MILITARY JUSTIC INTRODUCTION | Military justice is the the military establishment. The: yystem for enforcing disci line and administering criminal tw n ‘se are some salient aspect: r 5 of Our military justice syste Under the broad concept, rules governing the conduct of | for a method by which persons who break them may be punishes War, the Manual for Court-Marshal, the Constitution of the Phill bring us to the topic of military jurisdiction military personnel and providing d are contained in the Articles of lippines, and pertinent laws. This Military jurisdiction emanates from several sources, among which are the Constitution of the Philippines and International Law, some specific provisions of the Constituien ranting Cine Powers to Congress, ani in the authority vested in the President of the Philippines as Commander-in-Chief of all Arried Forces But how is military jurisdict being carried out? It is exe m exercised and what are the agencies through which itis d by a belligerent state occupying an enemy's territory (military government); by a government temporarily governing the civil populace through its military forces without authority of a written law as necessity may require (maril law); and by the Yovernment in the execution of its authority over the military as conferred by 2 branch of ‘municipal law. Each exercise is carried out by the following agencies 1 Courts-martial ~ General, Special, and Summary 2 Commanding Officers in exercising their disciplinary powers under Articles of Var 105, 3 Courts of Inquiry 4 Military Tribunals or Commissions ARREST AND CONFINEMENT OF OFFENDERS: Let us now consider tre classes of individuals who automatically fall under the jurisdiction of courts-martial bevore we tackle the topic of arrest aiid confinement of military offenders. As a general rule, cousts-mastial have the exclusive jurisdiction overall persons subject 10 military Iaw who com nit an offense penalized by the punitive articles of war. To the ‘more specific, the term “persons subject to military law" refers to the following, 1 Allofficers and evlisted personnel in the Regular Force of the AFP. 2 All reservists fiom the date of their call to active duty and while on such active ut * 3. Allwrainces undergoing military instructions 4 All cadets of the FMA and PAF Flying School, and Probationary Lieutenants on Bs Reniacs to campland al persons accompanying ot sving wih the AFP in the war or when martial law is declared, ‘saben persons under sentenice adjudged by a court-martial or military tribunal It would be appropriate to stale a tis junction that CAT and ROTC cadets are ‘not “persons subject to military law” because they ave not considered as “cadets” as defined by the Articles of War | Military Jurisdiction over a person is terminated upon discharge or separation from the service, however, jurisdiction of a court-martial as to offense is not automatically terminated upon discharge or sepavation in the foliowing instances 1. Cases of fraiid or embezzlement 4 2. Where a discharge or separation is obtained through fraud, the discharge &* separation may be cancelled and individual is arrested and retutned to military control3. Where a soldier's discharge or separation does not interrupy his status as a person subject to military law” ] ‘When a person “subject 10 military law” commits or is charged with a serious ‘itary offense, he/she shal be placed in confinement orn ares as circumstances may require tit nthe sense, means the taking into custody of someone by egal authority. When cael witha minor offense only, such person shall not ordinary be placed in confinenent Artec at tonffnement may be defered until arraignment and failure to arest or confine a person doce mn Affetthe jurisdiction of court-martial The following classes of persons subject to military law shall be placed in arrest God :onfinement as follows , 1 by ctlisted person — by officers only in person, through other fersons subject {omibiary law, or by oral written orders or communication 2 ous, set®: Probationary lieutenants, and cadets - by Commanding Officers & (person, through other officers, or by oral and written orders or commiinication. ‘The Susherity 10 place such persons under arrest confinement can be not be delegated Where any person subject to military law is placed under arrest o: confinement, teprlate steps are taken either it prefer charges against him with the view to binging hire to fidand carry the case toa final conclusion, or dismiss the charges and ubsequentIé release fi -Biut who may initiate or prefer the charges against an erring miliary man They wen, follows ¥ ties nYPOdY = whether subjects to military law or imo, may give information PeTEItaTY authorities concerned tat an offense is supposedly commited by a person subject vo militry lay sat he An person subject 10 military law may prefer charges against military thesder although he is under atest or confinement, (In minor eases, henenes ihe necessary ‘nfe-mation is brought tothe atention of the immediate Commanding Ofien of tie accused) Th no Lormal investigation is conducted, the charges ar refered to an igvestigaing Pre itis fier conducts the investigation to determine whether a prima fae aac hig 14 {Pom OF investigation is submited to the Sua Judge Advocate (SA) for ht sods Seen advice Heit is determined that no prima facie case exists to warrant trial by court-martial, the (ate either dropped, or some other appropriates action is taken, On the other hand, where the SIA determines that there is prima facie case, he ‘etenmends to the Commanding Officer exercising court-martial jurisdiion to nkenal ees {as 20 8 court-martial for prosecution The action of a Commanding Officer on cae depots 4 eperation of Article of War 105 shall be discussed under a separate ubopic of ns ee The Commanding Officer appoinis a court-martial to try the case. Once the tal is {erninated and results in the conviction of the accused, the sentence, as adjudged is ordered Iemulgate until it i fully served. 1f, on the other hand, the trials ends in the acquittal of the accused, he is immediately ordered release rom confineinent and restored to military duty SOLE OF COURTS-MARTIAL AND OTHER TRIBUNALS, Cours-Martal and other miliary wbunalsgenealy exist to assist commanders inthe dministration of militery justice. Specifically, they are established to enforce discipline in the military establishment and to serve as deterrents to military crimes and offense. And; by the vers ‘sure of the conduct of trial, these courts-martial and other military tribunals hasten the ation of military justice, let us lok into the jurisition as to person, offense, ara iments of each of the three (3) types of court-martial to substantiate the contention jusFor instance, a general court-martial has jurisdiction ow ov mneral court-martial can impose the following: deprivation of liberty on shore ses, Confinement not exceeding to thiry (30) days, and solitary confinement on camenctead fof justice This compounded by the nature ofthe offense andthe punishment to b ce solitan ted out ‘A special court-martial, on ane hand, has the exclusive jurisdiction to try all other persons. subject to military law, excepting officers, for offense not capital in nature and whose probable sentence includes confinement not exceeding six (60 months, restriction to limits hard labor ‘without confinement not exceeding three (3) months, and reprimand, admonition, and demotion invank. The proceeding conducted are not as tedious as those for a general court-martial An entirely different case would be the trial by a summary court-martial where its proceeding are much faster than those ofthe other types of court-martial Since it has at least one (1) member who seats as President, Trial Judge Advocate (TIA), and Defense Counsel (DC) at the same time, and since its juritdiction as to person, offense and punishment is limited summary court-martial can dispose of a certain case in most expeditious manner. A summary court-martial can ty private, private First class, and NCOs below TSz for offenses not capital in nature. It can judgment as follows) confinement from one (1) month, restriction 10 limits for tree (3) montis, and for forfeiture er detention of 23 pay for one (1) month Military Commissions or Trbunals play the same role as court-martial, During martial Jaw, which was in effect throughcut the country from 1972 to 1981, these commission or F tribunals tied cases referred to them in the same expeditious way, Even civilians who committed ‘oifenses not subject for trial by the court-martial fell under the jurisdiction of the special bodies Whose proceedings were in accordarce with procedural law. Mention must be made here that a Chinese national who was accused of drug pushing and distribution was found guilty by @ inilitary commission and meted out tie death penalty through musketry, These bodies had helped in the faster dispensation of justice which would have taken years to dispose of under normal conditions. PUNITIVE ARTICL OF WAR AAs gleaned from historical records, the Anicles of War were promulgated elfestive September 14, 1938 when the unicameral Philippine National Assembly enacted Commonwealth [AGL No 408 which became the besic law that give the guidance in the operations of the ‘Country's Armed Forces, then known as the Army of the Philippines. Then as now, there are 120 Ailes most of which were lifted fiom the US Uniform Code of Miltary Justice. tis for this Feason that our Articles of War had the same substance as the American Military Code of 1928 ‘which was found applicable of Philippine conditions ‘Of the 120 Articles of War, 52 are considered as the punitive because they specify that punishment is t0 be imposed for each military offense committed. Articles of War 54 t0 105, inchisive, are the punitive articles. There are two (2) broad categories of crimes or offenses included in the punitive articles of war and these are 1 Crimes or offenses that are similarly within in the contemplation of the Revised Penal Code ofthe Philippines, ) 2. Offenses that ave strictly classified as purely military Article of War 105 This particular Anicle of Wer empowers Commanding Officers of units 10 pus versomel ander them for minor ofenes without the iervetion of court-martial. This = ‘ost expeditious way of disposing minor cases without necessarily sacrificing the ends =: And military discipline } 2 ssATRIA lfese i minor ad aroun | aoe) a rarer OC eopren One ar Commanding Officers tn making Pre tietgetha wo Ariele of War] 105, ‘Commanding Ulcer are guided by the following etna ae and circumstances attendant to the offense, {fect ofthe punishment on the unit a whole ans by which the offense is customarily Sefaet inthe military, Now, lt us go buck into thon acer tht ake ah offense serous 4 not minor. The following are considered a serious miltary offences 1. Offenses involving moral turpitude, 2 Offenses with specific or mandatory punishment based on the punitive articles of ‘war 4 Grimes or offenses calling forthe imposition ofthe death penulty 4 Other offenses where the judgment or sentence of confiiement in a penal institution is called for Linder Article of War 105, Commanding Officers are authorized 10 impose the following [Fenalties under their broad disciplinary powers, Admonition Reprimand Suspension of privileges for a period not exceeding one (1) wesk Extra fatigue not exceeding one (1) week Hard Labor without confinement not exceeding one (1) werk for privates and prvates first class 6 Any combination of the penalties just cited not exceeding one (1) week ‘These authorized punishment may be imposed only when the offender not demand trial by a court martial. This isa basic requirement to be met before any form of punishment can be Imposed Once an accused demand tial by a court-martial, the necessary charges are preferred for wrial by « court-martial vested with competent jurisdiet |Everyone chirged with a penal offense has the right to be presumed innocent until proved guilty according to law in public tral at which he has had all the guarantees necessary for his fefense. 2 No one shall be held commission which did not constitut a penal offen ‘ime when it was committed ty of any offense on account of any act of nse, under national or international lav, atthe ARTICLE 12 ~ No one shill be subjected to arbitrary interference with his privacy Family, home or correspondence, nor to attacks upon his honor and reputation has the rizht to the protection of the law against such interference or attacks, : ARTICLE 13 |. Everyone has the right to freedom of movement and residence within the borders of each state 2 Everyone has the right t0 leave any country, including his own, and ‘elumns to his country. ARTICLE 14 1. Everyone has ‘he right to seek and t0 enjoy in other countries asylum fom Prosecution 2. This right may not be invoked in the case of prosecutions genuinely ‘sing from non-political exime or fiom acts contrary tothe purpose and principles ofthe United Hacions ARTICLE 15 1 Everyone has he rg Jo shange nationality toa nationality (o one shall Le arbitrarily deprived oF his nationality nor denied the right ARTICLE 16 1 Men and women 0” full age, without any limitation dve to race, nationality or relizion have the right to marry ard to find family They are entitled to equal rights as to naiage, during marriage and its dissolution, 2 Marriage shall be entered into only with the free and full consent of the Aiending spouses 3. The family is the natural and fundamental group unit of society and is ‘bled to protection by society and the state ARTICLE 17 1. Everyone has the right to own property alone as well as in association with bers. f 2, Noone shall be arbitrarily deprived of his property. ARTICLE. 18 ~ everyone has the right to fieedom of thought, conscience and religion, Jhis right includes freedom to hold opinions without interference and to seek, receive and impart jn‘ormation and ideas through any media and regardless of frontier ARTICLE 19 i 1. Everyone has the right to freedom of peaceful assembly ‘and associatio 2 Noone may be compelled to belong to an assocHUMAN RIGHTS freedom like the sight +2: Securig tt" Rizhs — embraces those fundamental "ery, Security of person proeny and eal peoeton fe a” 3F political position, to vote = Example: choose his own occupation, his religion, run for po eal Right ether people and right fo the product of his labor as guaranteed by the B ight and those embodied in he universal delraion of aman righ; 2 Asthere a tradition of nan rights in the Philippines? Yes, even before the advent of western influences, we have a tration of human an as typified in the Code of Kalaniw where igh and obligation duties and privileges of Social groups are defined Example billets of the land had certain right to the product of his own Pad set iva had the recognized rights on forest prado in accordance with the ability and strength {Chie had the right to protet the lives of his followers. 4. The right to property, © The custom and tradition ofthe locality UNIVERSAL DECLARATION OF HUMAN RIGHTS ARTICLE 2 Everybody is entitled to al rights and freedom Setforth in this declaration, Spine “tinction of any kind, such as race, color, sem, lange” ‘eligious, political or other opinion, ARTICLE 3 ~ Everyone ha the right to ie, liberty and security of pero aching NO on sal be hed in slavery or serve andthe slave trade shall be Drohibited in ail forms, ARTICLE 5 ~ No one sal be subjected to torture oo cru in human and degrading treatment or punishment ARTICLE 6 —Lveryone has the right 1 recognition everywhere as jerson before the tnw ty discrimination of ARTICLE 7 ~ All are equal before the laws are emtitled with f ¥ diserimination in miedo eqn protection aun ra zion of in ‘ae eed a etc tua ste dctorion od aqaina any center Soo ance — everyone as thst a ft reney bythe competent sation tnbuas orcs ving he dane ats ated hin yas enema ARTICLE 9 ~ No one shell be subjected 1 arbitrary arrest detention or exile everyone cli in il ety and public hoarding bs a indpenen an imparal al ie darn fs is ar Sa ean ‘riminal charge against him“anricLe 20 1 Everyone ha: the right to take part in the yovernment ay ortbrough ely chosen represenitves Pa ee 2 Everyone has the right of access to public service in his cours 3. The will of the people shall be the basis of the authority of wo-e=— 1s will be expressed in periodic and genuine selections which shall be by universal 2 i ice shall be held by secret vote cr by equivalent voting procedures. ARTICLE 21 ~ everyone, as a member of society has the right to social security an2 ‘= centtled to realization, through naticnal effort and international cooperation and in accordanc ‘with the organization and resources of each state, of the economic, social and cultural righ:s indispensable for his dignity and in te free development of his personality. ARTICLE | Everyone has the right to work, to free choice of employment, to just pay favorable conditions of work and to protection against unemployment. 2 Everyone without any discrimination has the right to equal pay for equal work 3. Everyone whe works has the right to just and favorable remuneration ensuring for himself and his family in existence worthy of human dignity and supplemented, if necessary by other means of social protection, ARTICLE 23 ~ everyone has the right to form, to join trade unions for the protection of his imerest ARTICLE 24 — everyone has the right to rest and leisure, including reasonable limitation ‘of working hours and periodic holidays with pay. ARTICLE 25 1. Everyone has the right o a standard of living adequate for the health and well-being of himself and his family, including good, clothing, housing and social care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowed, old aue or other lick of livelihood circumstances beyond his control 2. Motherhood ant childhood are entitled to special assistance. All children, whether born in or out of wedlock sha'l enjoy the same social protection. ARTICLE 26 1 Everyone has the right to education, 2, Education shall be directed to the full development of the human nality and to the strengthening of respect for human rights and fundamental feeedoms 3. Parents have a prior right to choose the kind of education that shall be en to their children ARTICLE 27 1. Everyone has the right fo participate int the acts, to share scientific advancements and its benefits seat 2. Everyone bas the right 10 protection of the moral and paternal ing from any scientific iteracy or artistic production of which he fs the a in which the rights in the cultural fife of the community, ryone is entitled toa socal and international order i s 8 — Ever i ttn in this declaration canbe ally realizedf THREATS TO NATIONAL SECURITY DEFINITION OF TERMS. ‘a «Subversion ~ It is @ group of conspiracy seeking to alter an existing system of government through deceit and other unlawful means, or itis an act of individual or & group who want to topple the government by all mean, b Communism ~ It is a theory which advocate elimination of private ownership. It ‘nds to make the world stateless and the society classless. Agitation ~ It is a subversive technique to arouse hatred and anger among the people and to the government 4 Propaganda ~ It is a line of persuasiowinfluence the belief, emotion, behavior, fkitude and opinion ofthe target audience €. Infiltration ~ deceptive use of legal activities and this is being used to exert influence and if possible, seiz6 control of the target group f Politics - it is an art or science concerning the winning or control over government THREATS TO NATIONAL SECURITY: Threat 10 national security may be defined as any expression of intuition to inflict evil. ‘mjury or damage to the nation's people, territories, vital installations, political, economic and religious way of life Threats to national security have always been the concern of the Armed Forces of the Prilippines who tasked with the defense of the state from the enemies, within and without, To Cope with these threats, the AFP has placed its thrust towards modernizing of its armaments and ‘ofner weaponry, and dealt with the problem by providing not only military solution to any Conflict but also a conscious understanding on what brought about these threats in order to smite ‘the root causes TYPES OF THREAT A General Threat 1) Politics ~ caused by person/group of person who aspire f power and/or sition into the government 2) Economic ~ caused by businessmen who mass large amoun| of money but do not pay taxes, hoarders, dollar syndicate, dollar salters, smugglers and big criminals, ‘These groups tends to drain our national fund and thus results into economic chaos. 3) __Psycho-social ~ caused by activities that would undermine the morale of ‘the populace such activities are a) Indulgence to vices b) Drug addiction ©) Prostitution 4) Other criminal acts : These activities tends to undermine the morale of the populace thus, become easy to insurgents exploitation, 6. —_External/Internal Threat aveExternal Threat ~ it is posed primarily b affect certain country politically, economically, socially and eric, rom ether countries :3: Aner! Theat ~ posed primarily by the eee {sed primarily bythe dierent groups who oppose or pes: Local Communist &.PKP/HMB (BHB) — offi labor organization leaders arrive irom Moscow. ‘) Karl Marx and Linen thoughts. Its objective befor American rulers. Its military arms, the HMB ema uerilla forces who served to fixht ag continued its armed 1 government ly organized on 07 November 1930, after se labor leaders studied on the teaching of J} was independence from the claws of the inated from the HUKBALAHAP which was a ainst Japanese invaders Afler the war, the PKP/LIMB stance against our government with the objective to topple down the b._CPP/NPA ~ it was organized on 26 December 1968 by Jose Maria Sison with sixty seven (67) students activist afler he drifted ffom the PKP/HMB. its military arm, the New People’s Army was organized by Bernabe Buscayno, another drifter fiom PKP/HMB. It adheres to the teachings of Mao ‘ise Tung, Protracted armed struggle which is being done by mobilizing the peasantry from the country sides. It aims to wrest state power and completely dissolve the existing government © Secessionist ~ it is an insurgency which aim to establish an autonomous reuion over the province of MINSUPALA, BASILAN and TAWI-TAWL. The first secessionist movement was organized by the former yovernor of Cotabato, UDTOG MATALAM in which tne issued a manifesto desiring to esiabish autonomous government on the region stated, ‘The most orzanized secessionist movement in the south is the MNLF \which is organized by Nur Hadji Misuat, to date the MNLF is divided into three (3) factions ‘namely. Misuari, Abbas, and Salamat faction the MILF. Another secessionist yroup isthe wroup tinder the late Father Balweg, & tereuade priest who drifted away from CPP/NPA. He aims to establish an autonomous region ove! the Cordillras The Moto Islamic Liberation Front with the objective self-deterniination with the creation of a Mindanao Is amie Republic The objective of the MILE is to curve out portions of the Philippine territory where it intends to establish an Islamic state. To attain its bbjective, the MILF relies on dawal or islamic call and jihad or struggle in the way of Allah. To finance its activities, the MILF cond cts “ZACAT” or tax collection, kidnapping for ransom and extortion activities It also solicits politcal and financial support from locat and international islamic organization The MILF is the exponent of islamic fundamentalism in the Philippines. 1 is headed by Ustadz Hassim Salamit, a religious scholar, who originally served as the Vice Chairman of the Nur Misuari led MN. He led the Maguindanacn, Iranon, and Maranao followers in breaking away from the MNLF main body due to policy and ideological differences. ‘with the MNLF Chairman. Unlike the MNLF which is more of @ secular organization, Salamat folded his MILF into an organizalion which advocates for the establishment of a genuine islamic stale in Mindango governed entirely by the dictates of the QUR'AN. It defines its Mleology as LA ILAHA ILLA ALLAH MUHAMAD AL RASUL ALLAH, which means that there is God worthy to be worshipped but Allah and that worship of God must be in accordance wih the teaching of Prophet Muhammad ‘The Al-Haraka\'ul Al-dslamiye ‘Islamic Movement) or the so-called A- exponent of the istamic extremist “r the Philippines. It was organized i: pico isthe e ihanie guns Late Cstadz Abdurajak Abubakar Ianv2.any 9 religious scholar wh stusie= Joined the Thi dvaders: in Saudi Arabia When the Russo- Ati’ rd International Islamic Brigade to he!> ‘was in that country here Janalan was 83 ‘sar erupted in the early 8s Jaz. ¢ Atvhan Mujahideen repel the Rss 37 ated on the extremist side of Isis:sw sause patterned Ujoe is retin to Minden, he organized his own group 0 ight for he islamic after the Shiite guerillas in the Middle East Originally, it refused to tie up with the MILF group believing that the ser organization is not true fo be its objective since the MILF allows for a peaceful co- stence between christians and muslims in Mindanao. For Jnjalani, Mindanao must be Tee ~ many influence ofthe christian faith Based on this belief, the Al-Harakat'ul Al-Islamiya initially carried out egeratons patered ater the terrorist activities oftheir counterparts inthe M dle East uch a5 Bonting and sabotage operations, kidnap for ransom activities targeting mostly christian ‘tlisious personalities. Eventually, however, the need for more financial and logistical resources «fp sustain its day-to-day operations forced the ASG to direct its attention jo more lucrative ‘pniertakings such as kidnap for ransom activities preying on local wealthy businessmen and {heir families, school teachers and foreign tourists who are soft targets for ASG operations fuse of this, the ASG became notorious as a terorist and criminal organization 4. Religious Radicals ~ these are members of the religious sectors who find outt into our system. They claim to be spokesmen of the oppressed. The fact i that hey become Padical when a number of the legitimate religious organization were infiltrated by communists Chrome, These religious organizations were being used to undermine our, government and vpunce the abuses ofthe military to be they are real or fictitious. e SOCDEM - organized in the early part of 73 with the aim to seize state cer dissolve the government and replace it with socalist-democratc form cf governments Pet arc manifested by its involvement onthe recent bombing in urban areas through the ata Fire Movement” and the April 6 Liberation Movement RIGHTIST ~ these are the disgruntled politicians, businessmen, clerics, ‘dizarch intellectual, military men and big time criminals who work hand in hand to restore the 1d order to pave their way into power and position in the government. _§ POLITICAL WARDLORDS ~ these are politicians who maintained their friste armies to secure their vested interest, They show defiance to an existing system of the ‘GovernmentANTI AND COUNTER TERROR Mi 7 Terrorism ~ is the unlaw'ul use of or threatened use of force individual or property to coerce intimidates government or societies, o religious or ideological objectives. oF violence agains: flen to achieve poliica, THE ENVIRONMENT OF TERRORISM Itis often difficult to distinguish the act of politically motivated terrorist from violent acts performed by criminals or individuals in the society at large. These acts ereate similar tactical- level problems for security forces, but normally have no political intent or effect. Some critninal ‘organizations, especially narcotics traffickers, have become powerful enough to have vested political interest. When they pursue this interest by acts of terrorism, they become a concern for the military like any other political terrorists group. The terrorists neither require nor necessarily seck political support. Terrorist operations, organizations and movements require secrecy. Their activities do not conforms to the rules of Jaw or warfare Their victims are frequently noncombatants, or symbolic persons and places, and usually have no role in either causing or correcting the terrorist’s grievance, Terrorist methods inchide hostage taking, hijacking, sibotage, assassination, arson, hoaxes, bombings and armed attack or threat thereof VHE TERRORIST THREAT ‘The terrorist ~ understanding modern terrorism requires an appreciation of the emotional Jnpact that the terrorist act has on the terrorist’s audience, people other than the victims, The audience must now act to respond to it, therefore, media coverage is imperative to terrorist ‘wishing to execute public fear or to gain attention for their cause. To great extent, the terrorists sire for attention determines his choice of tactics TThe role that the terrorists group perceives itself is playing also determines its choice of tactics and selection of targets Terrorism can be an element of an insurgency or revolutionary effort when employed with other miliary and political activities designed (o yain autonomy or 10 Supplant the existing political system. Terrorism can be mere gesture used in isolation from any meaningful political effort. In this cortext, terrorists frequently claim affiliation with some vague ‘cause of obscure political philosophy ‘0 give their actions a veil of responsibility A terrorists group's selection of target is also influenced by its governmental affiliation. For some years, security forces categorized terrorist groups according to their operational traditions, national, transitional-national and international Ease of travel and the growing tendency toward cooperative efforts among terrorist ‘groups distinguish mostly by government affiliation, This helps security planners anticipate their | taruets and their degree of sophistication and intelligence weaponry. ‘THE GENERAL CATEGORIZATION OF TERRORIST: 1. Non-State Supported - this terrorist group operates autonomous receiving no ignificant support from any government 2 State Supported ~ a state supported group generally operates independently but receives support from one or more yovernment 3 State Directed ~ in this category, the terrorist group operates as an agent to a government, It receives intelligence, logistics and operational support from government. ERRORIST OBJECTIVES, 1 Terrorist events can be classified by their immediate objectives. A terrorist organization ‘may pursue one, some or all of these objectives. The terrorist organization may establish ss objectives and strategy or the government supporting the terrorist organization may dictate them In either case, the military planner must identify these objectives and strategies in order to defeat the ferrorist organization and prevent it rom attaining ts goal. 2%.iret ‘cognition evbe national or interns ky inchide atthe outset of the terrorist campaign, the objective terrorists acts r emational recognition of the cause, The reason in seeking rcognition might attracting recruits, obtaining funds demonstrating strength 2. Coercion ~ coercion is the attempt to force a desired behavior of individual or QpePS oF governments This objective call for fom a strategy ofa selective targeting which may 1} on publicly announced bombing, destruction of property and other acts waich ae intially Jess violent than taking human life 3. Intimidation ~ intimidation difers from coercion, intimidation atiempt to prevent individuals or group fiom acting; coercion attempt to force ation. Terorst may use intimidation {o reduce the effectiveness of security forces by making they afraid to act. inimidation can {courage competent citizen from seeking or accept positon within a governmest 4. Provocation ~ the specific objective of terrorist acts in this category is to provok bet reaction on the part of the government forces. The strategy normally calls for attacking the 's symbolic of the government. Attacks of this type, demonstrate vulnerability of terrorist adie and contribute 1 a loss of confidence in the government's ability to provide security S. _nsurgeney Support terrorism in support of an insurgency is likely 10 include ceaion, intimidation, coercion and the quest for recouition. Terrorism cam also aidan ftoreency by causing the government to ver extend ite in atempting to prea all posible foreets Other uses of teronsm sil n insurgencies includes aoquiring Rud, coercing Fecruts PChining logistical syppon and enforcing interna discipline. THE TERORISTS TACTICS Terrorist incidents may be classified to the tactics terorist use. There a'e many tactics, ‘ureenerlly each cell favors and specialized in the use of one or two. The tactics establish a dicsinctiemitying pattem of operation. Generally techniques used to analyze criminal behavior Ace also useful in analysing terrorist behavior ‘The study of terorist behavio.al patterns can reveal most about a terrorist group, This information is helpful in implementing anti-terrorism And conducting counter terrorism operations. A terrorist organization may use any oF all of the feches below | Assassination ~ assassination is a euphemism for murder. ‘The term generally Applies to the killing of prominent persons aid symbolic enemies-as well as to defectors from a Hmorist group, 2 Arson ~ arson has the advantage of low risk to the perpetrators. It requires only a {ud evel of technica knowledge, 3. Bombing ~ the improvised explosive device (IED) is the contemporary terrorist’s, ‘Weapon of choice. It is inexpensive to produce and terrorist use it frequently, due to the various ‘efonation techniques available The IED poses a low risk to the trained terrorist. Other iantages include its attention getting capacity and the terrorist ability to control casualties 4hrough time of detonation and placement of device 4. Hijacking ~ hijacking produces a spectacular hostage situation. Although terrorist Injicking on trains, buses, ships and airraft offer them greater mobility and worldwide media | Coverage as means for escape 5. Hostage Taking - this is usually an overt seizure of one or more people to gain {Publis concessions or ransom in retur for the'release ofthe hostage or hostagessccessful kidnapping requires claborate planning and lo istics, althoush the sis, fees than in @ hostage situation 7, Maing ~maitsing creates Fear causes pain, bu sno a negative er as killing a hostage 8. Raids ~ armed altacks on facilities usually have one or thr to radio or television broadcast fucilties. o demonstrate government's i security of critical facilities and acquire money or materials 16 purposes: gain acces inability to guarantee» 9, Seizure ~ usualy involves the capture ofthe building robe that has value ce " pal objective. The risk to the terrorist is high because ihe net auience.Publcy ithe principal eject Secu Tvees have tne to reat of the altack They may op to use force fo esol te ne 10, Suite ~ th agin the ow ste et 0 emits ow cuales the et ain here dence eu iy Semis nd anspor fens 0 teenie tt ss un a Yects al jined immediate public attentions. Sabotage SS ee Blister one means showing the vanity ofthe trget While simulans taking Sater or plea! or noneary deans rit woup can sicessflly employ hoax. A heat aa ‘sean hs ao hin odovere tine and eo to secu nese. bon “en an va commer ding, emp or dup asprin astm at no cost the seo hen ti fea o te rary fee ere dangers ha ‘enporary dinunion of the ax, Repeated tet tat dona materialized, ul the opti etvenes f secu pesonel 12. Use of NBC Weapons ~ although nuclear device is beyond the reach of all but the ‘most sophisticated state sponsored terorist group, a chemical or biological weapons is not. ‘The {technology is simple and the cost per casualty is extremely low. This makes such weapons ideal for those with litle or no regard forthe consequence of their act. Fear of alienation fiom peer and support population probably inhibits their use, but this restrains could disappear as completion far headlines increase THE TERRORIST ORGANIZATIONAL STRUCTURE. The tervorist yroup develops organization which they operate Structures appropriate for the environment in We terroris: usually work in a hostile environment, security is one of the primary concerns. Hence, they organized their structure as 1 Terrorist group is normally cellular. gig, TMY MY eTuanize into miui-functional cell that come several skills into one factical unit. doe nitty MY create a separate specialized cells that come together for an operation ‘on an ad-hoc basis shonin a Se BUNS Hormilly have a central command and conrol elements with one o ore subordinate elements, in other rts] BOUPS ate strictly similar tothe rudimentary military organizations. However, Besa ib dynamics, egos, and philosophical differences overide ontaneatinnl pee ye Because ofthe be pee Sn eae se internal differences, members may take act objectives. MS NOt consistent with theie stated tn general, terrorist organization, specially those with little oF no less access to overnment resources, need a support structure like 1 Leadership ~ leadership is the to i of the pyramid. It defense policy and direct Actions. Leadership is intensely conimitted and ‘may include charismatic figures. Ifthe group ishate supported or direct, the leadership usually includes one or more meinbers who have been ‘Wsined by the sponsoring state Foo on tv’ Supporters ~ active supporters are people who do not actually commit the Velen acts of terrorism, However, they asit the terrorist by providing money, information {eal end, medical services, safe houses, and forged, and stolen documents, Active supporters ‘Sequemtly agree ideologically with some oral ofthe group's yoa, but notte use of violence 3. Passive Supporters ost of them are sympathetic 101 dive role. Some passive supporter Passive supporters are more difficult to define and identify the terrorist group, but either will not or cannot assume an are involved by intimidation or blackiail, Passive support ‘ray be unwitting, for example, contribution to chartable cause or causes. The terorst relies on [Passive supporters for Financial and public displays of support and minor logistical support Ve TING THE TERRORIST THREAT. Jeans, willbe iscuing te government pole toward eri, and cin the "eats of apnoprite agencies within he rane government ius ri vie tf the AFP programs to combat terorism, and principles useful in situstion in whi fPtsonnel help friendly nations to combat terrorism Following ae statements that summarizes the policies and responsibilities shoul become Wikies a 2 All law! measures will be taken to prevent terrorist acts and to punish Se al aaa nan responsibility under international law to protect eae [eee meron! sooperion wo comba teradan is» findame P [eae concring stra hijeking, nese fo poet Glomats an Gehl of sanctuary to fer we chee any tcrvaonal oat OTHER CONSIDERATIONS IN MEETING TERRORIST THREAT 1 _Lewal Consideration - terrorist acts ate criminal, whether c Svar In peacetime, tetoist may be prosecuted fr violating the criminal Iaws of the country ich they commit their crime. Terrorist may also subject to the extra-teritorial criminal "sdiction of other nation. They may also subject to universal jurisdiction by any nation for international offense such as piracy ninitted in peacetime Arerefore, no two national programs for combating terrorism are. identical farfonal programs exercise the values of the society and government thar er bossever, several principles common than an internat he use of conver Principles of National Program — No two nations or societies are exactly alike; This is because a Policy ~ a government develo feadership mus P singled single, consistent policy, the national st express it clearly. Statement of policy address three (3) audiences, @ The Domestic Popul faith in a government therefore, must demon: ‘heir well being then b of national resolve an freaty, achiev ion ~ ability 19 protect its citizens strate 10 its citizens that their he terrorist acts the governmen The International Community Md commitment. It evaluates th commitments, and adherence to national and © this, government legitimacy grows while th, the terrorist attempts to undermine popular A significant part of the government policy government actions are more detrimental to attempts to prevent - views the government policy as stareme policy for consistency, with agreemente intemational law. To the extent the zoey iat of the terrorist diminishes Ho%se.e> a ‘o{ense SINCE INE EVEN MAY varie wee = Ew _————————— rrplement without the resolve and the 5 is ttt Tettorist — are the thi audience for national policy. tn ve terrorism is ~ at his time fow risk Consist national prograre effectively executed, can ineeage the tennant cparate the terrorists from the populace, thereby denying thelr aanciwary. reer Kents a suupport The ferorist evaluates the wovernintent program by comparing ie pablic serene ne eitectiveness ofits policy Organization ~ a government cannot easily ongunize and support # ex system whote sole mission ‘combating terorsm, dus To she expense and dew of SSphusication required, therefore, i usally employs existing orpenestions Terrors alack ~ broad range of tanget which fal into many different il and outa juistictions. Ths, 90 single elmer fully cope with alk Sipects of natton’s terrorist problem. To be success, iis necessary fora government to eae the activities of the many agencies involved. National leaders must actively participate inthis orchestration ne way 10 oeus the ational efor is to establish an oie which dels svi i omen ch an ofc ees sc er Poly cormaon A es Baireias osed of senior personnel from all government agencies involved in the anti- ‘erm pray could prove ths mechanism. The head ofthe feos office should chair ths counel. deal be should repr diet to the nation's leader. FUNCTIONS OF A NATIONAL PROGRAM. similar to those for ‘The functions of a government program for combating terrorism a counter-insurgency. Chief amog these functions are Ineinense~ itligerce provides the key o both uecesafal AT and CT proprams, A ity to recogni aly and ove gaia a erst vet depends, upon whe tvs of yen spar, Anette satan of infomation exchange and nro! between the police ant the military should provide both organizations with essential Gitrenimelligence. The police is normally have unit exclusive contact with general population than the military Thus, sforma ion concerning terorst place, recruitment, and support structure ‘will normally surface fiom police sources earlier than from military source Security ~ security is the context of national program to combat terrorist includes both anti-terrorist (AT) and counter-terorist (CT). Anti-terrorist (AT) programs are the most difficult to plan and implement because ‘hey require active panicipation by all agencies and to varying degrees, the public. Counter-terrorist (CT) on the other hand, generally involves only intelligence, police, and on occaiion, selected military personnel. The fundamental elements of an AT program include awareness and physical security. One of the defensive behaviors the AT campaign encourages is physical security This includes efforts to both physically strengthen and control access to facilities which are ‘ikely terrorist targets. In brief, by developing public awareness and implementing or enhancing Physical security, the government “hardens” the terrorist targets. ‘This makes the terrorist task ‘more difficult, More importantly, it increases the risk of injury, capture, or death for the terrorist Information ~ in combating terrorism, the government coordinates a variety of policy instruments, both internally and its allies. Informational activities are one of the most important ingredients in a national security strategy. Policy makers should understand how using informational assets could strengthen the government standing in both world and domestic public opinion. PSYOPS, public affairs (PA) and public diplomacy are all informational activities, Each ! can play an important role in combiting terrorism When government uses information to persuade, it is a PSYOP weapon, When it uses information to discuss matters of public interest. it becomes a PA. When the governmentWg terrorism, PYSOP can contribu r ong contribute immensely to an offensive strategy. I can colteral damage tothe general populace. A well-planned and executed program put Wen the defensive psychologically, forcing him into more predictable behavior grated with other operations helps separate the terrorist fom their sources of support ate rivalry between diferent groups shia, the Ni and terrorist group promote thir ations through the news media, To counteract his, the government must preempt the terrorist exploitation of the media through rapid and accurate disclosure of their activities and intentions. Only serious national security and operational requirements should be allowed to alter the procedure Adhering to such full disclosure policy helps offset terrorist propagasda It may help ture zublic opinion against terrorist exposing their cruelty and destructive acts. But # policy of full Sisclosure must also avoid the release or exposure of counterproductive information. cation of the population and mittary ” timasy are tctors 1880 sediment. are pararwount, NO antenion to deal Consistency within the national program and edi ‘Fees combine to reduce the risk of terrorism. Unity of effort rogram o combat terrorism. But leadership and effective manay Amount of training, money or equipment can overcome poor judgment he struggle against terrorism -RINCIPLES OF COMBATING TERRORISM nation of any ef ee Jude the collection and dissemine -erorism effort. The basics of such program inc seri efor Te ae Juct of information awareness program and the implementation of rmive measure, Defensive measures include preparation and exercise of response an oerrrvncedures. Because absolute protection against terrorist activities is not possible, sibection plan and procedures are based on assessment of the threat and an evaluation of Zendly vinerabilties. The resulting plan should strike a reasonable balance between the Srotection desired, mission requirements, and the vulnerability of resources. ‘Army Combating Terrorism Program ~ within the army, combating terrorism is one aspect of force protection. It therefore falls within the staf responsibility of cperations officers at aillevels The Army designed its combating terrorism program to reduce the vulnerability of -asallations, unit and personnel during peacetime, mobilization and war. The Army's program. acetates on developing proectve posure in peacetime which can eary over war. The Asmy’s approach to combating terrorism has two distinct but not separate | semorism and counterterrorism oT Anti-Terrorism ~ includes all measures that installation, r units and indivi ‘shee the probably of ther filling victims to trois act AT bender ats ria ase ‘reduce the vulnerability of individuals and property. The extert of these a sae 0 assesment of the loal teat. Thee include personnel ceareeetand =e of eon po See ney also include crime prevention and inate eres tr » making the Army installations and personnel less eorism me, , deter, and nad, Ces Operating under dir asure preemption, intervention, of retaliz: ~ have the characteristics of s--a =