles 1(f) and 32 of the Refugee Convention States have no obligation to extend asylum to war criminals, those guilty of acts contrary to the UN Charter and individuals who would compromise national security or public order.

Extremist Muslim preacher Abu Hamza Al Masri active in the UK

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NON-REFOULEMENT

• Non-refoulement - forbids the expulsion of a refugee to a country where he or she might be at risk.

• From the 1951 Refugee Convention, its1967 Protocol and the 1984 Torture Convention.

extradition proceeding

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NATIONAL SECURITY EXCEPTION

Non-refoulement does not apply to a refugee who presents a danger to the security of the country in which he is, or has been, convicted of a particularly serious crime (Article 33).

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• Many other countries (e.g., the U.K., Spain, France and Germany) provide a legal basis to exclude or remove suspected alien terrorists or others who threaten national security

• Exclude such aliens from refuge and asylum protections; however, non-refoulement may apply

• Precise rules vary

INTERNATIONAL EXCLUSION, REMOVAL AND ASYLUM LAWS

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• Unlike the United States, many countries do not have a Department of Homeland Security (DHS) but instead rely on various government offices to perform specific homeland security functions

• Functions include funding, intelligence, civil defense, law enforcement, counterterrorism measures, domestic crisis management, emergency response, border control, transport security and countering CBRN threats

INTERNATIONAL APPROACHES TO HOMELAND SECURITY AND TERRORISM

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• No counterpart to U.S. DHS; Prime minister has primary responsibility for antiterrorism policy

• Homeland security functions: civil defense, federal police, intelligence, counterterrorism

• In Belgium, actions to counter terrorism are regarded as police responsibility

• Funding policy priorities determined by relevant government ministries

• Strong emphasis on civil rights in law enforcement activities

BELGIUM

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• No counterpart to U.S. DHS

• Institutions/Structures for Domestic Crisis Management: MOI/MOD, intelligence agencies, specialized judicial entities, police forces, Vigipirate, protection of key infrastructure

• Uses military domestically in extreme emergencies

• Resources come on ad hoc basis from range of government ministries and agencies

• Possible constraints on civil liberties during times of threat

FRANCE

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• No department or ministry for homeland security

• Authorities rely on intelligence, law enforcement and judicial prosecution to counter terrorism

• German structure for civil protection and emergency response has been in place since 1949

• Funding for German homeland security is spread throughout the federal and state governments

• Germany places strong emphasis on tolerance and civil liberties; protects rights of all German residents, including non-citizens

GERMANY

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• No government department responsible for all aspects of homeland security and counterterrorism

• Italian Council of Ministers is the supreme, collective decision-making governmental body

• Domestic security institutions/structures: MOI, Defense Ministry, Health Ministry, Infrastructure and Transport Ministry, Economics and Finance Ministry

• Law enforcement/intelligence: Polizia di Stato (State Police); Carabinieri (paramilitary corps); Military Intelligence and Security Service; Democratic Intelligence and Security Service

• National budgeting system involves multiple ministries and departments

ITALY

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• Madrid bombings, March 11, 2004

• Government has not focused on military solution to terrorism; instead, law enforcement cooperation

• Chief Spanish ministry in homeland security efforts is the Ministry of the Interior (MOI)

• Unlike US, Spain has highly centralized police structure (National Police Corps & Civil Guard)

• Homeland security budgetary and policy priorities set by the Interior Minister

• Foreign intelligence efforts undertaken by National Intelligence Center (CNI)

SPAIN

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• No department responsible for all aspects of homeland security and counterterrorism

• CONTEST (2004): comprehensive, cross-departmental Counterterrorism Strategy

• UK Cabinet is supreme, collective decision-making body in UK government, chaired by Prime Minister

• Home Office has lead on several aspects of homeland security affairs, including CT policy in UK

• Policing in UK is largely decentralized; armed forces may be call upon domestically

• Increased funding on “public order and security”

UNITED KINGDOM

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