International Terrorism NATO Responses to International Terrorism Butch Bracknell Asst Legal Advisor, Int’l Law Office of the Legal Advisor, HQ SACT NOT CLASSIFIED

Overview NATO Mediterranean migrant interdiction activity Impact of Human Rights Law on NATO operations, particularly at sea Obligations arising from Convention on Genocide for member states Counterterrorism – energizing NATO action through Article V and the Art 51 doctrine of collective self-defense Strategic Concept 2010 & Wales Declaration 2014 Activities Information sharing Interagency Coordination COE work Capability Development 2

Response to mass migration Operation Active Endeavor Mediterranean Response to mass migration Operation Active Endeavor Article V Operation since 9/11 Since inception-2015 – hailed 122,000 vessels, boarded and inspected 166 suspect ships 3

NATO Migration Response Activity NATO ships not involved in stopping or pushing back refugee boats Limited to surveillance, info sharing and deterrence, sharing info with Greek and Turkish coast guards NATO and member states mindful of the impact of Hirsi Jamaa ECHR case – court found multiple human rights violations and granted complete relief to the petitioners 7-Dec-18 NATO UNCLASSIFIED

Obligations from Convention on Genocide What are member state obligations States required to determine how to implement their obligations – defers to states Contracting parties undertake to prevent and punish Internally Externally? When are they triggered Security Council recognition UNHCR use of the term, but not directly Other methods? Individual states – like US? Have they been triggered? NATO is not a party to the Convention – BUT All 28 member states are party to the Convention 7-Dec-18 NATO UNCLASSIFIED

Future of NATO CT tasks Raison d’etre – Article V, North Atlantic Treaty A mutual defense pact, but not absolute For Article V to be triggered, NAC must say so, or rather no state must object to a NATO position on Article V 9/11 – Lord Robertson’s Pronouncement on Sept 12 No state broke silence but it wasn’t per se a NAC decision It will probably take a strategic level attack (along the lines of 9/11 or worse) to trigger Article V again in a CT context BUT 2010 Strategic Concept and 2014 Wales Declaration concluded terrorism poses a direct threat to the citizens of NATO countries. What about Cyberattacks by terrorists? 7-Dec-18 NATO UNCLASSIFIED

Questions and Discussion 7