TRANSNATIONAL THREATS: BLENDING LAW ENFORCEMENT AND MILITARY STRATEGIES Edited by Carolyn W. Pumphrey November 2000 ***** The views expressed in this report are those of the authors and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. Government. This report is cleared for public release; distribution is unlimited. ***** I would like to acknowledge a special debt to the following persons: Richard H. Kohn and Peter D. Feaver, the outgoing and incoming Executive Secretaries of Triangle Institute for Strategic Studies (1999-2000); Douglas C. Lovelace, Jr., Director of the Strategic Studies Institute (SSI), U.S. Army War College, who conceived this conference and assisted every step of the way; Colonel Bernard F. Zipp of SSI, with whom I worked closely in organizing the conference and who bore all my shortcomings with great patience; Rye Barcott (conference rapporteur) and Jonathan Phillips (transcriber), both of the University of North Carolina at Chapel Hill, without whose excellent and timely assistance my own task as editor would have been so much harder; and Joseph Caddell of North Carolina State University who, as always, provided invaluable critical input when it was most needed. ***** Comments pertaining to this report are invited and should be forwarded to: Director, Strategic Studies Institute, U.S. Army War College, 122 Forbes Ave., Carlisle, PA 17013-5244. Copies of this report may be obtained from the Publications and Production Office by calling commercial (717) 245-4133, FAX (717) 245-3820, or via the Internet at [email protected] ***** Most 1993, 1994, and all later Strategic Studies Institute (SSI) monographs are available on the SSI Homepage for electronic dissemination. SSI’s Homepage address is: http://carlisle-www.army. mil/usassi/welcome.htm ***** ISBN 1-58487-037-0 ii CONTENTS Foreword . . . . . . . . . . . . . . . . . . . . .. v 1. Introduction Carolyn W. Pumphrey . . . . . . . . . . . .. 1 2. An Overview from Law Enforcement’s Perspective Spike Bowman . . . . . . . . . . . . . . .. 19 3. Transnational Threats: U.S. Military Strategy Daniel S. Roper. . . . . . . . . . . . . . .. 41 4. Information and Terroristic Use of Mass Weapons: The Larger Context Kenneth A. Minihan . . . . . . . . . . . .. 51 5. Intelligence Problems as They Relate to International Crime Organizations and Drug Trafficking William J. Olson . . . . . . . . . . . . . .. 57 6. Transnational Threats Vis-`a-Vis Law Enforcement and Military Intelligence: Lessons on the Emerging Relationship Elizabeth Rindskopf-Parker. . . . . . . .. 65 7. Terrorism by Weapons of Mass Destruction: A Reassessment of the Threat Bruce Hoffman. . . . . . . . . . . . . . .. 85 iii 8. Terrorism and Weapons of Mass Destruction: A Review and New Paradigm Jeffrey F. Addicott . . . . . . . . . . . .. 105 9. Bruce Hoffman’s View of Terrorism by Weapons of Mass Destruction: Another Perspective Victor Utgoff. . . . . . . . . . . . . . . .. 133 10. The National Information Infrastructure: The Role of the Department of Defense in Defending It Daniel T. Kuehl . . . . . . . . . . . . .. 137 11. Daniel T. Kuehl’s View of DOD’s Role in Defending the National Information Infrastructure: Another Perspective Phillip E. Lacombe. . . . . . . . . . . .. 163 12. Daniel Kuehl’s View of Information Warfare and the Defense of U.S. Information Systems: Another Perspective Richard Marshall. . . . . . . . . . . .. 173 13. Combating Transnational Organized Crime Phil Williams . . . . . . . . . . . . . .. 185 14. Phil Williams’ View of Criminal Organizations and Drug Trafficking: Another Perspective Thomas V. Fuentes . . . . . . . . . . .. 203 iv 15. Phil Williams’ Views on Combating International Organized Crime: Another Perspective James R. McDonough . . . . . . . . . .. 213 16. Preparing for War in the Fourth Dimension: A Reality Check David M. Crane . . . . . . . . . . . . .. 221 17. Terrorism and National Defense: The Congressional Perspective William Natter . . . . . . . . . . . . .. 231 18. New Institutions and New Ways of Operating Jeffrey A. Hunker . . . . . . . . . . . .. 237 About the Authors . . . . . . . . . . . . . . .. 253 v FOREWORD On February 2-3, 2000, the U.S. Army War College, the Triangle Institute for Security Studies, and the Duke University Center for Law, Ethics, and National Security co-sponsored a conference in Chapel Hill, North Carolina. The conference examined transnational threats, including terrorism involving weapons of mass destruction, cyber threats to the national infrastructure, and international organized crime. The goal was to evaluate the seriousness of such threats and discuss strategies for dealing with them. In particular, the conference sought to address the question of how military and law enforcement could blend their strategies to better counter transnational threats. A secondary purpose was to clarify the role of the military in meeting challenges that transcend national borders and threaten our national interests. This book highlights some of the main issues and themes that ran through the conference. After looking at the various threats and undertaking a risk assessment, the book considers the unique aspects of transnational threats, and then identifies the key challenges facing the United States, paying particular attention to the role of the military. To conclude, the book discusses some of the steps that should be taken to secure ourselves against transnational threats. The Strategic Studies Institute is pleased to publish this volume as a contribution to the debate on important national security issues. DOUGLAS C. LOVELACE, JR. Director Strategic Studies Institute vii CHAPTER 1 INTRODUCTION Carolyn W. Pumphrey On February 2-3, 2000, the U.S. Army War College, the Triangle Institute for Security Studies, and the Duke University Center for Law, Ethics, and National Security cosponsored a conference in Chapel Hill, North Carolina. The conference examined transnational threats, including terrorism involving weapons of mass destruction (WMD), cyber threats to the national infrastructure, and international organized crime. The goal was to evaluate the seriousness of such threats and discuss strategies for dealing with them. In particular, the conference sought to address the question of how military and law enforcement could blend their strategies to better counter transnational threats. A secondary purpose, as noted by Major General Robert H. Scales, Jr., at the start of the meeting, was to clarify the role of the military in meeting challenges that transcend national borders and threaten our national interests. Transnational threats are major security threats for the 21st century. They are characterized by their global nature, which means, by definition, that these threats straddle both the domestic and foreign spheres. Whereas responsibility for U.S. national security threats in the past clearly belonged to the military and responsibility for domestic security belonged to law enforcement, these clear-cut divisions no longer exist. This poses some profound constitutional and security challenges. On the one hand, institutions that have developed separately must now learn to work closely together and to blend their strategies in order to ensure our nation’s security. On the other hand, the division of military and law enforcement functions is closely linked to the preservation of our liberties, and the task of 1 merging them is fraught with hazards. In the very act of preserving our security, we run the risk of forfeiting some of our liberties. Blending law enforcement and the military is thus a vital but dangerous balancing act. This introduction will synthesize some of the main findings of the conference participants and attendees. After looking at the various threats and undertaking a risk assessment, we will consider the unique aspects of transnational threats. We will then identify the key challenges facing the United States, paying particular attention to the role of the military. To conclude, we will discuss some of the steps that should be taken to secure ourselves against transnational threats. A Threat Assessment. Our starting point must be to evaluate the nature of the threats we face. Only when we understand what is at stake can we determine what we can put at risk. Terrorism entails the use of psychological warfare to achieve political goals. The perpetrator of an act of terrorism lacks the legitimacy of a nation-state or other recognized political entity. Terrorism is thus usually (though not inevitably) classified as a crime. Contemporary terrorist networks typically are not state-sponsored. A number of terrorist acts have been perpetrated by sub-state groups, and individual terrorism is also a potential problem. The aims and objectives of contemporary terrorists are often unclear. In part, this is the result of deliberate policy on their part; anonymity enables them to capitalize on the fear and alarm generated by their violence. Their organizations are also far more amorphous than was typical of traditional terrorist groups, making them harder to retaliate against than in the past. Terrorists today have a frightening capability in that they can now get access to (or manufacture) nuclear, biological, and chemical WMD. In the estimation of Bruce 2 Hoffman, they are not likely to resort to the use of such weapons for a variety of reasons. In part, it is because such weapons cost a lot to acquire, test, and manage. In part, it is because terrorists can achieve their goals just as effectively by using more traditional weapons. They must also consider the possibility that they will alienate public sympathy if they inflict massive casualties. Hoffman argues that the more likely threat may come from an unconventional chemical, biological, or radiological weapon built on a deliberately small scale. Such an attack would generate just the right amount of alarm and fear to serve the purposes of the terrorists. Given these realities, the threat of terrorism involving WMD is, in Hoffman’s view, less than generally assumed. While rapid technological innovation and opposition to perceived U.S. hegemony suggest that future terrorist use of WMD cannot be precluded, his estimate is that the threat is currently somewhat exaggerated. His assessment is not, it should be noted, fully shared by commentators Jeffrey Addicott and Victor Utgoff. In their estimation, remote though it may be, the mere chance that such a catastrophic incident might take place, makes terrorism by WMD a threat of considerable magnitude. Cyber threats come in two varieties: information warfare and cyber-crime. Both threats are directed against the U.S. information infrastructure. The distinction between the two types derives from the intent of the perpetrator. If the attacks are carried out with the intent to disrupt or undermine the government, they constitute war. If, by contrast, they are carried out for reasons of personal or organizational gain, they are crimes. Dan Kuehl and commentators Richard Marshall and Phillip Lacombe all stressed the seriousness of these threats. The national information infrastructure is of critical and growing importance to American economic strength, political vitality, national will, and military power. Cyber attacks, especially if they take place in the 3 context of more conventional military hostilities directed against the United States, have the potential to do enormous damage. Cyber crimes, too, can be immensely costly. Even if a hacker is penetrating systems for amusement rather than out of deliberate malice, the damage can be considerable. Our increasing dependence on cyberspace makes the United States vulnerable, especially as the private sector owns and controls much of the medium. We are also at risk because we awoke to the threat relatively late, because technology is changing at a pace unmatched in earlier times, and because the environment is a new one. The revolutionary new environment obliges the United States to revise many of our traditional paradigms before we can develop effective strategies. As a result, we find ourselves less well prepared to deal with these threats than with many others. Organized crime is defined by Phil Williams as the continuation of business by criminal means. It is characterized by association for criminal purposes, corruption, and violence. The international criminal organizations of today are larger in size, scope, and power than those of earlier times. Their composition is increasingly multi-ethnic, and the criminals are showing a growing ability to cooperate among themselves. Many organizations have tremendous resources. They have tapped into the new opportunities presented by the internationalization of trade, finance, and communication. They are adaptable and flexible. They show an ability to exploit states in direct relationship to their vulnerabilities and have a flair for minimizing the risks to themselves. From the standpoint of the United States, we are not, in Phil Williams’ estimate, in direct danger. Organized crime thrives best where the state is weak and corrupt; the United States serves rather as a host-state, i.e., a state which offers good markets. Inasmuch as the intention of organized criminals is to exploit and manipulate the United States rather than destroy it, the threat is limited. As Tom Fuentes puts it, it is not in the interest of a leech to kill the blood 4
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