The Need for a Legitimacy Driven Response to Counter-Terrorism Zainab Mustafa. Edited by Oves Anwar 04/05/2017

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1 The Need for a Legitimacy Driven Response to Counter-Terrorism Zainab Mustafa Edited by Oves Anwar 04/05/2017 Terrorism is a menace that has the ability to undermine the very foundations of a democratic order, necessitating swift and decisive Governmental responses to protect their citizens. Counterterrorism measures by the State on the other hand, also have the potential to threaten democracy by limiting civil liberties and human rights and as a result, have the tendency to alienate the population. While devising counter-terrorism responses, it is crucial for policymakers to be cognizant of the need for strengthening public opinion, support and trust for State institutions. This is the essence of the legitimacy driven approach to counter-terrorism and is key for success against terrorism in the long run. 1 Public support is essential for success since the average citizen has become a critical stakeholder in the fight against terrorism. Perceptions of the public have a major significance in combatting terror. Terrorists and insurgents fight the Government for political legitimacy and put Governments on the defensive by trying to win the hearts and minds of the citizenry. 2 Thus, in order to succeed against the Government, terrorists rely on the support of the common man. 3 Terrorists attempt to do so by making the public question the Government s ability to lead, and aim to weaken the population s trust and loyalty towards the State and its institutions. Insurgents and terrorists develop justifications for launching attacks on the State and in order to be prevail over terrorists the Government has to counter this narrative. A grave mistake that takes place is that military planners and strategists often overlook this aspect. The kinetic counter-terrorism operation must therefore be preceded by the buildup of the State s narrative against terrorism. 4 Further legitimizing measures that the State can adopt in order to strengthen governmentcivilian relations include granting political concessions to ethnic or religious minorities, strengthening 1 Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) v 2 Ibid, 31 3 Ibid, 31 4 Lt Col Ali Raza, 'Public Opinion and Counter-Terrorism Strategy' [2014] ISPR Hilal Magazine < accessed 12 February 2017.

2 the State s economy, reducing housing and employment inequalities, and the use of defensive mechanisms to protect the public from terrorist attacks. 5 Meeting the public s economic and political needs should be made a top priority. If this is not done, dissatisfaction with the Government can become common due to the State s non-responsiveness or lack of political concessions, and as a necessary consequence terrorists are more likely to find sympathizers within the population. This also has a negative impact on intelligence-gathering as the Government loses support from its people. 6 These legitimizing measures are hence important in order to deprive terrorists of legitimacy, and to undercut their claims as an alternative to the Government. As a corollary, the number of sympathizers will also be reduced and such steps will also remedy any grievances that the public may have against the State which could potentially spark anti-government sentiment. 7 The most vital step that the State needs to take in order to win the hearts and minds of the common man and to legitimize CT measures, include the development of a national plan against terrorism that focuses on the State occupying a high moral ground through, inter alia, the development of a patriotism driven narrative against terrorism, the promotion of rule of law, strengthened command and coordination, international cooperation between different states and security forces, coordination within and between intelligence agencies, development of specialized indigenous capacity to counter terrorist propaganda, improving the capacity of operatives, minimizing the infringement of human rights and promulgation of effective anti-terrorism legislation which builds public trust and support Development of a Narrative against Terrorism Pakistan has been suffering at the hands of terrorism for over a decade. Since 2003, civilians, and 6695 security personnel have lost their lives due to terrorism. 9 Despite these losses, 5 Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) 4 6 Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND)6 7 Ibid, 4 8 Azoulay A, Counterterrorism and The Security-Liberty Dilemma-A Critical Discourse Analysis of French Print Media After The January 2015 Terror Attacks In Paris (, London School of Economics 2015) < accessed 10 February 2017 v 9 South Asia Terrorism Portal accessed 20 February In total 61,885 people have lost their lives as a result of terrorism and counter-terrorism offensives in Pakistan as of 19 th March 2017.

3 terrorists/insurgents are still able to garner some support in the masses. This is due to the population falling victim to charged religious discourse. 10 The common man embraces radicalism, not necessarily because they understand the underlying ideology or comprehend the religious principles, but due to the fact that such ideas have become popular in the society and are not challenged by an alternative discourse. Therefore, it is crucial that a strong counter-narrative be developed that challenges this radicalization discourse. Counter-narratives are attempts to challenge extremist and violent extremist messages, whether directly or indirectly through a range of online and offline means. 11 Such a narrative is aimed at reforming individuals and groups who are on the path to radicalization by delegitimizing and demystifying terrorist propaganda. 12 It is also aimed at winning the hearts and minds of the people. 13 Furthermore, it is also important that the narrative also effectively explains to the common man why the State is taking a particular position. If the State builds a comprehensive CT narrative, it will be more defensible. The narrative can also be bolstered by having cogent legal arguments at its foundation. Declarations by Government officials to fight terrorism is political posturing and not narrative based- decision making. There should be a narrative which focuses on the application of the Constitution of Pakistan in enforcement of operations, legitimizing CT measures. Such a document could then highlight the legal reasoning for the State s motivation to fight terrorism. 14 The policy could state that the Government of Pakistan wants to take all the necessary measures to uphold the Constitution of Pakistan. The State can then negotiate with terrorists to lay down their arms. In a scenario where these negotiations fail, the terrorists will be found in direct violation of Articles 5 and 256 of the Constitution of Pakistan by waging a war against the State. 10 Muhammad Feyyaz, 'Why Pakistan Does Not Have A Counterterrorism Narrative' (2015) 8 Journal of Strategic Security Briggs and Feve, "Review of Programs to Counter Narratives of Violent Extremism," 6, Ibid. 13 Muhammad Munir, 'National Counter-Terrorism Narrative' (Ipripak.org, 2015) < accessed 26 February Ahmer Bilal Soofi, 'Counterterrorism: The Legal Angle' DAWN (2014) < accessed 16 February 2017.

4 Pursuant to the same policy, the State will then have the authority to call on their law-enforcement agencies, by law, to disarm and disable terrorist and insurgent elements. 15 Furthermore, Pakistan s responsibility and legal compulsion to counter terrorism as a member of the international community should also be highlighted. If Pakistan does not comply with international legal requirements to curb terrorism, Pakistan could be identified as a non-compliant State with binding obligations under the resolutions of Chapter 7 of the United Nations Security Council. 16 It is also crucial to recognize that the media plays a seminal role in dissemination of this narrative. Therefore, the policy needs to provide guidelines for the media in relation to coverage of law enforcement actions. Jurisprudence 17 has elucidated obligations for all professionals, including journalists to report relevant information to law-enforcement agencies. Additionally, the media should carry out practices of fair reporting of information shared by terrorist/insurgent elements, as opposed to glorifying their cause. 18 The absence of such a policy also reduces the Government s ability to assist the judiciary on the legal aspect of enforcement of operations, which leads to judgements which do not take the legal environment of internal conflict and the State s agenda into account. Thus, building of a strong narrative for national stakeholders, media and the people of Pakistan is crucial in order for them to be aware and for the common man to develop trust in the State. 19 The absence of a unified narrative against terrorism impedes Pakistan s ability to counter terrorism effectively and also creates a negative impact outside of the country s sovereign territory Promotion of the Rule of Law Another crucial limb of legitimizing counter-terrorism is the promotion of the rule of law. States must comply with the rule of law and respect human rights while fighting terrorism. CT efforts 15 Ibid. 16 Ahmer Bilal Soofi, 'Counterterrorism: The Legal Angle' DAWN (2014) < accessed 16 February PLD 2013 Balochistan 75 (High Court Bar Association v Government of Balochistan through Secretary, Home and Tribal Affairs Department) 18 Ahmer Bilal Soofi, 'Counterterrorism: The Legal Angle' DAWN (2014) < accessed 16 February Ibid. 20 Muhammad Feyyaz, 'Why Pakistan Does Not Have a Counterterrorism Narrative' (2015) 8 Journal of Strategic Security 64

5 which disregard the rule of law betray the values that they seek to uphold. Violations of the rule of law also lead to further extremism. 21 Promotion of the rule of the law entails strengthening of the criminal justice system. A weak, abusive or dysfunctional criminal justice system negatively impacts the local population s sentiments towards the State and can also lead to extremism. Additionally, Governments that are corrupt, unaccountable or repressive are normally responsible for poor development of the State in terms of its economy, justice offered or security. If rule of law continues to be ignored, the people of the country lose trust in the State. Therefore, the objective of promoting the rule of law and strengthening the criminal justice system is to bring positive change in the country and providing citizens of the country with the comfort of knowing that everyone is equal under the law Effective Command and Coordination Structure In order to legitimize CT operations, a well-functioning command and coordination structure needs to be established so that the State has the ability to detect and respond to the first signs of destabilization and conflict. If no such structure exists or is inefficient, it provides insurgents with a wide window of opportunity since it breeds confusion among security forces about their individual responsibilities and roles. It may also lead to a duplication of effort, competition, and a substandard collection and dissemination of intelligence. Additionally, an effective structure assigns responsibility to a single individual who has authority and responsibility over all the aspects and elements of the counter-terrorism or counterinsurgency operations. 23 Furthermore, this individual should then ideally have the authority to supervise coordination between the military, police, judiciary, intelligence agencies and the civil administration at every level of Government hierarchy. 24 A unified structure also allows for the execution of a national counterterrorism plan more effective Enhancing the capacity of operatives and law enforcement personnel With the changing nature of terrorism, it is also crucial to focus on the level of training and skill of law enforcement personnel. They should have the requisite training to carry out operations 21 'Promoting and Protecting Human Rights and The Rule of Law While Countering Terrorism Counter-Terrorism Implementation Task Force' (Un.org) < accessed 18 February Center on Global Counterterrorism Cooperation, 'Criminal Justice and Rule of Law Capacity Building to Counter Terrorism in Fragile Institutional Contexts: Lessons From Development Cooperation' (Center on Global Counterterrorism Cooperation 2012) < accessed 17 February Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) 4 24 Ibid, 6

6 without leaving a large footprint by undertaking special operating procedures, exchanging professional expertise and by undergoing high levels of training. Special forces can play a unique role in this regard disrupting insurgent campaigns, strengthening relationships with international partners for sustained peace and stability, carrying out targeted operations and hunting down terrorist cells and leaders. 25 This will entail employing low-cost, small-footprint and innovative approaches to achieve security objectives. 26 Special forces can also engage in non-lethal activities such as, inter alia, dispute resolution, dissemination of information, provision of medical aid, and building schools. This can not only win the support of the population but also aid in forging wider security partnerships in the international community Build Public Trust through Effective Counter-Terrorism Legislation Legislation that builds public support can play a crucial role in successful counterterrorism campaigns. CT legislation should be sensitive to public concerns over potential infringements of civil liberties. This can be achieved in the form of lighter sentences for terrorists who have abandoned their unlawful activities and joined forces with the Government. Furthermore, it is also important to recognize that draconian anti-terrorism laws act as a double-edged sword. These laws may act as a deterring measure by prosecuting and punishing terrorists and their sympathizers. However, such legislation does not meet international standards, since it often restricts civil rights, 28 and also has the potential to alienate the general population. 29 There is also a need to concentrate on the promulgation of legislation that adopts a long-term, research based approach as opposed to stop-gap measures drafted as a knee-jerk reaction to terrorist incidents International Cooperation There are many factors which thwart international cooperation when it comes to counterinsurgency or counter-terrorism measures. Countries may have conflicting diplomatic, political or economic interests. 30 There is a possibility that by minimizing human rights infringements while 25 'Pakistan's Special Forces, Marines Hold Counter-Terrorism Demonstration' (Sputniknews.com, 2017) < accessed 18 February Linda Robinson, 'The Future of US Special Operations Forces' (Council on Foreign Relations 2013) < accessed 20 February Ibid Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) 7 29 Ibid 4 30 Ibid 8

7 countering terrorism and promoting the rule of law, the standing of a State in the comity of nations improves, thereby increasing the chances for international cooperation in this regard. Counterterrorism operations can benefit from shared research and intelligence, concrete aid and mutual extradition agreements. Foreign collaboration becomes crucial where terrorists have the ability to launch cross-border and transnational attacks. Thus, developing good relations with other States is essential so that effective collaboration can deprive insurgents or terrorists of their access to bases outside the country. 31 Furthermore, garnering international support also reduces the space for any potential criticism of Pakistan s operations against terrorism Public Support Facilitates Intelligence Gathering The proper acquisition, analysis, along with coordination and dissemination of intelligence is a key feature of any successful counterinsurgency or counter-terrorism campaign. This can only be achieved through establishing a centralized, integrative, cooperative intelligence organization which can disseminate intelligence information effectively to officials engaged in tactical operations. 32 There is also a need to cultivate and exploit human intelligence sources, 33 which makes the support of the public even more crucial. Only if the State has the support of the people can effective intelligence gathering be carried out. Without the support of the people, law enforcement officials will be carrying out operations based on weak intelligence Conclusion The essence of the legitimacy based approach to counter-terrorism is the development of a strong relationship with the public based on trust. Weak relations between the Government and the population can greatly impact the State s progress by hampering intelligence gathering and undermining the command and coordination counterterrorism structure. Favorable public opinion and trust in State institutions provides State authorities with a margin of error that provides critical time in this struggle against terrorism. 34 Thus, States should aim to acquire public support as a top priority. The Government should be willing to make concessions and provide incentives. Otherwise counter-terrorism will only rely on the tactical skills of the forces with limited intelligence. 31 Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) Ibid 8 33 Ibid 5 34 Ibid 75

8 Furthermore, costly and long-term harsh measures will continue to be implemented which will lead to the alienation of the both the domestic public and the international community Bruce Hoffman and Jennifer Morrison, A Strategic Framework for Countering Terrorism and Insurgency (RAND) 76