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

2. 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

3. 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

4. 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

5. 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

6. 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

7. Questions and Discussion7