>From August, 2011.  Wow.


—S.





http://www.heritage.org/research/reports/2011/08/a-counterterrorism-strategy-for-the-next-wave
A Counterterrorism Strategy for the "Next Wave"

*By The Heritage Foundation Counterterrorism Task Force
<http:///about/staff/c/the-heritage-foundation-counterterrorism-task-force>
*

*Abstract: **In June 2011, President Barack Obama released a new National
Strategy for Counterterrorism. This document profoundly misreads the nature
of the global transnational threat. Following this strategy for a few years
will result in a resurgent threat as dangerous as that shortly after 9/11.
Dealing with the “next wave” of transnational terrorism will require a
different course. The strategy for the next wave must regain the initiative
that has been lost by this President, bring a successful end to the long
war, and leave behind an enduring and sustainable counterterrorism
enterprise—one that can adeptly respond to future emerging threats.*

Since 9/11, at least 40 Islamist-inspired terror plots aimed at the United
States have been thwarted. All categories of successful terrorist attacks
against U.S. targets (both at home and overseas) have been on a downward
trend since 2005, although the number of disrupted plots has risen
considerably since 2007. Al-Qaeda has been substantially defeated in Iraq,
flushed from Afghanistan, and hounded in Pakistan. A number of affiliated
groups across Southeast Asia (in part through U.S. counterterrorism
assistance and cooperation) were also rooted out. Terrorist networks have
been dispersed and disaggregated, reduced to making “open calls” online to
strike the West. At the same time, al-Qaeda established alternative bases
of operation in Yemen, and new allies, such as al-Shabaab in Somalia, as
part of an ongoing strategy of insurgency around the globe.

Progress against al-Qaeda’s attempts to attack the U.S. was the result of
taking the offensive in the war on terrorism. The successes that President
Obama has trumpeted resulted from a decade of effort to disrupt terrorist
sanctuaries, attrit the cadre of terrorist leaders, preempt planning and
operations, disaggregate networks, thwart terrorist travel and
communications, and disrupt fundraising and recruiting. Specifically, drone
missile strikes in Pakistan’s tribal areas have helped degrade al-Qaeda’s
operational capabilities, while also significantly contributing to the U.S.
ability to place al-Qaeda on the defensive. Even before the release of the
“new” strategy, however, the President had distanced himself from the
post-9/11 effort. The Administration declared its intent to close the
detention facilities at Guantanamo Bay, restrict interrogation policies,
and adjure conceptualizing operations as a wartime conflict. The President
banished terms like “the long war," "the global war on terror,” and
“unlawful combatants.” He refused to identify Muslim terrorist groups as
Islamist (those who use Islam to justify the slaughter of innocents to
promote a radical agenda).

Furthermore, President Obama declared his intent to withdraw combat forces
from Iraq and Afghanistan, specifically announcing his timeline for
withdrawal from Afghanistan at the same time that he announced the troop
surge, effectively undermining the overall Afghan counterinsurgency
strategy. He also stated his intent to pursue significant cuts in
conventional forces, substitute “soft” for “hard” power, and rely
increasingly on international organizations rather than strong bilateral
relations to advance U.S. interests.

Then, in June 2011, President Obama unveiled his new National Strategy for
Counterterrorism.[1] The Administration now seeks to treat terrorism under
a law enforcement paradigm that failed to protect Americans from terrorism
when it was adopted by the Clinton Administration before 9/11. In addition,
the White House intends to follow a “small footprint” strategy for overseas
operations, relying primarily on Special Forces operations, covert action,
and strikes with unmanned aerial vehicles.
Why the President’s Strategy Will Fail

The President’s strategy cedes the initiative to America’s enemies and
provides them the opportunity to reconstitute both their moral and physical
assets.

Islamist beliefs are rooted in a culture that the President’s strategy
fails to appreciate. While Western conceptions of honor rest on occidental
notions of virtuous acts and beliefs, the Islamist mindset equates honor
with power. When the U.S. successfully conducted war on al-Qaeda, the honor
of the Islamist cause was greatly diminished—and the U.S. garnered grudging
respect from al-Qaeda and its supporters for its strength and determination
to defend itself. Further discrediting al-Qaeda’s cause worldwide, most of
the victims in this war have been, and still are, Muslim innocents
slaughtered by Islamist terrorists. The popularity of the jihadist movement
declined significantly in much of the Muslim world. By unilaterally
withdrawing from the conflict, however, the Administration allows al-Qaeda
to paint a narrative of the U.S. in retreat. It also reinforces Osama bin
Laden’s contention that the U.S. is a paper tiger that will retreat when
attacked, as it did in Lebanon in 1984 and Somalia in 1994. One successful
major terrorist attack or reversal in Afghanistan or Iraq will be
sufficient for al-Qaeda to claim a “victory” and regain its “honor.”

Meanwhile, the President’s new strategy does much to sap America’s moral
strength and resolve to combat transnational terrorism. It is increasingly
unclear to most Americans whom their country is fighting and what it is
fighting for. The U.S. is unprepared to fight a war of ideas against
Islamist ideology at home or abroad. In particular, the Administration’s
ambivalent and unimaginative response to the “Arab Spring” was a lost
opportunity to build a plan for the future of U.S. engagement with the
“new” Middle East which would break from the past and focus on engagement
with the people of the region rather than their oppressors.

The Administration has also created opportunities for al-Qaeda to
physically re-establish itself in the Afghanistan–Pakistan theater. The
premature drawdown in Afghanistan will allow the Taliban to re-establish
space for al-Qaeda to rebuild its sanctuaries in the country. Meanwhile,
Pakistan will have little incentive to pursue al-Qaeda and its affiliates.
As a result, in a few years, al-Qaeda will have much greater flexibility to
broaden its operational base.

Perhaps even more important, the Administration’s policies ignore what
al-Qaeda has been doing on a global scale. Describing al-Qaeda simply as a
“terrorist group” does not explain why the organization trained thousands
of *mujahidin* during the 1990s and spread them throughout the Muslim
world; why al-Qaeda has worked since then to co-opt or gain control of
jihadist insurgent groups around the globe; and what al-Qaeda is doing in
Pakistan, Yemen, Somalia, the Sahel, and dozens of other places around the
world. U.S. focus on its own safety has, in fact, led the U.S. to ignore a
very real problem—that al-Qaeda is not merely concerned with attacking the
homeland, but has a global insurgency intent on taking over areas of the
world. While covert strikes can be a successful tactic for hunting down the
leaders of terrorist groups, attrition is counterproductive when combating
an insurgency. The prospect of “body counts” as the proper metric for
measuring success should give Americans pause about the strategy pursued by
the Administration. Additionally, without persistent presence and
engagement of threatened governments and civilian populations, the U.S.
will lack the real-time actionable intelligence necessary for effective
targeting of terrorists and the successful suppression of insurgencies.

Finally, the President’s strategy pays insufficient attention to
state-sponsored terrorism, which will increasingly be a major force to be
reckoned with. Iran is one of the most prominent and aggressive state
sponsors of terror and its protégés—both Hamas and Hezbollah—represent
potentially grave threats. In addition, transnational criminal cartels in
Mexico are increasingly taking on the character of terrorist networks.
What the U.S. Must Do

The first and most quintessential element of U.S. strategy must be
persistence. No counterinsurgency can succeed without the sustained
political will to see the strategy through.

The primary goal of the U.S. counterterrorism strategy must be to prevent
the emergence of a global Islamist insurgency. The danger to the security,
freedom, and prosperity of the U.S. and the Western world is far graver
than what might be achieved by any individual terrorist act. An insurgency
is a threat to the fundamental legitimacy of all free societies.

The right way to achieve this goal is to divide and defeat—first, prevent
any one group from garnering the coalition of resources, allies, and
support to mount a global insurgency; then, craft specific strategies to
deal with significant terrorist threats aimed at the U.S. Finally, even as
these groups are defeated, the U.S. must retain in place a robust,
enduring, and sustainable enterprise to identify and combat transnational
terror threats.

The means to implement this strategy will be primarily through “hard” power
and strong bilateral cooperation between the U.S. and nations that share a
commitment to defending free, just, and open societies. “Soft” power
complements hard power and is most effective when America’s friends and
enemies know that the U.S. has the will and determination to defend its
citizens and values.
Where to Start

A strategy for the next wave must start in South Asia. Regardless of the
disastrous conditions that may emerge after the premature drawdown in
Afghanistan, the U.S. must maintain a persistent engagement with
Afghanistan, Pakistan, and India.

The strategy must link Pakistan’s approach to dealing with al-Qaeda
affiliates, such as Lashkar-e-Taiba in Pakistan, with future security
assistance to the country. U.S. security aid to Pakistan is already legally
tied to its counterterrorism efforts against al-Qaeda and other terrorist
organizations. In March, Secretary of State Hillary Clinton certified to
Congress under the Enhanced Partnership with Pakistan Act of 2009 that
Pakistan was, among other things, making progress in “preventing
al-Qaeda…from operating in” Pakistani territory. This requirement should be
unshakable.

Pakistani officials privately argue to U.S. officials that local terrorist
groups such as Lashkar-e-Taiba are too powerful and pervasive for the
military establishment to handle. These arguments are specious and merit
testing, and the U.S. must reject them. Former President Pervez Musharraf
repeatedly told U.S. interlocutors that he could “better control” or “keep
tabs on” the terrorist groups if his intelligence agencies retained links
to them. However, if such groups are in contact with the world’s most
wanted terrorists without the Pakistani military’s knowledge, who is
keeping tabs on whom? The U.S. should never settle for Pakistani excuses
for avoiding a full-throttle approach against these terrorist groups and
instead demand that Pakistan be accountable for the activities of all
terrorist groups on its soil. The U.S. government has so far avoided
designating Pakistan as a state sponsor of terrorism. But U.S. officials
should remind Pakistani officials that the U.S. will continue to evaluate
the nature of Pakistan’s relationship with these terrorist groups.

Despite the severe differences between Islamabad and Washington over
terrorism, it is in the interest of the U.S. to remain engaged with
Pakistani leaders and to demonstrate U.S. interest in the development of a
prosperous and moderate Pakistan free of the terrorist scourge. If the U.S.
cuts aid to Pakistan altogether, or degrades its diplomatic engagement with
the country’s leadership, the assistance that Pakistan does provide in
fighting terrorism will dry up completely.

While there is no direct role for the U.S. to mediate the Indo–Pakistani
dispute over Kashmir, the U.S. must encourage the two countries to move
forward with their dialogue and inject ideas into the process to help spur
it along. Indo–Pakistani rapprochement can help reduce conflict in
Afghanistan, by reducing competition for influence and the associated
violence between India and Pakistan within Afghanistan, and facilitate a
political solution. Pakistan overstates Indian influence in Afghanistan,
but also overlooks New Delhi’s legitimate security interests in ensuring
that the country does not return to Taliban rule. The strongest case for
moving Indo–Pakistani dialogue forward is to improve prospects for
Pakistan’s future. Islamist extremists whose lifeblood is regional conflict
are strengthening their grip in Pakistan. Taking steps to restore
confidence and trust between India and Pakistan will help inoculate
Islamabad from extremist forces that threaten to reverse economic and
democratic progress and undermine the stability of the state.

At the same time, the U.S. and India have many common security concerns.
The U.S. must make every effort to improve defense, counterterrorism, and
homeland security cooperation. One innovative tool for advancing this
cooperation would be to establish technology sharing through bilateral
action based on the Support Anti-Terrorism by Fostering Effective
Technologies (SAFETY) Act. Passed after 9/11 to encourage innovation in the
development of security technology, the SAFETY Act provides a safe harbor
for manufacturers of new “Qualified Anti-Terrorism Technologies.” The U.S.
can contribute to this cause most effectively by continuing the
implementation of the SAFETY Act and by sharing best practices and lessons
learned with India. In turn, the Indians can establish their own
liability-protection regimes. The U.S. should, as a matter of policy, agree
to share qualified security technology on a reciprocal basis. If India
adopts a liability-protection regime comparable to that outlined in the
SAFETY Act, the two countries could form a partnership to promote
innovation. As national liability protection proliferates, new
opportunities for international cooperation would emerge.

Future U.S. strategy in Afghanistan will have to adapt to the conditions on
the ground. It is possible that the elimination of bin Laden will encourage
the Taliban to re-evaluate its alliance with al-Qaeda and seek to become
part of a negotiated political settlement. A hastening of U.S. troop
withdrawals unmerited by conditions on the ground would undermine U.S.
leverage at the negotiating table. If the Afghan government fails to
develop into an effective force to fight the Taliban and reconciliation
talks fail as the U.S. continues to withdraw its forces, the U.S. will
inevitably find itself compelled to back indigenous groups that are
committed to freeing the nation from domination by extremists.

Finally, the U.S. must retain a robust capacity to project military power
in this part of the world and be prepared to deal with the worst-case
scenarios. These scenarios would address the challenges of dealing with
humanitarian assistance for catastrophic incidents, failed states and the
proliferation of weapons of mass destruction, as well as associated
technologies and materials.

A similar strategy must be adopted for helping able partners deal with the
insurgencies in their own territories. Aid, advice, and support for
Algeria, Morocco, Tunisia, Indonesia, Malaysia, the Philippines, Turkey,
and elsewhere will help good partners to find the right mixture of
counterinsurgency tactics that will work for their particular environments.
Other countries that are less able and yet willing partners in the fight,
such as Mauritania, Chad, and Niger, will require deeper involvement and
contingency planning for worst-case scenarios. The U.S. needs to know much
more about the tribal and social structures of these countries, the
specifics of al-Qaeda’s penetration and involvement in their territories,
the history of the ongoing insurgencies, and a complete workup of potential
allies in order to prepare for the worst. This is all the more urgent for
places like Somalia and Yemen, which have far less capable governments and
thus less capacity to defend themselves.
What Else Must Be Done

The iron triangle of state-sponsored terrorism—Iran, Hamas, and
Hezbollah—is potentially as significant a threat to U.S. interests as a
reconstituted al-Qaeda. Iran remains the world’s foremost state sponsor of
terrorism. Breaking the triangle apart can only be accomplished by bringing
freedom to the people under the tyranny of the leadership in Tehran—change
that has to come from within the country. The U.S. can contribute to this
end by:

   - *Imposing and enforcing the strongest sanctions.* The U.S. should push
   other concerned countries to enforce targeted sanctions on the Iranian
   regime and its internal security organs; ban all foreign investment, loans
   and credits, subsidized trade, and refined petroleum exports to Iran; and
   deny visas to its officials.
   - *Targeting public diplomacy to expose the regime’s human rights
   abuses.* Such a campaign should document the abuses and aid victims,
   step up broadcasting and support for independent Iranian broadcasters
   outside the country to expose corruption of officials and the regime’s
   lavish aid to terrorists, and educate Iranians about genuine representative
   democracy.
   - *Facilitating communication among dissidents.* The U.S. government
   should help opposition groups communicate privately with each other using
   technology that can evade government surveillance and censorship.
   - *Aiding opposition groups.* U.S. intelligence services should provide
   covert financial and material assistance to democratic opposition groups to
   strengthen opposition to the regime, similar to the help extended to the
   Polish Solidarity movement during the Cold War.
   - *Reducing Iran’s meddling in Iraq.* The U.S. should maintain the
   strongest troop presence that Iraq will permit to aid in containing and
   reducing Iran’s influence. A stable and democratic Iraq offers Shiites an
   alternative model that helps delegitimize Iran’s Islamist system.
   - *Targeting covert actions to discredit the regime.* U.S. intelligence
   services should distribute printouts of Iranian officials’ foreign bank
   accounts and other assets, as well as pictures of their mansions and villas
   outside Iran to drive a wedge between the corrupt regime and the people.
   - *Supporting regime change in Syria.* Syria’s Assad regime has long
   been Iran’s most important Arab ally and a major state sponsor of
   terrorism. A more forceful U.S. policy of supporting the Syrian opposition
   could pay dividends by depriving Iran, Hezbollah, and Hamas of a key ally.
   - *Modernizing the U.S. nuclear arsenal.* The U.S. should develop and
   deploy a new generation of nuclear weapons to convince Tehran that any
   attempt to use nuclear weapons against the U.S. or Israel will fail to
   achieve whatever political and military objectives they have in mind.
   - *Expanding U.S. military capabilities to defend U.S. interests and
   allies.* Targeting and holding at risk the regime’s top leaders, its
   nuclear weapons program, and its internal security forces would protect the
   U.S. from Iranian aggression.
   - *Deploying a robust and comprehensive missile defense system.*
   Land-based, sea-based, and ultimately space-based systems that can
   intercept Iranian ballistic missiles would minimize the ability of Iran to
   threaten the U.S. and its allies.

All these steps will serve to pressure, isolate, and delegitimize the
current Iranian regime, increasing the demand and likelihood that the
government will collapse from within and be replaced by a regime less
willing to be a state sponsor of terrorism.
After the Arab Spring

The U.S. must start with the countries where it has the most influence to
build like-minded partners that share an interest in combating
state-sponsors of terrorism and global insurgency. The two most important
countries are Iraq and Israel.

The U.S. must remain firmly committed to preserving a stable and free Iraq.
Now is not the time to risk the emergence of a new center of instability in
the region or risk losing a friendly nation that is struggling to secure
its own freedom from tyranny. Although it has fallen off the front pages,
Iraq remains a troubled country that requires continued high-level
attention. While Iraq’s security situation has greatly improved, political
progress has been slow. Iraqi leaders have tentatively cobbled together a
coalition government after last year’s elections, but it remains to be seen
whether that government can effectively address Iraq’s complex problems.

Washington should stand patiently by the Iraqi government to support its
army and police, help it provide better services to Iraq’s citizens,
mediate disputes between Kurds and Arabs, and prevent Iraq from falling
under Iran’s hostile influence. The U.S. should maintain the strongest
possible support for continued development of the country, using U.S.
military forces for training and assisting Iraq’s military forces in
combating common enemies, such as al-Qaeda in Iraq and pro-Iranian Shiite
militias. The mantra for Baghdad should be: “Americans, go home, but not
yet.”

The U.S. must reassert the need for its close strategic cooperation with
Israel. The political instability that has swept the Arab Middle East is a
reminder of the fact that Israel is the only ally in the region that the
U.S. can reliably count on. Furthermore, when the U.S. equivocates on its
support for Israel, it only encourages aggression against America’s most
important ally in the region. The U.S. should prioritize Israel’s security
in any peace process that aims to achieve a two-state solution.

A prerequisite to any two-state solution should include recognition by the
Palestinians of Israel’s right to exist as a Jewish state and the creation
of a Palestinian state that will not threaten Israel, ally itself with
Iran, or repress the freedom of its own people. The peace and security of
the region is not advanced by creating another pariah state sponsor. The
U.S. must craft strategies to deal with individual nations—working for a
region populated by democracies (committed to the rule of law, human
rights, and political, economic, and religious freedom) rather than
dominated by dictatorships. As the first nation founded on the principle of
the sanctity of individual freedom, an American failure to advocate that
same principle for all other peoples is to deny the universality of the
belief that all humans ought to be free. Furthermore, the more free nations
in the world, the safer it is for all nations—including America.

The Founders believed that advocating freedom throughout the world by
promoting liberty and justice, and even preventing others from intervening
and imposing nondemocratic governments, in a manner consistent with the
U.S. national interest must be a central tenet for the nation’s foreign
policy. It was the right answer then—and it still is. These principles must
be the guiding light in developing U.S. programs for engaging with every
nation in the region from Turkey and Egypt to Yemen.
How to Add to the Ranks

In dealing with global insurgencies, the U.S. will have to have an engaged
and persistent presence. In many cases, that presence can be actualized
through building the capacity of friendly and allied nations to counter
insurgent threats and strengthen their security and civil society. To
counter 21st-century threats—from aggressive rogue states to despots to
terrorists and international criminals—the United States and its partners
should fashion new arrangements that promote security and protect liberty.

What is urgently needed is a new, more flexible association of free nations
around the world—a Global Freedom Coalition—whose members have both the
will and the means to defeat threats to their security and also the desire
to promote the kind of stability in which freedom can flourish. A Global
Freedom Coalition should not be bound by geography, as many small nations
in every region of the world have already demonstrated their commitment to
fighting the war on terrorism, interdicting the illicit proliferation of
nuclear weapons technology, and increasing law enforcement and intelligence
capabilities to stem human trafficking and international narcotics and
crime networks. To help develop such a coalition, the United States should
take the lead and create a new fund to provide emerging democracies with
the resources they need to build their military and institutional
capabilities.

To help nations committed to liberty and security develop their
capabilities to contribute to such a coalition, the Administration should
establish a Security for Freedom Fund (a program that could be established
by discontinuing funding for less effective foreign assistance programs).
America has many friends in the developing world that share American
interests and values and that have helped the U.S. in Iraq and Afghanistan,
but that lack the capabilities at this time to meaningfully contribute to a
new coalition. Current foreign military sales (FMS) and foreign military
financing (FMF) programs are insufficient, impeded by a tangle of
restrictions and bureaucratic delays that often render U.S. security
assistance tardy or ineffective. Creating a Security for Freedom Fund could
be a vehicle by which the Administration revamps the entire U.S. foreign
military assistance program so that America and its friends and allies
around the world can respond to unfolding threats to their security in new,
more flexible, and more creative ways than the current international system
allows.

The Security for Freedom Fund should apply the model established by the
Millennium Challenge Account (MCA)[2] to security-assistance grants. As is
the case with the MCA, the Security for Freedom Fund should dedicate its
resources to financing foreign military sales that fulfill specific
criteria including: a demonstrated commitment to freedom and human rights
(Does the country hold regular and transparent elections? Does it have a
record of upholding basic political and economic freedoms as measured by
the *Index of Economic Freedom* and Freedom House?); a commitment to the
rule of law and governance (Does the government have a record of promoting
fundamental freedoms abroad? Does it observe its international agreements?
Is there civilian control of the armed forces?); mutual bilateral security
interests with the U.S. and its allies (Is the country concerned about the
same threats that menace the United States and the other members of the
Global Freedom Coalition? By promoting the applicant nation’s security,
will the U.S. also promote its own?); and a demonstrated need for U.S.
military assistance (Is the assistance requested appropriate to the threats
that country faces? Is capacity building in its military forces and
civilian security institutions necessary to make that nation a productive
member of the Global Freedom Coalition? Does the country have any
arrangements with countries to which the U.S. restricts military sales?).
The U.S. Must Adopt Sensible Detention Policies Once and For All

The President, as Commander in Chief, must have all lawful tools available
to him to capture, interrogate, detain, and prosecute current and future
combatants. The capacity to lawfully detain and interrogate unlawful
combatants is vital to an effective global strategy to ensure that valuable
and necessary intelligence can be obtained, as well as provide increased
security of the United States and its allies by preventing belligerents
from returning to armed conflict.

In past wars, combatants were typically associated with established
governments that had organized militaries or militias that carried arms
openly, wore uniforms, and complied with the laws of war. But the current
wars are different. Those behind 9/11 and other terrorist attacks on
Americans—a group of non-state actors operating under the umbrella
authority of al-Qaeda—do not act at the behest of any state. The laws of
war applied to stateless pirates in the 18th and 19th centuries (although
there are some novelties as applied to this new enemy) still apply. First
and foremost is that during wartime, the detaining country is not required
to choose between detaining the combatant and trying him in a court of law
(military or civilian). The U.S. may legally detain these unlawful
combatants, at Guantanamo Bay and elsewhere, for the duration of
hostilities.

The solution, far beyond closing the detention facility at Guantanamo, is
to solve the broader challenge of holding accountable and incapaci­tating
terrorists in a detention framework that is lawful, durable, and
internationally acceptable. To begin, the September 18, 2001, Authorization
for Use of Military Force (AUMF) must be updated specifically to include
the legal authority to detain unlawful combatants and clarified as to the
scope of that detention authority.

As the U.S. military captures future high-value terrorists outside
Afghanistan and concludes that some may not be prosecuted in a military
commission or federal court, the U.S. will need a sustainable legal
framework and procedures to detain these captives. Military detention,
authorized by law and properly calibrated to protect our national security,
will enhance the nation’s ability to prosecute this war. Furthermore, if
done prop­erly, it may discourage the courts, especially the Supreme Court,
from meddling in issues of national security policy, which is best left to
the political branches.

The President must have the flexibility to decide whom to capture and
interrogate, whether to detain or prosecute (and in which forum: military
commission or federal court), and, absent a court order, when to release a
particular detainee. Congress has an appropriate oversight role in these
matters, but must not unnecessarily limit the President’s full range of
options. Furthermore, treating all captured enemy combatants as mere
criminal defendants who must be tried in domestic criminal court or set
free is dangerous and reckless and weakens the country and its defenses.
The battlefield is not a CSI lab and it should not be treated as such.
Additionally, holding captured enemy combatants onboard Navy ships for
short periods of time is no substitute for a thoughtful, intelligent, and
comprehensive detainment framework.

At the same time, requiring the President to use military commissions as
the sole prosecution forum for captured enemy combatants is equally
problematic. The President must have the flexibility to decide on a
case-by-case basis which prosecutorial forum is most appropriate for any
particular detainee.

Finally, Guantanamo Bay must not be closed unless and until a viable
alternative exists, supported by a detailed policy and express
congressional legislation, signed by the President. At a minimum, that
policy should: include express authorization to detain unlawful combatants
who cannot be safely prosecuted in a military commission or federal court,
and who cannot in good conscience be set free; expressly prohibits any
judge from ordering the release of any com­batant into the United States,
even if the judge, through the* habeas corpus* process, orders the detainee
released from U.S. custody; and reaffirms the continued viability of
military commissions, both in theaters of operations and in the United
States, during wartime. For the time being, Guantanamo Bay is the most
logical detention facility for high-value captures, and should be used as
such until an alternative exists.
The U.S. Must Win the War Online

The Internet has become an invaluable tool for global terrorism used for
propaganda, gathering intelligence, fundraising, recruiting, planning
operations, and conducting cyber-criminal activities. The U.S. can
anticipate the growth of cyber-terrorist insurgencies as their capabilities
develop. It is too narrow to think of dealing with terrorists online as a
battle of “our electrons against their electrons.” While the U.S.
government has authored a number of cybersecurity strategies, they all
focus too much on technology and not enough on a comprehensive approach to
battling cyber activity as another form of insurgency.

The U.S. government must have a sustained equivalent counterinsurgency
strategy for cyberspace. The American strategy must be much more expansive
than treating cyber threats primarily as a technical challenge.

The government’s biggest challenge is stringing its offensive, defensive,
covert, and overt operations into a cohesive whole rather than operating
segmented from one another. In order for cyberstrategy to work, the right
hand has to know what the left is doing or there will be gaps for enemies
to exploit—or worse, activities may interfere or work at cross-purposes,
wreaking more havoc than solving problems. A cyber-insurgency approach to
battling bad actors online must include:

   - *Collecting intelligence.* Dealing with cyber insurgents requires
   human intelligence (HUMINT) on the operation of non-state actors in
   cyberspace. Rather than concentrating on technical intelligence, “human
   intelligence” focuses on information collected by human sources (such as
   through conversations and interrogations). HUMINT can provide all kinds of
   information on the cyber insurgents, not only the technical means of
   attack, but motivations, relationships, and finances—identifying weaknesses
   and vulnerabilities in their network that might not be available from
   merely deconstructing malicious software or searching the files of an
   Internet service provider.
   - *Integrating government and civilian action.* As in the kinetic world,
   much of the U.S. effort will require coordination between military and
   civilian government assets. In cyberspace, the situation has the added
   layer of complexity posed by the need to coordinate with private-sector
   actors. For a cyber-insurgency strategy to be effective, it is critical
   that the U.S. develop mechanisms to ensure that “successes” and “best
   practices” are translated into a suitable doctrine and become part of the
   professional development of private-sector and public-sector leaders. Among
   other needs, there will be demands for education, training, and experience
   that qualify public and private actors to be real cyber leaders. A doctrine
   that addresses public–private cooperation must be a centerpiece of that
   strategy. No adequate effort to address this shortfall is currently
   underway.
   - *Building host-nation cybersecurity*. Strengthening the capacity of
   friends and allies for network security and resilience must be an essential
   part of counter-cyber insurgency. The more that nations with common purpose
   and values work together, the more that can be done to shrink the
   cyberspace available to cyber insurgents.

The foregoing is just a start—other questions of resilience and offensive
operations will also need to be addressed. These kinds of initiatives
reflect how all the nation’s resources should be employed in the cyber war.
To win the battle for cyberspace, cyber strategy must become much more
multifaceted.
The U.S. Must Name the Enemy

Radical groups employing terrorism against governments and civilians have
an agenda, and that is to destroy certain governments, challenge Western
values of civilization, and erect in their place their own governments and
notions of culture and religion. Extremist ideology alone is not the
problem. Rather, the issue is that Islamist extremists are using terror as
a weapon, employing their ideology as justification to kill in the name of
Islam in order to further their radical agenda.

Might something be wrong with the U.S. government’s stated policy if it
cannot articulate an obvious fact about its strategic aims? It is one thing
to be tactically clever and not alienate innocent people or potential
allies. It is another if that reluctance blurs the reality of America’s
objectives and confuses people—particularly Americans—about the identity of
the enemy and what is at stake.

Former British Prime Minister Tony Blair spoke clearly when he said, “The
best defense of the Muslim community in this country is for that leadership
to be exercised and for the mainstream Muslim community to take on the
extremists within their midst, within our midst.” He recognized that this
struggle against radical Islamists will never be won unless Muslims
themselves become as outraged as non-Muslims when terrorists kill in the
name of Islam.

No program battling radicalization, recruiting, or other extremist
activities makes sense unless is it rooted in identifying the enemy—an
Islamist ideology that promotes the slaughter of innocents to support a
radical agenda.
Do Not Neglect Our Own Backyard

The U.S. must pay attention to the transnational criminal cartels in Mexico
as well as established networks by Hamas, Hezbollah, Iranian intelligence,
and other terrorist organizations throughout Latin America. In particular,
it is time to recognize that the Mexican cartels have features of both
terrorist networks and insurgencies.

The U.S. must take concrete steps to expand its security umbrella in the
Western hemisphere—that means a more comprehensive cooperative strategy
with Mexico in combating the cartels beyond the Merida initiative.[3] In
addition, inviting Mexico to join the North American Air Defense Command
(NORAD) would be the right first step for a better multinational effort to
make North America safer and more secure. Making NORAD an effective
instrument will require more than just adding another member. Effective
teamwork will require more training and information sharing. Only through
mutual cooperation, enhanced understanding, and increased flexibility can
NORAD keep North America safe in the 21st century.

Given the U.S. military’s responsibility to monitor air and sea approaches
to the United States, NORAD could make significant contributions to
counternarcotics efforts through the air and maritime warning portions of
its mandate, particularly if NORAD was expanded to include Mexico. The
Merida Initiative, which will increase drug enforcement cooperation among
the United States, Mexico, and Central America, is not focused on detecting
foreign crafts, but rather on improving the resources, training, and
methods of the law enforcement agencies responsible for drug control. If
the Merida Initiative is to succeed, it must enable Mexican and Central
American police agencies to better identify drug smuggling suspects, find
evidence against them, and uncover hidden drugs.

While the Merida Initiative provides surveillance aircraft and detection
equipment, it relies heavily on local law enforcement and on human
intelligence gathering. An expanded NORAD could provide additional
hardware, particularly radar equipment, which would complement efforts
already underway. A joint command structure would facilitate intelligence
sharing and the exchange of effective practices. Better coordination and
interoperability would benefit all countries involved. Mexico’s inclusion
in NORAD could serve as the basis of a new multinational and multi-agency
partnership for counternarcotics operations in North America.
The U.S. Needs the Right Military-Intelligence Team

An effective global strategy requires a robust tool kit that can address a
range of tasks, not a few individual tools that have limited application.
The U.S. must invest in the building blocks of both conventional and
irregular warfare capabilities. Every threat cannot be predicted and
Pentagon procurement cycles can take decades to yield finished products.
Therefore, the military should plan around a broad strategy and hedge
against various risks by building core capabilities that can meet a range
of future requirements. Many of these fundamental capabilities—including
air dominance, maritime control, space control, and counterterrorism and
counterinsurgency measures—require next-generation equipment that is not
yet in the hands of the military, but is affordable under current budget
projections.

Before 9/11, 15 years of Pentagon underfunding and military budget cuts
were intended to save money. Ironically, these political decisions have
instead forced American taxpayers to spend billions more than necessary.
This is because it is far more cost-effective in the long run to pro­vide
sustained funding to the military and perform consis­tent maintenance and
regular upgrades than it is to allow the military to collapse, and then
rebuild it virtually from scratch. Unfortunately, that is the direction in
which the U.S. mili­tary is headed. America’s armed forces are under stress
after eight years of constant combat in Iraq and Afghanistan and their
equipment is increasingly dated and aging rapidly.

Key to an effective global strategy is urgently addressing this problem by
funding the military’s pressing modernization needs. Politicians should not
repeat the destructive defense budget cuts of the 1990s in the shortsighted
but politically convenient belief that world peace is nigh. Nor should
policymakers view defense cuts as a source of revenue to pay for ballooning
domestic programs. Rather, Congress should sustain a “core” defense budget
of at least 4 percent of gross domestic product (GDP) for five to 10 years
to alleviate next-gener­ation military equipment shortfalls, maintain
readiness, and sustain current operations.
What is Needed on the Home Front

Effective domestic counterterrorism programs and cooperative efforts to
thwart terrorist travel and financing are the most effective tools to keep
a global insurgency from flooding America’s shores.

Rather than talking about the need for state and local “information
sharing,” which really just means sending information to the federal
government, the U.S. should first properly apportion roles and
responsibilities between the federal government and states and localities
based on the respective resources that each possesses (money, people, and
experience). What is needed is a national domestic counterterrorism and
intelligence framework that clearly articulates how intelligence operations
at all levels should function to combat terrorism, while keeping citizens
safe, free, and prosperous.

With at least 40 known plots foiled since 9/11, the United States continues
to face a serious threat of terrorism. As such, national security
investigators continue to require the tools and authorities to track down
terror leads and dismantle plots before the public is in any danger. Those
tools include the authorities provided by the PATRIOT Act, which served to
modernize intelligence and legal authorities, ensuring that terrorism
investigators have the same tools as those available in criminal
investigations. Yet despite the fact that no provision contained within the
PATRIOT Act has been found unconstitutional, and in most cases its
provisions have more procedural safeguards in place than similar criminal
investigative tools, Congress has not yet elected to make the entirety of
the act permanent. This has left three key provisions—the Roving
Surveillance Authority, the Business Record Orders, and the Lone Wolf
Provision—subject to repeated authorizations. The continued success of U.S.
counterterrorism efforts requires that these sunset provisions not expire.
Instead the Administration should seek permanent authorization for them.

Countering violent extremism is an important complementary effort to an
effective counterterrorism strategy. This August, the U.S. government
released a plan called “Empowering Local Partners to Prevent Violent
Extremism in the United States.”[4] The strategy focuses on outlining how
federal agencies can assist and empower local officials, groups, and
private organizations to prevent violent extremism. It includes
strengthening law enforcement cooperation and helping communities
understand how to protect themselves against and counter extremist
propaganda (particularly online). Unfortunately, this plan is not a true
strategy. It fails to assign responsibilities and direct action and
resource investments. More must be done to transform a laundry list of good
ideas into an effective program to support communities in protecting and
strengthening civil society.

Furthermore, the U.S. must retain and expand robust programs that thwart
terrorist travel. Specifically, the Visa Waiver Program, which allows
citizens of member countries to travel to the U.S. for up to 90 days
without obtaining a visa, and prevents terrorists, criminals, and other
dangerous travelers from setting foot on U.S. soil by requiring
pre-screening of passengers, should be expanded to include other key U.S.
allies. Likewise, the Secure Flight program, which ensures that known or
suspected terrorists are prevented from boarding commercial airplanes in
the U.S. by checking passenger data against all available information on
known or suspected terrorists, should also be further developed by improve
passenger name record (PNR) data. Further, efforts should also be taken to
fully implement the stalled Visa Security Officer program, which would
place security officials at consular offices to oversee visa issuance and
conduct interviews.

Finally, the U.S. should also stop senseless security measures that are
unworkable or add little value, while consuming scarce resources. These
include a national biometric exit program and a 100 percent interview
requirement for all visa applicants, which only serve to throw money at the
problem at the expense of true security. These programs demand enormous
investments in tools that do not provide commensurate benefits in combating
terrorist travel or enforcing U.S. immigration laws. Current tools are
sufficient for tracking foreigners exiting the country and compliance with
U.S. immigration laws. Visa interviews should be based on “risk,” ensuring
that resources are focused on classes of persons, states, and individuals
of greatest concern.
Providing for the Common Defense

Paying for this strategy does not require more national security spending.
On the other hand, the strategy recognizes that the U.S. cannot protect
itself on the cheap. Nor is it necessary for Americans to compromise on
their security in order to restore the nation’s fiscal health. National
security is not the source of the nation’s economic woes. On the contrary,
as a percentage of national wealth, the U.S. is spending about half what it
did during the Cold War to protect all Americans from a variety of dangers
(including transnational terrorism and insurgencies). Compromising on
security to balance the budget would not only make the nation less safe—it
would not solve the fiscal problem. Federal spending on entitlement
programs is growing at an unsustainable rate. High levels of taxation and
excessive government regulation retard economic growth. Unless these
challenges are addressed it will be impossible to get government spending
under control. These are the areas of government where restraint must be
exercised—not gutting national security spending. Effective security
contributes to the goal of promoting economic growth by helping create the
conditions to keep the nation safe, free, and prosperous.

The Heritage Foundation Counterterrorism Task Force has pointed out areas
in the President’s new strategy where there are efficiencies to be gained
by discontinuing practices that are wasteful and not efficacious. Those
savings should be reinvested in the security efforts that *are* needed. It
would be a grave error to abandon a robust counterterrorism strategy on the
mistaken belief that it is not affordable. On the contrary, battling
terrorism is an investment that cannot be neglected.
*Task Force Members*

*James Jay Carafano, Ph.D. <http:///about/staff/c/james-carafano>**, Deputy
Director, The Kathryn and Shelby Cullom Davis Institute for International
Studies and Director, Douglas and Sarah Allison Center for Foreign Policy
Studies, The Heritage Foundation*

*Lisa Curtis <http:///about/staff/c/lisa-curtis>, Senior Research Fellow,
Asian Studies Center, The Heritage Foundation*

*Scott G. Erickson **, Domestic Law Enforcement Officer*

*James Phillips <http:///about/staff/p/james-phillips>, Senior Research
Fellow for Middle Eastern Affairs, Douglas and Sarah Allison Center for
Foreign Policy Studies, The Heritage Foundation*

*Matt Mayer <http:///about/staff/m/matt-mayer>, Visiting Fellow, The
Heritage Foundation*

*Paul Rosenzweig <http:///about/staff/r/paul-rosenzweig>, Visiting Fellow,
The Heritage Foundation*

*Charles "Cully" Stimson <http:///about/staff/s/charles-cully-stimson>,
Senior Legal Fellow, Center for Legal & Judicial Studies, The Heritage
Foundation*

.




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