Sat 15 May 2004
Chapter four of Paul Pillar’s wonderful book is, quite possibly, the most important and informative segment of the book. Weighing in at a hefty fifty-six pages, the chapter is by far the longest in the work, and is thoroughly footnoted. This is the meat of Mr. Pillar’s opus.
Chapter four is, in essence, a description of the various techniques that can be employed against terrorism. The author does a fantastic job of discussing and analyzing diplomacy (working with other governments), criminal prosecution, the interdiction of financial assets, military force (although he stops short of discussing complete war), and intelligence (including “possible use […] for covert action” (73)). He also discusses the interrelationships between these various tactics, and how counter-terrorist instruments are tied together in the government bureaucracy.
One of the points the author highlights is the problem of trying terrorists for capital crimes. As he points out, “most governments that do not themselves have capital punishment, including members of the European Union, will not extradite fugitives to the United States without an explicit agreement that the death penalty will not be sought” (85). “Moreover,” he observes, “many countries will not even provide evidence for prosecution of a terrorist without receiving such assurances” (85). The author’s point is particularly valid, since using the policy of criminal justice against terrorists necessarily introduces the entrenched legal element (of opposition to the death penalty), rather than simply keeping it as a foreign policy decision. Furthermore, since the governments of other nations have no pressing reason to hand over custody to American authorities (without a costly incentive), trying terrorists under penalty of death hamstrings the criminal justice system. True, keeping prisoners alive and well cared for is expensive, but it’s well worth the gains that follow (additional evidence, and custody of suspects).
The author makes another salient point during his discussion of criminal justice, this time relating to the investigative capabilities of the FBI. As Pillar notes, law enforcement officers should not be singularly concerned with getting a conviction in US criminal courts. They “constitute an impressive investigative capable” (92), Pillar observes, and should be exploited for “unearthing and interpreting information about the activity of international terrorists” (94). These intelligence gathering operations might include, for instance, “gathering information in support of administrative actions or simply helping to find out more about a murky terrorist-related situation (such as the Bangkok incident)” (94). This capability can be used to supplement other facets of US counter-terrorism policy, and is an effective resource that needs to be utilized.
When discussing the use of limited military force (such as a commando raid), the author advises caution. He notes the Israeli track record in dealing with terrorist incidents, and shows how even the finest commando teams are bound to fail sometimes. The risks of a botched operation are great (see, for example, the problems Israel suffered when its agents were caught in Jordan), and “the operative word [here] is ‘chance’” (99). As Pillar wisely recommends, “any decision to use military force in this mode should anticipate - and be well prepared to deal with the consequences of - failure as a possible outcome.” The point being that while commando strikes can be a valuable counter-terrorist weapon, the risks of using them have to be carefully weighed against the rewards.
On the issue of assassination as a viable counter-terrorism instrument, Pillar leans towards not declaring it as such, but still leaving open it as an option if absolutely essential to US policy objectives. After analyzing the results of the Israel assassination policy, Pillar concludes that “there are particular leaders whose elimination probably would seriously weaken their groups and thereby reduce terrorism, but that there are many other cases in which an assassination […] is at least as likely to be counterproductive” (122). However, his opinions are more towards the belief that assassination “should not be relied on as a counterterrorist instrument” (122-3), and should only be engaged in after thorough analysis and debate. However, I think that he undervalues the tactic. As Gal Luft aptly argues, assassination can often be an effective policy instrument. Does that mean it should be institutionalized? Of course not. As Pillar explains, there is currently an international norm against assassination, and institutionalizing assassination would degrade the value of that norm (other national leaders would become worried over possible assassination attempts). However, use of the tactic against terrorists (such as through CIA Hellfire missile attacks) does not degrade the norm, as terrorists are classified distinctly from states (and their methods give the US a reasonable pretext to use assassination). Furthermore, if the US does not make assassination an official policy, but instead uses the method “off the books,” it will not set off an “arms” race.
The one method the author does not tackle is, however, total war against terrorists and terrorist-sponsoring states (e.g. the US invasion of Afghanistan). At the time the book was published, this type of response to terrorism was out of the question, and could not be justified. However, it is still a valid option for counter-terrorism, and must be considered along with everything else.