Disarmament and International Security Committee

JHUMUNC 2017 1 Disarmament and International Security Committee

Topic A: Use of Combat and Reconnaissance Drones in Armed Conflict

Topic B: Homegrown and Foreign Fighter Phenomenon

Committee Overview Topic A: Use of Combat and Reconnaissance Drones in The Disarmament and International Security Committee (DISEC), referred to as Armed Conflict the First Committee of the United Nations General Assembly, was founded as one of Introduction the six, main General Assembly committees, primarily dealing with maintaining world The US drone policy recently made peace and security at an international level. headlines when the Pentagon stated that a Founded right after the conclusion of the senior..al-Shabaab official, Hassan Ali devastating World War II, DISEC strives to Dhoore, had been killed in a drone strike in promote global equality and cooperation in Somalia.2 Similar claims were made matters of disarmament and international regarding Pakistani commander security1. Topics that have been discussed in Khan Said Sajna3 and ISIS’ Mohammed past DISEC sessions include: nuclear Emwazi (a.k.a. “Jihadi John).4 Over the disarmament, the proliferation of weapons course of the past one and a half decades, of mass destruction, tensions between the US presidents have authorized around 3,300 Democratic People’s Republic of Korea and such drone strikes.5 the Republic of Korea, cyber warfare and regional conflicts in sub-Saharan Africa. 2 Dearden, L. (02. 02 2016). Al-Shabaab leader This year’s forum will involve the Hassan Ali Dhoore 'killed' in US drone strikes in discussion of the utilization of drones in Somalia. Independent: armed conflict (Topic A) and homegrown http://www.independent.co.uk/news/world/africa/al- terrorism (Topic B). It is important to keep shabaab-leader-hassan-ali-dhoore-killed-in-us-drone- the committee’s primary objectives in mind strike-in-somalia-a6964736.html 3 Khan, H. (26. 11 2015). Taliban when collaborating and developing realistic commander allegedly killed by drones. Aljazeera: and effective resolutions. http://www.aljazeera.com/news/2015/11/pakistan- taliban-commander-allegedly-killed-drones- 151126094717789.html 4 British Broadcasting Corporation. (19. 01 2016). 'Jihadi John' death: Islamic State says Mohammed Emwazi killed. BBC UK: http://www.bbc.com/news/uk-35358101 1 Borade, G. (2013, July 20). DISEC – Disarmament 5 The Bureau of Investigative Journalism. (12. 10 and International Security Committee. Retrieved 2016). Get the Data: Drone Wars. from http://www.academicdestressor.com/disec- https://www.thebureauinvestigates.com/category/proj disarmament-and-international-security-committee/ ects/drones/drones-graphs/

2 Drones have not only penetrated the United Nations cannot afford to be military sphere, but are also used in medical apathetic; it must adapt to the realities of emergencies and commercial deliveries. The armed conflict in the 21st century. The world’s largest internet retailer Amazon, for Disarmament and International Security example, is currently testing drones to Committee must play an active role in this deliver goods to customers. However, in our discussion – first and foremost by putting committee, we will limit our discussion to forth guideline recommendations. the use of combat and surveillance drones in Even though the proliferation of armed conflicts. This excludes all uses of combat and surveillance drone technology drones, which are not related to military will not revolutionize international politics operations and the acquisition of to the same extent as the proliferation of intelligence. weapons of mass destruction did, drones Unmanned aerial vehicles, more could act as destabilizing agents commonly known as “drones”, are nonetheless. It is upon the international becoming an increasingly significant community to prevent the outbreak of a element of modern warfare. According to drone arms race, which would have far- Georgetown University professor Daniel reaching and long-lasting ramifications. Byman, they have already become the US Hence, the member states of the United administration’s weapon of choice – with Nations General Assembly should examine other nations soon to follow.6 Drone whether or not an international regulatory program advocates draw attention to the framework would be feasible and if so, system’s impressive cost-effectiveness ratio debate what this framework would and to its practicality in counter-terrorism encompass. operations. Critics, on the other hand, highlight the vast number of civilian casualties brought about by drone strikes. Terminology The Bureau of Investigative Journalism contends that 900 civilians were killed in US drone strikes in 2011 alone7. The term “drone” is too ambiguous With the eruption of a global debate for our purposes. Colloquially, the term about the ethical justifiability of drone “drone” is used to describe anything from a strikes, a sharp rise in the number of said quadcopter to a cargo drone to a General strikes and the proliferation of armed drone Atomic MQ-9 Reaper. It is an imprecise technology, the subject matter is more umbrella term, which refers to any aircraft pressing than ever. As the world’s largest without a human pilot aboard. That’s why international organization, the United the term “unmanned aerial vehicle” (UAV) Nations has a responsibility to foster is often used synonymously with the term dialogue on this issue and formulate a “drone”. The International Civil Aviation standardized set of rules regulating the use Organization (ICAO) and the US Federal of combat and surveillance drones. The Aviation Administration (FAA) use the term “unmanned aircraft system” (UAS) to reflect the fact that UAVs can include ground 6 Byman, D. (2013). Why Drones Work. Foreign stations and other elements besides the Affairs, 11. actual aerial vehicles.8 UAS should be 7 The Bureau of Investigative Journalism. (12. 10 2016). Get the Data: Drone Wars. https://www.thebureauinvestigates.com/cate 8 TheUAV. Unmanned Aerial Vehicles. gory/projects/drones/drones-graphs/ http://www.theuav.com/#31

3 regarded as the official term. To avoid any members of the armed forces of a party to confusion: the terms “remotely piloted aerial the conflict are combatants, except medical vehicle” (RPAV) and “remotely piloted and religious personnel.”10 Some aircraft system” (RPAS) refer to drones, jurisdictions expand the definition of a non- which are controlled via remote control. combatant to include individuals, who are UAVs and UASs are controlled either part of the armed forces but do not have a autonomously by onboard computers or via combat mission.11 remote control. Furthermore, synonyms for Furthermore, it is worth noting that RPAVs and RPASs include: “remotely the US government classifies any male, who controlled aerial vehicle,” “remotely is of military age and in close proximity of a controlled aircraft system,” “remotely targeted individual, as a combatant. If such operated aerial vehicle,” and “remotely an individual is killed during a drone strike, operated aircraft system.” In our committee, he will not be counted towards civilian we will focus on unmanned combat aerial casualties, unless he is proven to be vehicles (UCAVs) and unmanned innocent.12 Such investigations are, of reconnaissance aerial vehicles (URAVs). course, not prioritized. Missiles and cruise missiles shall not be One should also distinguish between categorized as UCAVs. a combatant, and an unlawful or underprivileged combatant. Combatants Key Definitions have the right to participate directly in As a DISEC delegate, your aim will hostilities; they have a “license to kill or be to draft and eventually pass resolutions wound enemy combatants and destroy other on the use of UCAVs and URAVs in armed enemy military objectives.”13 The term conflicts. While resolutions passed in the “unlawful/unprivileged combatant” is used First Committee of the UN General to describe all individuals taking a direct Assembly are not legally binding, they fall part in hostilities without being entitled to under the category of international law do so14. Members of militias, civilians nonetheless. Hence, it is crucial that you use taking part in hostilities, child soldiers, spies precise language and the correct terms and mercenaries are examples of relevant to this topic. The most important unlawful/unprivileged combatants. terms have been defined below.

Targeted Killing: According to a UN special report, are “premeditated 10 International Committee of the Red Cross. Rule 3: acts of lethal force employed by states in Definition of Combatants. Customary time of peace or during armed conflict to International Humanitarian Law: https://ihl- eliminate specific individuals outside their databases.icrc.org/customary- custody.”9 The term is not distinctly defined ihl/eng/docs/v1_cha_chapter1_rule3 11 Ibid. under international law. 12 Master, J. (23. 05 2013). Targeted Killings. Council on Foreign Relations: Combatant: Customary international http://www.cfr.org/counterterrorism/targeted humanitarian law defines combatants as “all -killings/p9627 13 Dörmann, K. The Legal Situation of Unlawful/Unprivileged Combatants. 9 Master, J. (23. 05 2013). Targeted Killings. Council International Committee of the Red Cross: on Foreign Relations: https://www.icrc.org/eng/assets/files/other/ir http://www.cfr.org/counterterrorism/targeted rc_849_dorman.pdf -killings/p9627 14 Ibid.

4 Civilian: A person is a civilian if he/she is The Pakistani government claims not a member of the armed forces, a militia that the US government is breaching or volunteer corps (provided this Pakistani sovereignty be executing drone militia/volunteer corps fulfills the conditions strikes over its territory without its outlined in Article 3(A)(2) of the Third permission. Some political analysts believe Geneva Convention) or a resistance this statement to be a scam to cater to movement.15 Civilians are “entitled to Pakistan public opinion.19 But in reality, the general protection against the dangers Pakistani government may welcome the arising from military operations.”16 In line drone strikes, as its own efforts against the with customary international humanitarian Taliban terror organization have been law, all parties to a conflict must largely ineffective. differentiate between civilians and combatants17. Attacks may only be directed Peacetime assassination: The term against combatants. “peacetime assassination” is defined as the killing of an individual for political purposes Collateral damage: The term “collateral in times of peace. Peacetime assassinations damage” is used when non-combatants are are banned under US domestic law. Hence, killed during attacks on enemy targets. The the US must declare that it is at war with a term also refers to non-combatant property. particular nation of group before targeting Collateral damage must be avoided at all the members of the respective nation or costs. group.

Sovereignty. The word “sovereignty” is Double tap strike: When a perpetrator defined as a state’s authority to govern itself deliberately strikes a target a second time without being influenced by external actors shortly after the first strike, one uses the (both non-state and state actors). Article 2(7) term “double tap strike.” After the first of the UN Charter manifests this right; it strike, it is likely that civilians gather at the forbids the organization as well as other targeted location to take care of those, who member states to “intervene in matter which have been injured, or to retrieve the corpses. are essentially within the domestic A second strike would probably kill or jurisdiction of any state”18. injure these civilians. Double tap strikes are illegal, yet still occur. In 2013, numerous international media outlets (e.g. BBC, CCN and the New York Times) reported that 15 International Committee of the Red Cross. Rule 5: rescuers had been killed in double tap US Definition of Civilians. Customary drone strikes in Pakistan between the May International Humanitarian Law: https://ihl- 20 databases.icrc.org/customary- 24 and July 23, 2012. ihl/eng/docs/v1_rul_rule5 16 Ibid. 17 International Committee of the Red Cross. Rule 7: The Principle of Distinction Between 19 Shah, A. (17. 05 2016). Drone Blockback in Civilian Objects and Military Objectives. Pakistan is a Myth. The Washington Post: Customary International Humanitarian Law: https://www.washingtonpost.com/news/mon https://ihl-databases.icrc.org/customary- key-cage/wp/2016/05/17/drone-blow-back- ihl/eng/docs/v1_rul_rule7 in-pakistan-is-a-myth-heres-why/ 18 United Nations. Chapter 1: Purposes and 20 McKelvey, T. (22. 10 2013). Drones kill rescuers Principles. The United Nations Charter: in 'double tap', say activists. BBC: http://www.un.org/en/sections/un- http://www.bbc.com/news/world-us-canada- charter/chapter-i/index.html 24557333

5 Historical Background Leading Systems Incorporated developed a small but powerful UAV, which would later become known as the GNAT 750. It was The development of powered UAVs equipped with a flat-four piston engine and dates back to the First World War, when had the ability to fly up to 12 hours.26 Many Archibald Low constructed the so-called labelled it as the first modern drone, stating “Aerial Target.”21 The technology was that the invention of the GNAT 750 marked further advanced during the interwar period. the beginning of a new era in air warfare. In During World War II, Nazi Germany used 1990, Leading Systems Incorporated was UAVs to train anti-aircraft gunners and to swallowed by US defense contractor fly attack missions.22 At the same time, the General Atomics.27 Consequently, the US Navy and the US Army Air Forces tried GNAT 750 found its way into the CIA to crash B-17 and B-24 bombers, which Special Operations Group arsenal. It was were controlled by radio signal, into Nazi first used by the CIA to retrieve intelligence targets.23 However, all of the attempts were over the territory of former Yugoslavia in deemed unsuccessful. 199428. In the late 1990s, General Atomics During the Vietnam War, the US introduced a larger UAV, which was based military deployed RPAVs, so-called on the GNAT. It was given the name Lightning Bugs, to fly reconnaissance “Predator.”29 missions.24 Then, a year after the Paris Back in 2000, US government Peace Accords were signed, the focus of US officials claimed had been military officials shifted away from drones. located during a Predator reconnaissance Israel took the lead in drone development. mission. It was then that the Predator proved The Middle-Eastern country first put its itself to be an essential intelligence asset. URAV capabilities on display during the Nonetheless, military personnel became 1973 Yom Kippur War and then later on frustrated with how difficult it was to act on during the 1982 Lebanon War.25 In the this intelligence. There was always a delay following years, Israeli drone manufacturer between the retrieval of intelligence and the subsequent capture or kill mission.30 This

21 Shaw, I. G. History of U.S. Drones. Understanding put US troops at risk. National security Empire: officials responded to these concerns by https://understandingempire.wordpress.com/2-0-a- ordering the weaponization of drones. brief-history-of-u-s-drones/ The first weaponized Predator, 22 Sifton, J. (07. 02 2012). A Brief History of Drones. armed with Hellfire missiles, flew missions The Nation: https://www.thenation.com/article/brief- history-drones/ over Pakistani territory. Owing to global 23 Bowden, M. (11 2013). How the Predator Drone Changed the Character of War. Smithsonian Magazine: 26 Sifton, J. (07. 02 2012). A Brief History of Drones. http://www.smithsonianmag.com/history/how-the- The Nation: https://www.thenation.com/article/brief- predator-drone-changed-the-character-of-war- history-drones/ 3794671/ 27 Cole, C. (06. 10 2014). Rise of the Reapers: A 24 Shaw, I. G. History of U.S. Drones. Understanding Brief History of Drones. Drone Wars Empire: UK: https://dronewars.net/2014/10/06/rise-of-the- https://understandingempire.wordpress.com/2-0-a- reapers-a-brief-history-of-drones/ brief-history-of-u-s-drones/ 28 Ibid. 25 Cole, C. (06. 10 2014). Rise of the Reapers: A 29 Ibid. Brief History of Drones. Drone Wars UK: 30 Sifton, J. (07. 02 2012). A Brief History of Drones. https://dronewars.net/2014/10/06/rise-of-the-reapers- The Nation: https://www.thenation.com/article/brief- a-brief-history-of-drones/ history-drones/

6 telecommunications, operators could control governments release little to no information this UAV from any location worldwide. The on this. Yet, it is sensible to assume that first drone strike, executed by the Predator, reconnaissance drones are used extensively, took place in November, 2001 over even during peacetimes. Just recently and ; the first lethal strike wasn’t for the first time ever, URAVs were used in executed until about a year later over a UN peacekeeping and stabilization Yemeni territory.31 This event represents a missions.34 milestone in drone warfare. Now military personnel could kill any individual Contemporary Conditions anywhere at any given time. Yet, it is worth mentioning that the first publically known drone strike was not executed until 2004.32 As of now, ten countries are believed The ethical debate pertaining to the use of to own UCAVs – with many more having armed drones erupted soon after. announced plans to develop such Combat drone technology has been technology.35 Reconnaissance drone used primarily by the Israeli, US and UK technology is believed to be more widely militaries. However, in 2016, this list spread, as it is much more accessible. Given lengthened to include Hezbollah, Iran, these prospects, the US monopoly over Pakistan, Nigeria and . Drone strike UAVs could crumble within the next decade campaigns have played an essential role in – especially now that the demand for drones numerous conflicts, including but not manufactured in China is increasing. limited to: the counterinsurgency campaign In recent years, combat and against the al-Qaeda branch AQAP in reconnaissance drone programs have Yemen (1998-present), the War in generated much controversy. Proponents Afghanistan (2001-present), the praise unmanned aerial systems for their (2003-2011), the war against Taliban, al- precision and range. They also note that the Qaeda and ISIS members in North-West use of drones practically eliminates the Pakistan (2004-present), the struggle in human risk associated with targeted killing Somalia against al-Shabaab (2009-present), missions. Meanwhile, critics argue that too the offensive against in Nigeria many of those killed in drone strikes are (2009-present), the Israel-Hamas conflicts civilians and that the continued use of and in the military intervention against ISIS URAVs could spur tensions and distrust. in Iraq and Syria (2014-present). Some They also fear that military interventions sources state that strikes have also been will become a more frequent phenomenon, carried out in Sudan and the Philippines33. now that the use of drones is becoming the It is difficult to determine in which norm. It is not surprising that these conflicts URAVs have been deployed, as diverging opinions have given rise to a heated global discussion about the use and proliferation of UCAVs and URAVs. 31 Cole, C. (06. 10 2014). Rise of the Reapers: A Brief History of Drones. Drone Wars UK: https://dronewars.net/2014/10/06/rise-of-the-reapers- 34 Sengupta, S. (02. 07 2014). Unarmed Drones Aid a-brief-history-of-drones/ U.N. Peacekeeping Missions in Africa. The New 32 Ibid. York Times: 33 Akbar Ahmed, F. M. (05. 03 2012). Deadly Drone http://www.nytimes.com/2014/07/03/world/africa/un Strikes on Muslims in the Southern . armed-drones-aid-un-peacekeepers-in-africa.html Brookings: 35 International Security Program. World of Drones. https://www.brookings.edu/opinions/deadly-drone International Security: strike-on-muslims-in-the-southern-philippines/ http://securitydata.newamerica.net/world-drones.html

7 The media played a significant role two Paveway missiles) amounts to in igniting this debate. Over the past few $320,000. For comparison—a fighter jet years, drone programs, especially that of the with a similar mission, the Boeing F/A- US, have moved evermore into the spotlight. 18E/F Super Hornet, costs $60.9 million.39 The media coverage of drones strikes in five The deployment of one soldier to selected US news outlets nearly doubled Afghanistan amounts to around $2.1 million between 2009 and 2012, from 326 to 625 per year.40 The difference between the articles.36 Several news outlets, such as the financial burdens on taxpayers is also Al Jazeera Media Network, invest vast noticeably large; US taxpayers spend amounts of resources into their reportage of $936,703 per hour on F-35 fighters and only drone strikes in the Middle East and $116,063 on Predator and Reaper drones.41 Northern Africa. Other organizations, such as the Bureau of Investigative Journalism or Pro #2 – Capabilities Airways, construct enormous databases, Drone programs proponents are recording all kinds of information pertaining quick to highlight the impressive capabilities to drone strikes. They document the number of UAVs. Drone strikes are precise and can of strikes, the location thereof and the be diverted at the last second to avoid number of victims. On top of that, they also civilian casualties. UAVs can hover over a try to use local sources to verify the victims’ target for up to 14 hours without refueling, identities.37 Clearly, the media has placed enabling them to gather high-quality the issue regarding the use of combat and intelligence or strike at the optimal time.42 It reconnaissance drones into the public eye. is also highly unlikely that they are spotted Yet, one should be careful to assume that from the ground below. Moreover, UCAVs increased public scrutiny has resulted in are very responsive to time-sensitive targets, increased public discontent – especially since they attach missiles to a surveillance amongst the US population. platform.43 This makes them highly suited to rapid-reaction operations. The Pros and Cons of Using UAV Pro #3 – Superiority Over Alternative Technology in Armed Conflicts Methods Pro #1 – Financial Cost International security expert Daniel UAVs are a low-cost alternative to Byman argues that critics of drone programs conventional air strikes and land operations. fail to “take into account the fact that the A single MQ-9A Reaper UCAV costs alternatives are either too risky or approximately $14.75 million.38 The total cost of one weapons load (four Hellfire and 39 Boeing F/A-18E/F Super Hornet. (26. 06 2016). Aeroweb: http://www.bga-aeroweb.com/Defense/F- 36 McKelvey, T. (2012). Media Coverage of the 18-Super-Hornet.html Drone Program. Harvard Kennedy School 40 Krumboltz, M. (25. 10 2013). Report: it costs $2.1 Shorenstein Center on Media, Politics and Public million per year for each soldier deploying in Policy: http://shorensteincenter.org/media-coverage- Afghanistan. Yahoo News: of-the-drone-program/ https://www.yahoo.com/news/it-costs--2-1-million- 37 The Bureau of Investigative Journalism. (12. 10 per-year-for-each-soldier-deployed-in-afghanistan— 2016). Get the Data: Drone Wars. report-133150602.html?ref=gs https://www.thebureauinvestigates.com/category/proj 41 Cost of National Security. National Priorities ects/drones/drones-graphs/ Project: https://www.nationalpriorities.org/cost-of/ 38 MQ-9 Reaper. (23. 09 2015). U.S. Air Force: 42 Byman, D. (2013). Why Drones Work. Foreign http://www.af.mil/AboutUs/FactSheets/ Affairs, 11. Display/tabid/224/Article/104470/mq-9-reaper.aspx 43 Ibid.

8 unrealistic.”44 Sending a capture or kill Drone operations do not require a single mission after every single senior member of soldier on the ground; the systems can be a terrorist organization would cost too much controlled from nearby bases or from across – both financially and in terms of bloodshed. the globe. Using UAVs enables perpetrating UAVs completely remove the risk of troop nations to intervene, but at the same time death from the equation. At no point in time allows them to reduce the size of their are the pilots in harm’s way. Yet, this is both military footprint. This is appreciated by the a pro and a con argument, as will be general public, as shown by current approval discussed later on. ratings; roughly 60 percent of Americans Furthermore, supporters claim that agree with their country’s drone program.47 drone strikes cause fewer civilian casualties Admittedly, drone strikes violate the than alternative methods would. This is local state’s sovereignty; however, they do because “drones are the most discriminating so “to a lesser degree than would putting use of force that has ever been developed,” foreign boots on the ground or conducting a as stated by NYU School of Law professor large-scale air campaign.”48 The Iraq War Richard Pildes.45 On top of that, drone demonstrated what calamitous consequences strikes kill those, whose sole intention is to a full-scale foreign invasion can have; since harm civilians. The number of civilian then, effectivity is valued over scale. This deaths caused by potential terrorist attacks mindset is partly responsible for bringing dwarfs any estimate of civilian casualties well-budgeted drone programs into brought about by drone strikes. That is, existence. extraordinary circumstances and the infeasibility of alternative methods make drone strikes a necessary evil. In the words of US President Barack Obama in 2013: Pro #5 – Practicality in Counter-Terrorism “Neither conventional military action or Operations waiting for attacks to occur offers moral safe UAVs are well-suited to combat harbor.”46 guerilla tactics; hence, they are the weapon of choice in counter-terrorism operations. Pro #4 – Reconcilability with Public They combine reconnaissance with attack Opinion capabilities, allowing governments to take The use of UCAVs and URAVs in out key individuals within extremist groups armed conflicts is compatible with the recent discreetly and effectively. By using UCAVs shift in public opinion. In most countries, to eliminate members that act as links especially in industrialized ones, the public’s between different parts of a terrorist appetite for long, expensive wars is waning. organization, military officials can cause entire networks to collapse. Furthermore, in 44 Ibid. response to the surge in lethal drone strikes, 45 Bowden, M. (11 2013). How the Predator Drone terrorists have been avoiding the use of Changed the Character of War. Smithsonian Magazine: http://www.smithsonianmag.com/history/how-the- predator-drone-changed-the-character-of-war- 3794671/ 47 Al Jazeera. (21. 08 2014). A Decade of Drones. 46 Obama, B. (23. 05 2013). Remarks by the Aljazeera English: President at the National Defense University. The http://www.aljazeera.com/indepth/interactive/2014/0 White House: https://www.whitehouse.gov/the-press- 8/decade-drones-201482053438553820.html office/2013/05/23/remarks-president-national- 48 Byman, D. (2013). Why Drones Work. Foreign defense-university Affairs, 11.

9 electronic devices and large gatherings.49 targeted individuals were amongst the Therefore, one could argue that drone deceased ones. warfare compromises the ability of terrorist groups to communicate – both internally and Con #2 – Negative Impacts on Insurgency externally. Trends It has been claimed that lethal drone Con #1 – Ever-Present Risk of Civilian strikes actually intensify terrorist activity. Casualties Reports have surfaced that drone programs Nevertheless, while utilizing modern of foreign powers are used as a recruitment UCAV technology may lower the likelihood tool for extremist organizations.52 These of civilian casualties, a certain residual risk groups display the perpetrator (actor remains. Critics often cite this argument carrying out drone attacks) as the common when calling for a halt of drone programs, in enemy, who threatens both their survival the belief that one innocent life lost is one and the security of the civilian population. life too many. Proponents respond to this Oftentimes this leads to a radicalization of sentiment by arguing that civilian casualties the public’s views, causing it to align itself are the product of bad intelligence and not of with a ruthless dictator or a terrorist armed drone technology. However, it is organization in the struggle against the debatable whether those two matters are perpetrator. Drone strikes allow insurgents separable. or authoritarian leaders to present Moreover, critics are eager to themselves as the underdog, while the highlight the discrepancy between the attacker (in this case the West) is made out military objective and the reality of drone to be the bully. This is almost as effective a strikes. UCAVs usually target only a small propaganda device as the Guantanamo Bay number of individuals at a time; yet, in detention camp.53 It also highly likely that reality, as many as 30 people are killed per drone strikes targeting terrorist networks strike.50 In Yemen, for instance, 12 percent will provoke an increase in terrorist attacks of all those killed in drone strikes were against the local civilian population. civilians.51 Many call into question whether this amount of collateral damage is morally Con #3 – Military Intervention as Attractive justifiable. Option to Policy-Makers Adding to the discontent of critics is The use of UAV technology, as also the lack of accurate statistics. Reliable mentioned earlier, represents a low-cost and and confirmed information regarding the low-risk alternative to conventional warfare, identity of targeted individuals and of killed thereby making military intervention a more persons is nearly impossible to come by. attractive option for policymakers. As stated This is because governments themselves by Council on Foreign Relations fellows have difficulties with post-mortem Sarah Kreps and Micah Zenko: “The identification. Hence, we cannot know for inherent advantages of drones (not placing sure how many civilians died and if the pilots or grounded forces at risk of being

49 Byman, D. (2013). Why Drones Work. Foreign 52 Ed Pilkington, E. M. (18. 11 2015). Obama's drone Affairs, 11. war a 'recruitment tool' for Isis, say US air force 50 The Bureau of Investigative Journalism. (12. 10 whistleblowers. The Guardian: 2016). Get the Data: Drone Wars. https://www.theguardian.com/world/2015/nov/18/oba https://www.thebureauinvestigates.com/category/proj ma-drone-war-isis-recruitment-tool-air-force- ects/drones/drones-graphs/ whistleblowers 51 Ibid. 53 Ibid.

10 killed or captured) have lowered the spending, proven effectiveness of drones, threshold for the use of force.”54 Drones accessibility of sophisticated create a moral hazard. The benefits of communications and the notion that drones deploying UAVs outweigh the costs, which are a symbol of modernity and strength. isn’t always the case with piloted aircraft; The evidence indubitably points hence, government officials will be more towards the beginning of a drone arms race. willing to authorize military interventions This is a worrisome trend, as arms races involving UAVs.55 usually lead to sweeping remilitarization and This is alarming because government the deterioration of multilateral relations. and military officials are moving further and Moreover, while the proliferation of UCAVs further towards the unknown. Drone strikes will not make traditional interstate warfare combine the prospect of automation with the more likely, it could increase the prevalence minimization of pilot and political risk. The of limited military conflicts.60 This is violence of military force is entirely because the availability of armed drone separated from human emotion and instinct. technology warps the decision-making In a way, brutality becomes detached from process of government officials. In other humanity. The implications of this words, drones encourage policymakers “to phenomenon are entirely unknown – its act in ways that they might not if they had impact on military affairs even more so. only manned aircraft.”61 An increase in the number of drone powers will therefore likely Con #4 – Possibility of a Drone Arms Race heighten the potential for miscalculation and In the beginning of 2016, the military escalation. membership of the weaponized drone club Furthermore, it has been stated that reached double digits. At this moment in even the spread of URAVs could prove to time, the following countries are believed to have devastating ramifications. Sarah Kreps possess deployable armed drones: China, and Micah Zenko, for example, argue that Israel, Iran, Iraq, Nigeria, Pakistan, South the proliferation of “unarmed surveillance Africa, the and the United drones could increase the chances of more States. Two non-state organizations, Hamas lethal attacks by other types of weapons.”62 and Hezbollah, also make the list.56 Several If the intelligence gathered by EU countries, India, Saudi Arabia, Russia, reconnaissance drones is acted upon, this 57 Turkey, and the UAE are likely to follow. might very well be true. Currently, a total of 86 nations own armed and unarmed drones.58 In 2004, only 41 Con #5 – Legal Grey Zone states had a drone arsenal.59 The spread of Currently, there exists no UAV technology can be attributed to the international framework regulating the use following factors: increased defense of URAVs and UCAVs. The deployment of such technology is therefore subject to legal ambiguity. In most countries even domestic 54 Sarah Kreps, M. Z. (2014). The Next Drone Wars: laws, pertaining to the use of UAVs, are Preparing for Proliferation. Foreign Affairs. 55 Ibid. imprecise. In the , for instance, 56 International Security Program. World of Drones. it is unclear how and under what International Security: http://securitydata.newamerica.net/world-drones.html 57 Ibid. 60 Sarah Kreps, M. Z. (2014). The Next Drone Wars: 58 Sarah Kreps, M. Z. (2014). The Next Drone Wars: Preparing for Proliferation. Foreign Affairs. Preparing for Proliferation. Foreign Affairs. 61 Ibid. 59 Ibid. 62 Ibid.

11 circumstances drone strikes are authorized. Legality of Drone Strikes Just recently CIA director John Brennan The key to grasping the concept of claimed that “the president requires near- international law is understanding that, certainty of no collateral damage [before unlike domestic law, it is open to authorizing a drone strike]. But if he interpretation and difficult to enforce. believes it is necessary to act, he doesn’t Treaties are purposefully worded hesitate.”63 He did not specify what equivocally to promote global participation. determines the necessity of action. The And unlike nation states, the international definition of the term “near-certainty” is also system lacks a true law enforcement rather fuzzy. In 2014, the then-US Attorney mechanism. After all, neither the General Eric Holder asserted that drone International Criminal Court of Justice nor strikes are only authorized in the presence of the International Criminal Court has the an imminent threat and in compliance with authority to make arrests; these bodies must federal and international law.64 He offered respect the sovereignty of UN members. little explanation on what defines an And the deployment of a UN peacekeeping imminent threat and which mission requires the consent of the host federal/international laws the authorizing government. body must obey. While it is known that the On an international level, the only president himself “must approve operational legally binding treaties, which do not have plans to target overseas terrorist suspects to be ratified first, are resolutions passed by with drones outside war zones,”65 it is the UN Security Council. And as we all unknown how specific strikes are authorized know: these are subject to the interests and and on how targets are chosen. It seems as policies of the permanent five members though unidentified officials authorize drone (China, France, Russia, the UK and the US). strikes on undisclosed targets based on Hence, it is not surprising that whilst secret evidence – and this is not just the case violating international law is condemned by in the US jurisdiction. The legality of drone the general public, it is nothing unusual. strikes, with focus on international Drones are not explicitly mentioned humanitarian law, is discussed in the in any international weapon treaties.66 following section. However, the military use of UAV technology during a time of armed conflict is subject to international humanitarian law 63 Friedersdorf, C. (2016). The Obama (IHL) – as is the case with any weapon Administration's Drone-Strike Dissembling. The Atlantic. system. The problem here is that “drone 64 Groves, S. (13. 04 2013). Drone Strikes: The strikes challenge the international rule of Legality of US Targeting Terrorists Abroad. law precisely because they defy Heritage: straightforward legal categorization. […] http://www.heritage.org/research/reports/2013/04/dro Drone strikes constitute a serious, sustained ne-strikes-the-legality-of-us-targeting-terrorists- abroad and visible assault on the generally accepted 65 DeYoung, K. (06. 08 2016). Newly declassified meaning of certain core legal concepts, document sheds light on how president approves including ‘armed conflict.’”67 How does one drone strikes. The Washington Post: https://www.washingtonpost.com/world/national- security/newly-declassified-document-sheds-light- 66 Maurer, P. (10. 05 2013). The Use of Armed on-how-president-approves-drone- Drones Must Comply With Laws. (International strikes/2016/08/06/f424fe50-5be0-11e6-831d- Committee of the Red Cross, Interviewer) 0324760ca856_story.html 67 Brooks, R. (2013). Drones and the International Rule of Law. Georgetown University Law Center:

12 determine whether a country is in a state of “A state may act defensively when the armed conflict? Where does one draw the necessity of self-defense is instant, line between discrete uses of force and an overwhelming, leaving no choice of means armed conflict? These questions are further and no moment for deliberation.”69 After complicated when a country finds itself at 9/11, however, many states began to war with non-state actors (e.g. extremist or question this notion. When the US Congress terrorist groups). Is a nation at war once it passed the Authorization for Use of Military declares it is? Can a confrontation between a Force Against Terrorists (AUMF) in 2001, state and non-state entity ever be categorized the rules changed. The president now had as an “armed conflict”? If yes, under what the authority to “take action to deter and circumstances? What criteria must a non- prevent acts of international terrorism state actor meet to qualify as an against the United States.”70 With the organization, rather than a loose assembly of adoption of this document the US expanded fighters? Does the frequency and the the definition of the term “self-defense” – intensity of the attacks carried out by either anticipatory defense was made legitimate. A side dictate when an armed conflict exists? year later, anticipatory action (also referred If IHL is to be applicable in the 21st century, to as preventive action) was formally the definition of the term “armed conflict” incorporated into the National Security must clearly be revised. In any case, IHL Strategy of the United States. The US could requires the perpetrator to distinguish thereby act in self-defense, “even if between combatants and civilians. uncertainty remains as to the time and place Moreover, under international law, of the enemy’s attack”71. President Bush the perpetrating nation must be acting out of justified this by stating that it would be self-defense within the meaning of the UN foolish to wait for an attack, taking into Charter. Article 51 of said document states consideration the attack’s severity and the that “nothing in the present Charter shall vast number of lives lost. Yet, many nations impair the inherent right of individual or do not recognize this policy’s legitimacy and collective self-defense if an armed attacks claim it violates IHL. occurs a Member of the United Nations”68. Furthermore, due to the fact that all But exactly under which conditions does an UN members must respect each other’s attack qualify as self-defense? Must a state sovereignty and territorial integrity, it is already have encountered an attack in order technically illegal to conduct extraterritorial for it to act in self-defense? If not, must a strikes without the consent of the respective hostile attack be imminent or simply anticipated? For many decades the 69 Arend, A. C. (2003). International Law and the international community agreed that a state Preemptive Use of Military Force. Council on could only act in self-defense if it had Foreign Relations: already witnessed a violation of its territorial http://www.cfr.org/content/publications/attachments/ integrity or if an attack was imminent. Many highlight/03spring_arend.pdf 70 Congress, 1. (18. 09 2001). Authorization for Use referred to the Caroline Formula of 1938: of Military Force. US Government Printing Office: https://www.gpo.gov/fdsys/pkg/PLAW- http://scholarship.law.georgetown.edu/cgi/viewconte 107publ40/html/PLAW-107publ40.htm nt.cgi?article=2296&context=facpub 71 U.S. Department of State. (2002). U.S. National 68 United Nations. Chapter 7: Action With Respect to Security Strategy: Prevent our Enemies From Threats to the Peace, Breaches of the Peace and Acts Threatening Us, Our Allies and Our Friends With of Aggression. The United Nations Weapons of Mass Destruction. U.S. Department of Charter:http://www.un.org/en/sections/un- State Archive: https://2001- charter/chapter-vii/index.html 2009.state.gov/r/pa/ei/wh/15425.htm

13 nation. Over the past few years, Pakistani prosecute.”73 Nevertheless, it is difficult to leaders have relied upon this argument to prove this statement’s truthfulness as justify their condemnation of US drone information about drone strikes remains strikes on Pakistani territory. President classified and is kept from the general Obama responded to this criticism during his public. speech at the National Defense University in The legality of the military use of May 2013. He stated that the US UAVs is a much disputed issue. It will be government only authorizes drone strikes very difficult to reach a consensus on the “when there are no other governments topic. Yet, even if the use of URAVs and capable of effectively addressing the threat UCAVs were to be prohibited under posed by terrorists.”72 With this remark, international law, the P5 would probably not President Obama indirectly accused the limit the scope of their drone campaigns. Pakistani government of providing a safe The lack of enforcement mechanisms allows haven for terrorists in , a region in the powerful nations of this world to, plainly north-western Pakistan. Because the said, do whatever they please. Nonetheless, Pakistani government is unable or unwilling dialogue between states remains vital to to fight the terrorist threat, the US can reduce tensions caused by the military use of conduct targeted killings on Pakistani drones. Hence, the United Nations should territory even without Pakistani consent – at step up its efforts to promote communication least according to President Obama. amongst the affected belligerents, as well as Nonetheless, it should be mentioned that provide a set of guidelines pertaining to the newly-leaked secret memos point to use of URAVs and UCAVs. Because Pakistani endorsement of US drone strikes. sometimes international laws turn into The national assembly denies this though. robust international rules of conduct. But regardless of whether consent is necessary, lethal drone attacks represent a violation against human rights. Most Bloc Positions militants killed during these drone strikes Major Perpetrators: Israel, United never underwent a fair and impartial trial, which they are entitled to under Article 10 Kingdom and United States of America and Article 11 of the Universal Declaration What links Israel, the United of Human Rights. However, by now, most Kingdom and the United States of America countries agree that the realities of modern is the extent of the armed drone campaigns warfare seldom allow for a trial. President that these countries have launched and the Obama commented that his administration size of their arsenals. Israel, the UK and the would never authorize a drone strike if the US are also major exporters of surveillance US military had the opportunity to capture and combat drone technology. Hence, it is the respective terrorist. “Our preference is within their interests to oppose restrictions always to detain, interrogate and on the proliferation of UAVs and the creation of an international oversight

72 Obama, B. (23. 05 2013). Remarks by the 73 Obama, B. (23. 05 2013). Remarks by the President at the National Defense President at the National Defense University. The White House: University. The White House: https://www.whitehouse.gov/the-press- https://www.whitehouse.gov/the-press- office/2013/05/23/remarks-president- office/2013/05/23/remarks-president- national-defense-university national-defense-university

14 committee charged with distinguishing Throughout the past decade, the UK between legal and illegal drone strikes. has conducted 220 UAV strikes over Afghan These countries favor vague language, territory.75 The British Ministry of Defense rendering any resolution as open to has yet to disclose the number of drone interpretation. Israel, the US and UK want to strikes authorized as part of its struggle be able to carry out drone strikes under these against ISIS. It has also failed to publish a conditions: there exists a threat to their credible report regarding the size of its UAV national security, they must protect their arsenal and the number of civilians that have interests in another country or they must act been killed during UK drone strikes. in self-defense – regardless of whether a Israel is one of the largest drone hostile attack already occurred, is imminent, technology manufacturers worldwide and or is merely anticipated. However, it is has exported its drones to over 45 countries, worth mentioning that these countries’ including: the US, Germany, the UK, vocalized interests differ from their actual, Turkey, South Korea, India, France, material interests. This has to do with public Azerbaijan and Russia.76 The Israeli opinion. Therefore, it is possible that these government utilizes surveillance drones over countries would accept a loose framework Gaza and Iran. Israel most recently used outlining the responsibilities of perpetrators armed drones during the 2012 Operation and transparency measures. Pillar of Defense and the 2014 Gaza The United States alone owns more Offensive. than 10,000 unmanned aerial systems and has conducted over 3,000 extraterritorial Targeted Nations: Afghanistan, Iraq, lethal strikes.74 The size of the US drone Libya, Pakistan, Somalia, Syria and arsenal remains unmatched, making it the Yemen greatest drone perpetrator worldwide. The This bloc consists of nations, whose CIA has conducted strikes in Pakistan, territory has become the site of lethal drone Afghanistan, Libya, Iraq, Syria, Yemen and attacks carried out by the Major Somalia. Reports of vast numbers of civilian Perpetrators. While some of these countries deaths caused by US drone strikes over have condemned the strikes more frequently Pakistani territory triggered an international and with harsher rhetoric than others, all of debate over whether lethal drone strikes are them have an interest in drafting of a ethically justifiable. President Barack regulatory resolution.77 They look favorably Obama continues to reassure the US population that the use of armed drones is 75 Ross, A. (13. 09 2013). UK drones three times heavily restricted and that strikes are vetted more likely than US to fire in Afghanistan. The and authorized individually. Transparency Bureau of Investigative Journalism: concerning the number of strikes and the https://www.thebureauinvestigates.com/2013/09/06/u number of casualties remains limited. As of k-drones-three-times-more-likely-than-us-to-fire-in- October 2016, the US is using UAV afghanistan/ 76 Goldenberg, T. (06. 06 2013). Israel leads global technology to target individuals in drone exports as demand grows. Times of Israel: Afghanistan, Pakistan, Syria, Iraq and http://www.timesofisrael.com/israel-leads-global- Yemen. drone-exports-as-demand-grows/ 77 Associated Press of Pakistan. (19. 12 2013). UN passes resolution on drone strikes after pressure from 74 Osborn, K. (02. 01 2014). Pentagon Plans for Cuts Pakistan. World Affairs Journal: to Drone Budgets. Dod Buzz: http://www.worldaffairsjournal.org/content/un- http://www.dodbuzz.com/2014/01/02/pentagon- passes-resolution-drone-strikes-after-pressure- plans-for-cuts-to-drone-budgets/ pakistan

15 upon regulations, which aim to minimize the Pakistan’s territorial integrity. Nonetheless, number of civilian casualties, both to pacify some speculate whether the Pakistani the public and to deprive extremist groups of government is reacting in such a fashion to propaganda material. The countries in this secure the public’s support, whilst actually bloc also have a stake in compelling foreign being grateful for the strikes.79 After all, perpetrators to ask permission before Pakistan has not exactly been successful in conducting an armed drone strike, as to combatting the threat posed by terrorist reduce the number of non-consensual groups in the North of the country. exterritorial strikes, to allow for joint action Individuals within Iraq’s territorial and to regain full control over their territory. bounds have been targeted by drones during It is worth noting that many of these the First Gulf War, the US-Iraq War, and the governments welcome drone strikes against current struggle against ISIS. Of these three extremist groups within their territorial interventions, two complied with bounds, but want to be involved in the international law: the intervention in 1990 authorization process. was mandated by the Security Council, and Amongst all Middle Eastern the coalition against ISIS is supported by countries targeted by the Major Perpetrators, Iraq. The legality of the US invasion of Iraq Afghanistan has witnessed the greatest in 2001 (and with it the execution of drones number of drone strikes78. These were strikes as part of the invasion) remains carried out as part of the US and ISAF air highly disputed. campaigns against Afghan al-Qaeda and The situation in Syria is even more Taliban members. The NATO-led ISAF complex. The US and the UK are both using mission was in fact authorized by the United armed drone technology to kill ISIS Nations Security Council. The operation militants on Syrian territory. The exact received its first mandate in 2001, following number of strikes in Syria has not been the 9/11 attacks. Hence, the drone strikes published. Moreover, it is difficult to over Afghanistan have – for the most part – determine whether these strikes are legal or been compliant with international law. The illegal. The intervention has not been vast number of civilian casualties, however, authorized by the Security Council. At the remains highly controversial. same time, however, the US-led After the US invaded Afghanistan, international coalition against ISIS and its many of the targeted al-Qaeda and Taliban actions are viewed as legitimate by many. affiliates then fled to the Northwest of Bashar al-Assad himself opposes this Pakistan, Waziristan. The US government, coalition, welcoming the Russian-led accusing the Pakistani government of coalition instead. providing a safe haven for these terrorists, decided to take matters into its own hands and began conducting lethal drone strikes in Pakistan, targeting these emigrated terrorists. Outraged by the high number of 79 Greg Miller, B. W. (24. 10 2013). Secret memos civilian deaths, the Pakistani government reveal explicit nature of US-Pakistan agreement on has charged the US with the violation of drones. The Washington Post: https://www.washingtonpost.com/world/national- security/top-pakistani-leaders-secretly-backed-cia- 78 The Bureau of Investigative Journalism. (12. 10 drone-campaign-secret-documents- 2016). Get the Data: Drone Wars. show/2013/10/23/15e6b0d8-3beb-11e3-b6a9- https://www.thebureauinvestigates.com/category/proj da62c264f40e_story.html ects/drones/drones-graphs/

16 Countries That Have Used Armed Drones quickly and cheaply.”82 China itself has not in Combat, Possess Armed Drones or Are deployed its combat drones. Nonetheless, it Developing Armed Drones80 has reportedly used its drones for domestic surveillance and over the Senkaku Islands (a This bloc comprises a number of group of disputed islands in the East China diverse states, from Nigeria to Italy to Japan Sea). to India. The members of this bloc are Russia, on the other hand, is reluctant partners, as they disagree with one currently not in possession of armed another on most other issues. What ties them drones.83 The Russian government has, together is their interest in maintaining or however, announced that Russia’s first developing an armed drone arsenal. The UCAV will enter into service in 2020. motivations for this vary. Some countries Moscow has pledged to spend $9.2 billion view drones as a symbol of prestige and on UAV technology throughout the next power. Others are keen to expand their decade.84 Testing is scheduled to begin in defensive capabilities and again others want 2017. Moscow’s push for drones can be to challenge the superiority of the US and its attributed to numerous factors: the low allies in this area of military technology. training cost of UAV operators, the alleged While this group’s interests are most similar use of Israeli-made drones by Georgia in the to those of the Major Perpetrators, many still 2008 war with Russia, and America’s use of favor the imposition of a regulatory system. drones in Afghanistan, Syria and Pakistan85. They would look favorably upon a resolution, which allows them to acquire Non-Aligned Movement drones, but simultaneously clarifies the The members of the Non-Aligned circumstances under which it is appropriate Movement, also referred to as NAM, are not to deploy UCAVs. aligned with or against any major power The most influential members in this bloc. This group currently has 120 members. group are Russia and China – the non- It was created during the , in 1961, Western P5 countries. Over the past few in response to the formation of the North years, China has emerged as one of most Atlantic Treaty Organization and the prolific developer of armed drones. China Warsaw Pact. These countries have an produces UCAVs quickly and cheaply. For interest in banned extraterritorial strikes and the most part, it exports these drones to any imposing restrictions on the use of armed state willing and able to pay the price.81 drone technology and the proliferation China has sold its UAVs to Saudi Arabia, thereof. NAM members also favor defining Egypt, Nigeria, the United Arab Emirates exactly what a legal drone strikes and many more countries. Just recently, the encompasses. The Non-Aligned Movement Foreign Policy magazine described has a long history of opposing any sort of unmanned Chinese aircraft as the power projection by the world’s strongest “Kalashnikovs of the drone world – entry- nations. level alternatives for countries eager to achieve a basic unmanned strike capability

82 Rawnsley, A. (01 2016). Meet China's Killer Drones. Foreign Policy, 1-6. 80 International Security Program. World of Drones. 83 International Security Program. World of Drones. International Security: International Security: http://securitydata.newamerica.net/world-drones.html http://securitydata.newamerica.net/world-drones.html 81 Rawnsley, A. (01 2016). Meet China's Killer 84 Ibid. Drones. Foreign Policy, 1-6. 85 Ibid.

17 One of the most prominent members Never before had surveillance drone of the NAM is the Islamic Republic of Iran. technology been utilized in a UN Iran chaired the movement in the period peacekeeping mission. between 2012 and 2015, during which the NAM issued a statement condemning the A/RES/68/178 (2013) presence of US drones over Iran.86 Over the This resolution, entitled “Protection course of the past three years, the Iranian of Human Rights and Fundamental government has claimed to have captured Freedoms While Countering Terrorism,” numerous Israeli and US drones, which were was passed by the UN General Assembly in brought down by Iranian hackers87. The December 2013. It urges all UN member UAVs were allegedly photographing Iranian states to “ensure that any measures or means uranium enrichment facilities before Iranian employed to counter terrorism, including the hackers manipulated their radar systems and use of remotely piloted aircraft, comply with safely landed them. President Obama has their obligations under international law.”89 confirmed the identity of the US drone. The document also mentions the report of the Special Rapporteur on the promotion and ** Note: Some countries fall within several protection of human rights and fundamental of these blocs. When researching your freedoms while countering terrorism. This country’s position, please make sure to report, authored by Ben Emmerson, identify the bloc that holds views most highlights the imperative need of “seeking similar to your country’s. agreement among Member States on legal questions pertaining to remotely piloted aircraft operations.” News outlets claim that Past International and UN these operative clauses were included as a Action result of intensive efforts made by the Pakistani delegation.90 Frankly speaking, SC/RES/2098 (2013) behind the decorative and vague language, This Security Council resolution this resolution is nothing more than a extended the mandate of the UN Mission in condemnation of the US drone campaign in the Democratic Republic of Congo foreign territories. It is worth noting that this (MONUSCO) and approved the deployment resolution was passed unanimously; the US of an offensive combat force. This so-called delegation abstained from voting. “intervention brigade” was tasked with carrying out targeted operations to neutralize and disarm Congolese rebels. The resolution also authorized the use of UASs to “monitor 2098 (2013). United Nations Security Council: the implementation of the arms embargo and http://www.un.org/en/ga/search/view_doc.asp?symbo in particular observe and report on flows of l=S/RES/2098(2013) military personnel, arms and related material 89 UN General Assembly (12 2013). Protection of across the eastern border of the DRC.”88 human rights and fundamental freedoms while countering terrorism. General Assembly of the United Nations: http://www.un.org/en/ga/ 86 Permanent Mission of the Islamic Republic of Iran search/view_doc.asp?symbol=A/RES/68/178 to the United Nations. The Non-Aligned Movement: 90 Associated Press of Pakistan. (19. 12 2013). UN http://namiran.org/ passes resolution on drone strikes after pressure from 87 David Blair, A. S. (08. 12 2011). Iran shows off Pakistan. World Affairs Journal: captured US drone. Abgerufen am 12. 08 2016 von http://www.worldaffairsjournal.org/content/un- The Telegraph. passes-resolution-drone-strikes-after-pressure- 88 UN Security Council (23. 03 2013). Resolution pakistan

18 A/HRC/25/L.32 (2014) Afghanistan, Pakistan, Yemen, Iraq, This resolution was adopted by the Somalia and Gaza93. He also lists the UN Human Rights Council, a 47-member technical capabilities of UASs and the forum, headquartered in Geneva. Much like models in use. Ben Emmerson then goes on the aforementioned resolution, it calls upon to evaluate the role of the US, the UK and all members to use armed drone technology Israel as lethal drone strike executioners. An only in accordance with international overview of which IHL principles apply to humanitarian law – in particular with the the lethal use of UAVs is provided in the principles of precaution, distinction and fourth subsection. Emmerson underlines that proportionality. Furthermore, it encourages an impartial fact-finding investigation must states to “guarantee transparency in their be opened if information about possible records on the use of UAVs and conduct civilian casualties exists.94 independent and impartial investigations He also refers to an earlier ICJ whenever there are indications of a violation decision, which ruled that in the absence of of international law.”91 The resolution consent, the use of force in self-defense by passed with 27 votes in favor (including one state against a non-state actor located Pakistan, Russia and Saudi Arabia), 14 votes within the territory of another state can be against (including France, the UK and the justified only if the actions of the group are US) and 14 abstentions (including Germany imputable to the host state.95 This would be and India). The US and the UK protested the case, if say, the host county provides a that it was inappropriate to raise the question safe haven for the non-state armed group. of weapon systems at a HRC meeting.92 Moreover, Emmerson argues that “if used in strict compliance with the principles A/68/389 (2014) of international humanitarian law, RPAVs This report was written by the are capable of reducing the risk of civilian Special Rapporteur on the Promotion and casualties.”96 He acknowledges that UAV- Protection of Human Rights and fired missiles are the most discriminatory Fundamental Freedoms While Countering weapon systems, but contends that their use Terrorism, Ben Emmerson. It was published must be regulated. Before any regulatory in 2014. The text focuses on the use of document can be drawn up, however, an remotely piloted aircraft in extraterritorial international consensus must be found on lethal counter-terrorism operations. In the several legal questions. For example, may a second subsection, Emmerson produces the number of RPAV weapon releases and of 93 Emmerson, B. (28. 02 2014). Report of the Special civilian casualties linked to drone attacks in Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. Just Security: 91 Human Rights Council. (24. 03 2014). Ensuring https://www.justsecurity.org/wp- use of remotely piloted aircraft or armed drones in content/uploads/2014/02/Special-Rapporteur- counter-terrorism and military operations in Rapporteur-Emmerson-Drones-2014.pdf accordance with international law, including 94 Ibid. international human rights and humanitarian law. 95 Emmerson, B. (28. 02 2014). Report of the Special Office of the United Nations High Commissioner for Rapporteur on the promotion and protection of Human Rights: http://wilpf.org/wp- human rights and fundamental freedoms while content/uploads/2014/04/resolution.pdf countering terrorism. Just Security: 92 Nebehay, S. (28. 03 2014). UN rights forum calls https://www.justsecurity.org/wp- for use of armed drones to comply with law. Reuters: content/uploads/2014/02/Special-Rapporteur- http://www.reuters.com/article/us-un-rights-drones- Rapporteur-Emmerson-Drones-2014.pdf idUSBREA2R0WW20140328 96 Ibid.

19 nation perpetrate the territory of another to The invention of advanced attack a non-state actor residing there? What unmanned aerial systems has revolutionized does an imminent attack encompass? May modern warfare. It is the most RPAVs be used in a lethal manner outside a discriminatory and precise weapon a country situation of armed conflict? How does one can possess. It provides militaries with a determine whether a conflict is of low-cost, low-risk alternative to kill-or- international or non-international in nature? capture missions. The ethical justifiability of If an individual does not have a continuous its use, however, remains highly disputed. combat function but is otherwise affiliated Critics point to the high number of civilian with an armed group, is he allowed to be casualties linked to lethal drone strikes. It targeted?97 The list goes on. has also been claimed that the availability of drones can alter a state’s behavior, when it is SC/RES/2252 (2015) faced with the decision of whether or not to This resolution was passed by the militarily intervene. Some have gone as far Security Council in December 2015. It as to say that drones dehumanize the act of extended the mandate of the United Nations killing and render it routine. In the light of Mission in South Sudan (UNMISS) and these arguments, can the United Nations authorized the tactical use of unarmed condone the use of drones? unmanned aerial systems.98 The South That is upon you to determine. You Sudanese delegation protested; it had must weigh the costs and benefits of rejected earlier requests by the UN to deploy utilizing UAVs in conflicts and identity the drones in support of the peacekeepers best course of action. Will you advocate stationed in South Sudan.99 US Ambassador banning the use and proliferation of armed to the UN, Samantha Power, assured her drone technology? Do you favor putting in counterparts that the UN use of drones place a regulatory regime? Should DISEC, would not be politicized100. perhaps, make no policy recommendations at all? Ultimately, it will be your task to evaluate the feasibility and appropriateness Conclusion of each option in the context of this body’s overarching goals and of your country’s position.

97 Ibid. 98 United Nations Security Council. (15. 12 2015). Resolution 2252 (2015). Security Council Report: http://www.securitycouncilreport.org/atf/cf/%7B65B FCF9B-6D27-4E9C-8CD3- CF6E4FF96FF9%7D/s_res_2252.pdf 99 Justin, T. (18. 06 2015). South Sudan: UN Doesn't Need Drones. VOA News: http://www.voanews.com/a/south-sudan-un- drones-chapter-7-unmiss-herve- ladsous/2827947.html 100 United Nations Press Team. (15. 12 2015). Security Council Extends Mandate on United Nations Mission in South Sudan Until July 2016, Deciding Also to Boost Force. United Nations Meetings Topic B: Homegrown Coverage and Press Releases: Terrorism and Foreign Fighter http://www.un.org/press/en/2015/sc12161.doc.htm Phenomenon

20 Introduction Historical Background Foreign Fighters The Disarmament and International The first reports of “foreign fighters” Security Committee (DISEC) deals with who left their countries of residence to join disarmament and threats to peace that affect the Syrian uprising against the Assad regime the international community. All member emerged around the summer of 2012, but the nations of the United Nations are also number of foreign fighters has grown members of DISEC and are all given an dramatically since then, having doubled equal voice in issues placed before the between 2014 and 2015 according to an committee. ICCT report, reaching around thirty While combating terrorist activities thousand combatants. based in foreign countries has been a major According to a study by the Soufan Group, a typical jihadi foreign fighter is a issue, , where violent acts 102 are perpetrated by citizens of a state against male between 18 and 29 years old. There their own people, has been a growing are, however, many exceptions - some are concern in the global community. Domestic well over the age of 30 and many are terrorism, also known as homegrown younger than seventeen as well. The threats terrorism, has been the cause of an presented by these terrorist groups and by increasing number of terrorist attacks in the Syrian and Iraqi conflicts has been difficult United States and Europe.101 Homegrown to quantify. Obtaining reliable numbers on terrorists can pose a greater threat because the number of foreign fighters working with they face fewer logistical problems in them has been nearly impossible due to the carrying out their plans - they do not need to dangers that ISIS presents for journalists and enter a foreign nation, and are already intelligence operatives on the ground. familiar with culture and customs, which The International Centre for also makes them more difficult to identify. Counter-Terrorism (ICCT), has surveyed More recently, individuals not and organized open-source information to affiliated with foreign terrorist organizations determine the numbers and key have posed another threat by becoming characteristics behind foreign fighters. Foreign Fighters are those foreign fighters. In this case, “foreign individuals who leave their homes and fighters” were defined specifically as those countries of residence to join violent non- who left their home countries of residence to join the Syrian uprising against the Assad state organizations. Homegrown terrorism 103 and the foreign fighter phenomenon need to regime. be properly monitored and evaluated to create effective future policies and practices. 102 Richard Barrett, Jack Berger, Lila Ghosh, Daniel Member states are all faced with the task of Schoenfeld, Mohamed El-Shawesh, Patrick M. drafting comprehensive strategies to address Skinner, Susan Sim, and Ali Soufan. "FOREIGN FIGHTERS An Updated Assessment of the Flow of the problem of radicalization towards Foreign Fighters into Syria and Iraq." The Soufan violent extremism. Group (2015): n. pag. Web. 103 Zavagli, Sofia et al. The Foreign Fighters Phenomenon in the European Union. 2016, The 101 Ravichandran, Sharanya. “Non-State Conflict and Foreign Fighters Phenomenon in the European the Transformation of War.” E-International Union, www.icct.nl/wpcontent/uploads/2016/03/icct- Relations, 29 report_foreign-fighters-phenomenon-in-theeu_1- Aug. 2011. april-2016_including-annexeslinks.pdf.

21 The EU-wide estimate for the total Moreover, the use of special investigation number of foreign fighters from the 23 methods has been expanded. member states is around 4,000. A majority of these, an estimated 2,838 foreign fighters, Homegrown Terrorism come from only four countries: Belgium, Although the foreign fighter France, Germany, and the United Kingdom. phenomenon is recent, homegrown terrorism Of these, Belgium has the highest number of is not; terrorist plots by non-state actors foreign fighters per capita. Returning foreign have been uncovered in countries since the fighters also pose a significant threat to end of the Cold War. Since then, extensive these countries, and the ICCT estimates an research has gone into identifying and average of thirty percent of foreign fighters profiling potential terrorists or foreign returning to their countries. fighters. The majority of DISEC member Overall, there has been a lot of states consider the foreign fighter difficulty identifying trends and similarities, phenomenon to be a serious security threat especially for perpetrators of homegrown to their nations. Only five nations regard the terrorism. In cases in the United States, threat level in their country to be low or convicted perpetrators under the Violent below average. Eleven member states have Radicalization and Homegrown Terrorism changed their threat levels in the past five Prevention Act have an average age of 28, years, since the Syrian conflict commenced while a third are married, and a third have and the issue of foreign fighters has gained children. Notably, a fifth were women, even an increasing amount of attention. though women have been fundamentally Responses to the ICCT uninvolved from known non-state terrorist questionnaires show that every member state groups.104 has developed its own national approach to These individuals involved in terrorism, foreign fighters, and homegrown terror threat are especially hard radicalization. Generally, countries have a to identify and prevent by law enforcement broad set of security and have taken because often times they work alone. They legislative measures to prevent and counter are never communicating through email or the problem of foreign fighters. Some on the phone to contact foreign terrorist countries, including ones that have little groups, the type of communications that prior history with terrorism and only a few could potentially be intercepted by foreign fighters, have developed elaborate, intelligence agencies. Nor are they meeting comprehensive strategies, or are currently in with co-conspirators that could be the process of doing so. Even though monitored.105 member states often refer to the issues of Many homegrown terrorists have prevention, law enforcement and security claimed to be inspired by terrorist groups. measures are still dominant issues. Notably, the Islamic State, also known as In the wake of the January, 2015 ISIS, has been making efforts towards terror attacks in Paris, member states have recruiting domestic followers. Since 2014, strengthened or announced the strengthening when ISIS began to call itself the caliphate, of their security and intelligence services, it has been actively calling for international including in connection to transnational crimes. Border controls have also been 104 Bergen, Peter. “Can We Stop Homegrown stepped up and national passenger name Terrorists.” Wall Street Journal, 22 Jan. 2016. record systems are being introduced. 105 Silber, Michael, and Arvin Bhatt. Radicalization In The West: The Homegrown Threat. 2007.

22 recruitment, releasing high-definition further the expansion of recruitment and recruitment videos worldwide that decry fundraising networks. democratic governments.

Internet Wahhabism The internet has also played a central Wahhabism is a fundamentalist, Islamic reform movement that began in the role in the rise of these phenomena, as a th powerful driver and enabler for the process 18 century. Named after preacher and of radicalization. The internet provides a scholar Muhammad ibn Abd al-Wahhab, the wide appeal to potential terrorists, as they movement was originally a “literal can maintain their anonymity while meeting revivification” of Islamic principles that like-minded people. Through various disregarded Islam’s spiritual principles. Ibn websites and web forums, these individuals Abd al-Wahhab wanted to rid Islam of can meet, form relations, and discuss their certain practices, practices he considered radical and extremist ideologies and spread idolatry and impurities in the religion. It is them to new people. The network created regarded as a political trend within Islam, between these people further radicalizes the but cannot be distinguished as a sect because jihadi-Salafi message as online communities its practices do not differ from traditional are formed. In this way, the internet acts as Sunni Islam. In contemporary research, the an enabler to potential terrorists who use it boundaries of Wahhabism are difficult to to plan, share information on weapons, and identify, but the terms Wahhabi and Salafi recruit others. There are also many resources are often used interchangeably. Some available to these communities that teach consider Wahhabism an ultra-conservative them how to make, obtain, and employ orientation of Salafism. Estimates of the number of Wahhabi followers vary, with different kinds of violent weaponry.106 According to a widely cited study one estimate being approximately 5 million in the Persian Gulf region, compared to 28.5 from the Haifa University, the number of 108 terrorist sites has risen exponentially in the million Sunnis and 89 million Shia. past decade, but the numbers can be Wahhabism has been labeled as a somewhat misleading. In the case of Al source of global terrorism, even inspiring Qaeda, hundreds of sister sites have been the doctrine of the Islamic State of Iraq and promulgated but only a small percentage of the Levant (ISIL). The movement has also them are actively maintained.107 Still, caused disunity within the Muslim analysts see a clear trend of proliferation. community, as followers label non- Terrorist websites can serve as virtual adherents as apostates (takfir) and feel training grounds, offering tutorials on justified in their killing. Takfir is one of the building bombs, firing surface-to-air main tenets of Abd al-Wahhab’s doctrine. missiles, shooting at U.S. soldiers, and Under the takfiri doctrine, Abd al-Wahhab sneaking into Iraq from abroad. Terrorist believed he and his followers could deem sites also host messages and propaganda fellow Muslims infidels should they engage videos which help to raise morale and in any activities that could be encroaching on the sovereignty of the king. He demanded conformity, and that those who did not 106 Brenner, S.W. Cyberthreats: The Emerging Fault follow his views should be killed. The Lines of the Nation State New York and Oxford: Oxford University Press. 2014. 107 Tsfati, Yariv. Terror On The Internet. 2002, 108 Izady, Mehrdad "Demography of Religion in the Terror On The Internet. Gulf". Mehrdad Izady. 2014.

23 groups of people deserving of death such as al-Qaeda, which took up the mission included the Shiite, Sufis, and other Muslim to enforce a purified form of Islam upon the denominations whom Abd al-Wahhab did world. not consider Muslim at all. Eighty percent of the 1,200 mosques In modern times, Wahhabism has operating in the US were constructed after played a crucial role in the development of 2001, more often than not with Saudi homegrown terrorists. Most Muslims financing.110 As a result, Wahhabi influence profess to view their religion as personal and over Islamic institutions in the US was huge peaceful, but a vehement minority of by 2003. Hundreds of publications, Islamist extremists embody the ideals of published by the Saudi government and its Wahhabism. When Afghanistan, another affiliates, and filled with intolerance toward largely Sunni country nearby, fell under Christians, Jews, and other Americans, had Soviet control in 1979, the House of Saud spread across the country, according to a saw an opportunity to project itself as the report by Freedom House, a Washington- global defender of Muslims. This view based NGO. That report concluded that “the coalesced with the Cold War aims of the Saudi government propaganda examined US, which saw the Saudi desire to reflects a totalitarian ideology of hatred that weaponize Islamist ideology as tactically can incite to violence.”111 useful in the West’s struggles against the Soviet Union. As later described in Contemporary Conditions testimony before the US Senate Judiciary Committee, Saudi Arabia spent $4 billion per year on mosques, madrassas, preachers, Recent news and media coverage has students, and textbooks to spread the seen a sharp increase in the coverage of Wahhabi creed over the next decades.109 homegrown terrorism and the foreign-fighter Thousands of Muslim centers sprang up phenomenon, ever since the recent attacks of along Pakistan’s border with Afghanistan the Boston Marathon, the Orlando nightclub, and then in Afghanistan itself—training not and the bombings in Paris and Brussels. scholars but jihadis equipped with Wahhabi Politicians and public figures, some more ideology and American weapons. The than others, have called for stricter borders, madrassas in Arabia, Afghanistan, and terrorist surveillance, and harsher safety Pakistan produced al-Qaeda and the Taliban. measures in order to address concerns over The US did not foresee that foreign fighters national security, and each of these drawn to the Afghan jihad might carry strategies have varying levels of success. violence back to their native lands as al- Homegrown terrorism, or “extremist Qaeda affiliates spread across the Middle violence perpetrated by US citizens or legal East, the Balkans, the Caucasus, Central US residents, linked to or inspired by al Asia, and South Asia. Madrassas and Qaeda’s brand of radical Sunni preaches funded by the House of Saud ,”112 marks the shift of terrorism continue to instill Wahhabism across the Arabian Peninsula. Wahhabism in turn 110 Chomsky, Carol, and Jamsheed Choksy. “The emerged as the indispensable ideology, not Saudi Connection: Wahhabism and Global Jihad.” just for the Saudi state but also for groups World Affairs Journal, June 2015. 111 Ibid. 112 Nelson, Rick, and Thomas M. Sanderson. 109 Schanzer, David et al. “Anti Terror Lessons of "AQAM Futures Project Case Study Series: Muslim-Americans.” National Institute of Justice, 6 Homegrown Terrorism." Homeland Security and Jan. 2010. Counterterrorism Program Transnational Threats

24 from large, organized groups like al-Qaeda figuring out radical individuals, a secret FBI to individuals. This is seen as a study in 2012 that surveyed intelligence representation of the “highly individualized analysts and special agents found that the nature of the radicalization process,”113 in most common motivation for radicalization part due to the increasing effectiveness of and terrorism has been “anger over US established counterterrorism strategies military operations abroad” and “US against the former. The trend is especially atrocities in Muslim countries.”116 From troubling to agencies seeking to eradicate 2009 to 2012, ten out of the 16 terrorist and track these terrorists, as US citizens and attacks and attempts targeted “military residents are able to travel and train under facilities or personnel,” and various others less scrutiny than those of other potentially saw them as justification. For example, high-risk countries. For example, Daood Omar Mateen, the shooter in the Orlando Gilani, who Americanized his name to nightclub tragedy, acted in “retaliation for David Coleman Headley, an American US airstrike on an ISIS fighter;”117 and citizen who helped plan the 2008 Mumbai Dzhokhar Tsarnaev, the Boston Marathon attacks, was able to travel freely through the bomber, was motivated by US actions in the Middle East and receive training from al- Iraq and Afghanistan wars. Qaeda.114 While other key motivators include In fact, the very nature of exposure to English militant propaganda and homegrown terrorism is alarming itself, as online connections, which social media has each of the over 300 terrorist attacks and helped propagate, notable omissions from attempts carried out in the US in the last the list include military service and religion, decade and a half “has been carried out by which is a “red herring.” This is a perceived American citizens or legal permanent cause that leads to potentially discriminatory residents, operating either as lone wolves or policies, such as the proposed “Countering in pairs.”115 While there is no pattern to Violent Extremism” initiative, which was criticized for supposedly targeting Muslim communities.118 On the contrary, many of these Project. April 2012. Accessed October 12, 2016. https://csis-prod.s3.amazonaws.com/s3fs- homegrown radicals are not part of a set public/legacy_files/files/publication/120425_Pregulm Muslim community, but the religious an_AQAMCaseStudy7_web.pdf. association proves damaging to their 113 Hussein, Murtaza, and Cora, Currier. "US community relations, even though “jihadism Military Operations the Biggest Motivation for threatens non-Muslims as well as the vast Homegrown Terrorism, FBI Study Finds." The 119 Intercept. October 11, 2016. Accessed October 12, majority of Muslims alike.” These 2016. https://theintercept.com/2016/10/11/us- military-operations-are-biggest-motivation-for- http://www.cnn.com/2016/06/12/opinions/orlando- homegrown-terrorists-fbi-study-finds/ homegrown-terror-bergen/. 114 Nelson, Rick, and Thomas M. Sanderson. 116 Hussein, Murtaza, and Cora, Currier. "US "AQAM Futures Project Case Study Series: Military Operations the Biggest Motivation for Homegrown Terrorism." Homeland Security and Homegrown Terrorism, FBI Study Finds." The Counterterrorism Program Transnational Threats Intercept. October 11, 2016. Accessed October 12, Project. April 2012. Accessed October 12, 2016. 2016. https://theintercept.com/2016/10/11/us- https://csis-prod.s3.amazonaws.com/s3fs- military-operations-are-biggest-motivation-for- public/legacy_files/files/publication/120425_Pregulm homegrown-terrorists-fbi-study-finds/ an_AQAMCaseStudy7_web.pdf. 117 Ibid. 115 Burgen, Peter. "The Real Terror Threat in 118 Ibid. America Is Homegrown." CNN Opinion. June 13, 119 Moghadam, Assaf. "The Jihadist Entrepreneur: 2016. Accessed October 12, 2016. What the Anjem Choudary Case Can Teach Us." War

25 individuals are often already on an FBI possible predictor of extremism, there is a watch list as a possible militant, usually for “strong association” between the male making incendiary or inflammatory unemployment rate of a country and the comments. They also often do not fit the number of foreign fighters that emerge from typical image of a young, unattached male their borders. terrorist, as, of those analyzed, a majority They also are more likely to have are in their late 20s, and many have criminal backgrounds, due to the fact that established families and children. much recruitment happens within prisons, While homegrown terrorists are “places of vulnerability where criminals and mainly located in the US, foreign fighters terrorists network and exchange skills.”123 In are a key issue in other parts of the world. these prisons, which the UN calls There are few accurate estimates of their “incubators of terrorism and violent numbers, although it is known that they extremism,”124 potential recruits are mostly come from urban areas, and while indoctrinated through the “redemption” arc, Belgium has the most per capita, France has where they are convinced that participating the highest absolute number,120 with almost in radical and revolutionary acts will atone 1000 foreign fighters from their borders. them for their past sins. Typically, according to the World Bank, A key factor in the recruitment these men and women are well-educated and process of these homegrown terrorists and relatively wealthy, with 69 percent of them foreign fighters for both of these possessing either a secondary level organizations is the growth of social media education or higher.121 They, especially and the Internet, which has helped spread Western volunteer foreign fighters, are at a the message of al-Qaeda and ISIS across the crossroads in their lives, “between jobs or world due to its accessibility. The Islamic girlfriends…looking for new families…with State, especially, has been highly successful no traditional religion and are ‘born again’ at utilizing the power of online recruitment into a radical religious vocation.”122 through the use of “celebrity fighters,” such However, it has been shown that as a as Anwar al-Awlaki, Omar Hammani, and Yilmaz, who has a widely-followed on the Rocks. September 15, 2016. Accessed October Instagram of his experience fighting for 12, 2016. http://warontherocks.com/2016/09/the- them, as well as Abu Bakr al-Baghdadi, a jihadist-entrepreneur-what-the-anjem-choudary-case- putative caliph who called on “Muslims can-teach-us/ everywhere” to join the cause.125 There are 120 Van Ginkel, Bibi, and Eva Entenmann. "The also many women among their online Foreign Fighter Phenomenon in the EU." Clingendael. April 1, 2016. Accessed October 12, recruiters and supporters, including al 2016. Khansa’a and her popular Twitter account, https://www.clingendael.nl/publication/foreign- fighters-phenomenon-eu 121 Mohdin, Aamna. "ISIL’s Foreign Fighters Are 123 Sanders, Lewis, IV. "'Crime-terror Nexus': Surprisingly Well-educated, According to the World Europe's Former Criminals, Future Terrorists." DW. Bank." The Quartz. October 6, 2016. Accessed October 12, 2016. Accessed October 12, 2016. October 12, 2016. http://qz.com/802276/the-foreign- http://www.dw.com/en/crime-terror-nexus-europes- fighters-of-isisislamic-state-are-surprisingly-well- former-criminals-future-terrorists/a-36024368 educated-according-to-the-world-bank/. 124 Ibid. 122 Stern, Jessica, and J. M. Berger. "ISIS and the 125 Stern, Jessica, and J. M. Berger. "ISIS and the Foreign Fighter Phenomenon." The Atlantic. March Foreign Fighter Phenomenon." The Atlantic. March 8, 2015. Accessed October 12, 2016. 8, 2015. Accessed October 12, 2016. http://www.theatlantic.com/international/archive/201 http://www.theatlantic.com/international/archive/201 5/03/isis-and-the-foreign-fighter-problem/387166/ 5/03/isis-and-the-foreign-fighter-problem/387166/

26 which she uses to convince other women to terrorism to an almost newer brand, one come to Syria, where they mostly become reliant on viral shock value and wives, or “prizes” of the other extremists. individualism. Even the ideology has Through the extensive use of extremist shifted, especially for al-Qaeda, from one propaganda, ISIS has appealed with a less concerned with the original goal of “disproportional slant” towards foreign worldwide sharia law to more of “singular fighters,126 using techniques such as initiatives” based on the perception of a translating their videos into many different “Western war on Islam.”130 For example, languages and “over-representing [them] Faisal Shahzad, who attempted to detonate a among the perpetrators of the IS’s worst car bomb in Times Square, did so due to acts” in order to “radicalize the conflict,” as anger over a “Western” attack on the Red the typical foreign fighter is “more Mosque. ISIS, in their attempts to recruit ideological than the typical Syrian rebel”.127 people already radicalized or The Internet also serves purposes psychologically inclined towards violence other than recruitment for these (as opposed to the al-Qaeda model of organizations. Over the web, networking is “attracting first and radicalizing later”131) easier and ideological and weapons has shifted from the promise of heaven to information can be passed along relatively more of a “theme of adventure.”132 This is unimpeded. It provides “decentralized and popularized and propagated by its members unregulated forums where like-minded Instagram and Twitter posts, such as those individuals can connect,”128 although of a young British recruit, Ifthekar Jaman, whether or not weapons and extremist who coined the term “five-star jihad” in training can be conducted over the Internet reference to his experiences.133 These and replace training camps is unclear, and promises and appeals, along with a also acts as a conduit to connect those who combination of “successful ground strategy, want to support the cause, especially aggressive messaging, and an appeal to financially, with the proper channels. The strength over weakness,” have recruited at “diffuse aspect” of these channels “could be least “tens of thousands of ardent one of its most dangerous traits because it supporters.”134 enables individuals to support extremists without ever physically interacting with them…which makes these support providers Past UN and International more difficult for law enforcement to detect.”129 Action These developments all mark a shift from the “traditional” way of thinking about 130 Ibid. 131 Stern, Jessica, and J. M. Berger. "ISIS and the 126 Ibid. Foreign Fighter Phenomenon." The Atlantic. March 127 Ibid. 8, 2015. Accessed October 12, 2016. 128 Nelson, Rick, and Thomas M. Sanderson. http://www.theatlantic.com/international/archive/201 "AQAM Futures Project Case Study Series: 5/03/isis-and-the-foreign-fighter-problem/387166/. Homegrown Terrorism." Homeland Security and 132 Ibid. Counterterrorism Program Transnational Threats 133 Ibid. Project. April 2012. Accessed October 12, 2016. 134 Stern, Jessica, and J. M. Berger. "ISIS and the https://csis-prod.s3.amazonaws.com/s3fs- Foreign Fighter Phenomenon." The Atlantic. March public/legacy_files/files/publication/120425_Pregulm 8, 2015. Accessed October 12, 2016. an_AQAMCaseStudy7_web.pdf http://www.theatlantic.com/international/archive/201 129 Ibid. 5/03/isis-and-the-foreign-fighter-problem/387166/.

27 The UN Security Council passed Further, the Council, through the Resolution 2178 in September 2014. In a resolution, decided that all States must adopt meeting that heard from over 50 speakers, laws ensuring that their legal systems the council condemned violent extremism provide for the prosecution of travel for and decided that member states must prevent terrorism or related training as well as the the recruiting and equipping of individuals financing or facilitation of such activities, who want to leave their States of residence and treat these as serious criminal offenses. to go to other states and perpetrate acts of There have been criticisms of this terrorism.135 resolution since its passing. While the Resolution 2178, which was adopted resolution requires countries to set up unanimously, required countries to take infrastructure regarding counter-terrorism, steps to address the “Foreign Terrorist many countries simply do not have the Fighter” threat. It also called on states to capacity to closely police against potential undertake various steps to improve foreign fighters and potential homegrown international cooperation in this field, such terrorist plots.136 There are also many as sharing information. In this resolution, for potential diplomatic obstacles that still need the first time ever, the Council emphasized to be resolved; the problem cannot be that countering violent extremism is an narrowed to select groups and the United essential element of an effective response to Nations has to avoid double standards in the foreign fighter phenomenon. Resolution dividing different types of terrorist 2178 also focused existing UN ideologies. Further, any efforts will also counterterrorism bodies on the foreign have to address longstanding conflicts like fighter threat, providing a framework for those between Palestinians and Israel. long-term monitoring and assistance to countries in their efforts to address this threat. Bloc Positions Expressing concern over the Organization establishment of international terrorist networks, the Council explicitly emphasized (NATO) Homegrown terrorism can be divided the need to prevent the travel and support of into three main blocs which include the foreign terrorist fighters associated with the North Atlantic Treaty Organization Islamic State in Iraq and the Levant, Al- (NATO), the European Union (EU) and Nusra Front (ANL), and other affiliates or their respective allies, and conflict zones splinter groups of Al-Qaeda. It also decided which encompass Syria, Nigeria, Iraq, that all countries must prevent entry or Afghanistan, and “radical” Islamic groups in transit through their territories of potential the Middle East. Foreign Fighters, in this case defined as NATO is a military alliance of 28 individuals about whom the country has member countries from across North credible information of their terrorist-related America and Europe. It was founded 67 intentions. The countries must require years ago for the purpose of common airlines to provide passenger lists to aid this defense. This core idea is that should one goal. country be attacked, the entire coalition

135 Resolution 2178. www.un.org/en/sc/ctc/docs/2015/scr 136 "UNSC Resolution 2178: How Easily Can It Be 2178_2014_en.pdf. 2014. Enforced?" BBC News. N.p., 26 Sept. 2014. Web.

28 would come to the aid of the attacked In essence, America’s terror problem is very country. One example of this occurred after much a domestic one fueled by either those the terrorist attacks of September 11, 2001. who are unhappy with the government or by Because the United States is a member American citizens who have traveled abroad country, NATO voted to invoke Article 5 of and have been radicalized by terror groups. the Washington Treaty.137 This article is the Canada is also experiencing the same heart of NATO’s purpose: to support problem. In response to this startling fact, member states by declaring an attack on one the US has implemented a number of is an attack on all.138 In mid-October, NATO policies to protect Americans and American launched its first operation against terrorism: interests from lone terrorists. At the center Operation Eagle Assist and Operation of America’s solution to terrorism was the Active Endeavour. While the majority of which gave authorities immense this operation was geared towards military new powers to pursue, target, and apprehend action overseas, there is one specific clause individuals suspected of terrorist acts.141 The that allows military action on American soil. provisions included more power to spy on From mid-October 2001 to mid-May 2000, suspected terrorists using advanced wiretaps seven NATO Boeing E-3 AWACS Sentry that were easier to obtain from judges, the (Airborne Warning and Control System) ability to obtain a search warrant anywhere aircraft were deployed to patrol the skies terrorist activity occurred, as well as a more over the United States. 139 While the threat efficient network to share information. in this instance was from a foreign entity, Another solution the US has come up with there is a clear willingness to employ some to curb domestic terrorism is through kind of action within the borders of a initiatives such as the United States National country. While the attack was from terrorists Security Agency’s (NSA) PRISM program in the Middle East, NATO’s primary or the 2008 FISA Amendments Act, which response seems to be one of swift military gives the government the power to intercept action. the communications of users of popular According to Peter Bergen from Internet sites such as Facebook, Google, CNN, “Every lethal terrorist attack in the Microsoft and Yahoo. In Section 702 of the United States in the past decade and a half law, which does not expire until 2017, the has been carried out by American citizens or government has the ability to collect the legal permanent residents, operating either actual content of an Internet user’s actual as lone wolves or in pairs, who have no communications — not just metadata.142 formal connections or training from terrorist This means that the US government has organizations such as al Qaeda or ISIS.”140 given itself permission to monitor suspicious internet activity that may help thwart

137 “Countering terrorism,” NATO.int, last modified September 5, 2016, http://www.cnn.com/2016/06/12/opinions/orlando- http://www.nato.int/cps/en/natohq/topics_77646.htm homegrown-terror-bergen/ 138 “Collective defence – Article5,” NATO.int, last 141 “The USA PATRIOT Act: Preserving Life and modified March 22, 2016, Liberty,” Justice.gov, http://www.nato.int/cps/en/natohq/topics_110496.ht https://www.justice.gov/archive/ll/highlights.htm m 142 Jason Breslow, “With or Without the Patriot Act, 139 “Countering terrorism,” NATO.int, last modified Here’s How the NSA Can Still Spy on Americans,” September 5, 2016, PBS.org, last updated June 1, 2015, http://www.nato.int/cps/en/natohq/topics_77646.htm http://www.pbs.org/wgbh/frontline/article/with-or- 140 Peter Bergen, “The real terror threat in America is without-the-patriot-act-heres-how-the-nsa-can-still- homegrown,” CNN.com, last modified June 13, 2016, spy-on-americans/

29 homegrown terrorist attacks. For the most EU as well as the US have taken a proactive part, these activities are carried by non- measure to curb the entrance of radicalized military agencies such as the Federal Bureau individuals into their society in the hopes of of Investigation (FBI), NSA, US preventing future bombings. However, this Department of Homeland Security, in system is not foolproof. Since its conjunction with local and state police implementation, one can only imagine the forces, unlike NATO initiatives which were more complex machinery and screening primarily traditional warfare. techniques that have been implemented at airports. While they are for people’s safety, European Union (EU) they have not been installed without protest The European Union (EU) is a union and concern from the citizens. Among some of 28 member European States grouped up of the people’s concerns is the concern for for the purpose of furthering political and personal privacy both in the airport and economic prosperity within Europe. online. The EU claims to be strongly Recently, they too have had to deal with the dedicated to maintaining the freedom of the rise of homegrown terrorists. In 2011, there internet, while at the same time, looking for were two bombings in Norway by a sole ways to prevent its use as a way of radical terrorist—Anders Behring Breivik. Just this groups to launder money, radicalize year alone, there have been attacks in Paris individuals, or use the internet in a as well as Brussels which were from the propaganda manner. The EU has been in actions of sole terrorists.143 Contrary to touch with various Internet Service popular belief, the motivations of these Providers (ISPs) to prevent illegal websites terrorists have seldom been religious; in from being available to the general public. fact, they are mostly separatists who are In addition, at Europol, the EU has created unhappy with their government.144 In ways to monitor the internet, chat rooms, response, the EU has formed a coalition and social networks. While individual EU specifically designed to fight domestic member states may have counter-terrorism terrorism. One of their current major focuses surveillance units, the EU in general has is to limit the influence of radical Islam as focused its attention on preventing risky well as radicalized EU citizens entering the individuals from easy access into member EU by performing more extensive states as well as conducting cyber screenings of people and their cargo.145 The surveillance.146

African Nations 143 Alice Foster, “Terror attacks timeline: From Paris and Brussels terror to most recent attacks in Europe,” Another location where homegrown Express.co.uk, last updated July 27, 2016, terrorism has become an extremely http://www.express.co.uk/news/world/693421/Terror important issue is Africa. Countries of -attacks-timeline-France-Brussels-Europe-ISIS- particular concern include Nigeria, Kenya, killings-Germany-dates-terrorism and Somalia. In recent years, Nigeria has 144 Brandon Martinez, “Vast Majority of Terror Attacks in Europe the Work of Homegrown become infamous for its homegrown Separatists,” Nonalignedmedia.com, last updated terrorist organizations like Boko Haram. March 26, 2016, These terrorists are extreme Sunni Muslims. http://nonalignedmedia.com/2016/03/vast-majority- Every day, policemen, ordinary church terror-attacks-europe-work-homegrown-separatists/ worshippers, and innocent civilians are 145 “Homegrown terrorism: how the EU sees it,” NATO.int, gunned down by the organization’s terror http://www.nato.int/docu/review/2012/Threats- Within/Homegrown-terrorism-EU/EN/index.htm 146 Ibid.

30 campaign, young women are abducted, and areas have been sparse. Sometimes, if the people are terrorized.147 The Nigerian terror acts are atrocious enough, there will government and military has attempted to be mainstream coverage around the world, expel Boko Haram from Nigeria but have otherwise, the terror organizations gain more been met with much difficulty. Whether the and more leverage over the ineffective local government lacks the coordination, funds, governments. military training, or is simply corrupt, it’s On a slightly different note, there is a failure to control and diminish Boko form of homegrown terrorism similar to that Haram’s influence has given the terrorists which has been seen in Nigeria and Kenya, power within the country and its society. but is more the result of a militant party that One issue Nigeria has that could be has overthrown a government. One example contributing to the rise of organizations such is Joseph Kony’s Lord’s Resistance Army as Boko Haram is the high poverty and (LRA) which committed heinous war crimes unemployment rate.148 Young dissatisfied in Uganda. While this did technically men are likely targets for the organization to happen during unstable political times, the exploit. Unfortunately, the local government threat to innocent people did originate from has yet to stop this cycle and Boko Haram within the country and they did terrorize still wields considerable power today. citizens of the country much like the In Kenya, homegrown terrorists have traditional terrorists do today. organized into a group called Al Shabaab which is an Al Qaeda affiliate. Just as in Countries in Which Dissatisfaction with Nigeria, Al Shabaab terrorize people the Government Breeds Terrorism because of their contempt for the The last bloc of homegrown government. In Nigeria, the terrorists were terrorists includes the areas where an angry about the secular teachings and other organized terror group was formed because religions reasons whereas in Kenya, Al of dissatisfaction with the government. Shabaab terrorists are angry with political Eventually, these terror organizations would moves the Kenyan government has made spread across country borders and internet regarding Kenyan violence in Somalia.149 websites. These organizations can be found Whatever the motive, in both countries, the in Iraq, Afghanistan, Syria, etc. One of the state governments have difficult times most prominent organizations is al Qaeda. punishing and controlling the activities of Today, in addition to al Qaeda, there is also the terrorists. This in essence allows them ISIS. Most of the terrorists involved are room to expand and terrorize, massacre, and Iraqi and Syrian.150 Unlike those terror kidnap even further. Resolutions in these groups in Africa, these terror groups have been mostly religiously motivated, believing in a certain branch of Islam as the “right” 147 Jackee Batanda, “Nigeria’s homegrown ideal. These organizations have been terrorists,” latitudenews.com, http://www.latitudenews.com/story/nigerias- responsible for an immense number of homegrown-terrorists/ bombings, hijackings, rapes, beheadings, 148 Carlo Davis, “Anatomy: African Terrorism,” etc. Their influence has spread into parts of worldpolicy.org, last modified June 12, 2012, http://www.worldpolicy.org/journal/winter2012/anat omy 150 Samia Nakhoul, “Saddam's former army is secret 149 Tristan McConnell, “Kenya's case study in of Baghdadi's success,” Reuters.com, last modified homegrown terrorism,” pri.org, last modified June June 16, 2015, http://www.reuters.com/article/us- 10, 2014, http://www.pri.org/stories/2014-06- mideast-crisis-baghdadi-insight- 10/kenyas-case-study-homegrown-terrorism idUSKBN0OW1VN20150616

31 Africa, South Asia, and Europe and North America.151 Besides global influence, these organizations also recruit actively online and in person within territories they control. Another major difference between these organizations and those in Nigeria is that these organizations take control of areas they win by war and enforce sharia law. This makes it very difficult for the local government to take back control of areas lost to al-Qaeda or ISIS.

Conclusion

Although a relatively new problem to the international scene, the threat homegrown terrorism and the foreign fighter phenomenon pose is immense and are issues this committee must address with the utmost urgency. It is not just enough to try to prevent the terrorist attacks themselves from happening or to punish perpetrators, but to look to the roots of the problems including the lack of economic opportunity available and the Wahhabi ideology. This committee must examine how the threat of foreign fighters varies by region as well and come up with the best possible solutions to the current threat they pose without potentially sowing the seeds for a later conflict. While this background guide provides a solid background to the issues at hand, there is still much research to be done about the nuances of the conflict as they pertain to your individual states. It is the task of this committee to properly evaluate all options and choose the best course of action that will effectively address this situation today without repeating mistakes made in the past.

151 Hamid Shalizi, “Exclusive: In turf war with Afghan Taliban, Islamic State loyalists gain ground,” Reuters.com, last modified June 29, 2015, http://www.reuters.com/article/us-afghanistan- islamic-state-idUSKCN0P91EN20150629

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