Global Counterterrorism

Background

Through a Memorandum of Understanding (MOU) the Department of State’s Bureau of Counterterrorism (DOS/CT) provides funding to the Department of Justice (DOJ) for expert assistance to foreign countries to enhance the ability of their law enforcement personnel to deter terrorists and terrorist groups. OPDAT receives funding from DOS/CT to deploy Resident Legal Advisors (RLAs) and Intermittent Legal Advisors (ILAs) covering over 50 countries.

Selected Initiatives

Justice Sector Responses to Lebanese Hizballah:

Worldwide attacks have focused an international spotlight on Lebanese Hizballah (LH) and other malign Iranian activities.  DOS/CT provides resources to OPDAT to deliver technical assistance to partner nations addressing LH.  Since 2015, OPDAT and DOS/CT have led an international diplomatic and law enforcement initiative to increase awareness of Hizballah / Iran’s dangerous and destabilizing activities, to increase cooperation in this area, and to build political support for action. In total, OPDAT and CT have implemented over 18 bilateral, regional, and global training seminars throughout Africa, Asia, Europe, the Middle East, and the Western Hemisphere, reaching over 35 countries and over 400 participants. 

As a part of this initiative, CT and OPDAT hosted a series of global Law Enforcement Coordination Group meetings (LECGs). The LECG is an informal partnership that unites law enforcement officials and criminal justice practitioners from around the world in a community of interest.

OPDAT, in partnership with CT and ICITAP, has developed a 5-week long interactive national counter-LH program for countries where LH has historically operated.  This program features overviews of host country officials’ experiences handling terrorism, and in particular, LH activity, as well as the challenges they face investigating and prosecuting LH, including legislative limitations; intelligence and information gaps; the threat posed byforeign terrorist fighters (FTF); evidence collection and presentation at trial. The first iteration of this initiative was delivered in 2019 to prosecutors and law enforcement officials from Cote D’Ivoire, and included an assessment visit to Abidjan, a 10-day post-blast investigation course in Abidjan, a study tour to Washington, D.C., and a weeklong trial advocacy course held at DOJ’s National Advocacy Center (NAC) in Columbia, S.C.

In September 2019, OPDAT and CT launched the first Counter Transnational Terrorism Forum (CTTF) to increase focus, awareness and understanding about Iranian sponsored and directed terrorist activity.

Military-Civilian Coordination on Counterterrorism Issues:

As part of an effort to identify the key issues that are affecting and limiting the ability of civilian criminal justice actors in key international locales to play an important and effective role in their government’s counterterrorism efforts, OPDAT, DOS/CT, and NSD have held roundtable discussions with several U.S. Combatant Commands (EUCOM, AFRICOM, CENTCOM, SOCOM, NORTHCOM and SOUTHCOM to date).  These discussions have allowed the team to focus on issues regarding the collection, exploitation, storage, sharing and use of battlefield evidence.  DOJ and DOS also drafted non-binding guiding principles on the use of battlefield evidence in civilian court proceedings. These principles are currently highlighted in ongoing capacity building programs with foreign partners.

OPDAT and DOS/CT participated in the first Senior Leaders Seminar (SLS) in December 2018 with the second iteration was held in December 2019. The SLS included endorsement of the non-binding guiding principles for the use of battlefield evidence in civilian criminal proceedings, and discussion of other issues regarding collection and storage of battlefield evidence that will allow more foreign partners to use such evidence in their terrorism prosecutions.  A rollout of the guiding principles for capacity building occurred in January 2019. 

Foreign Terrorist Fighters:

To address the time-sensitive issue of SDF detainees and returning FTFs, as well as to play a crucial role in the Department and the Administration’s efforts to combat terrorism and protect the safety of Americans, OPDAT seeks to establish a cadre of experienced federal prosecutors, investigators, and judges to mentor on returning FTF cases overseas.  This project will facilitate the delivery of U.S. and international expertise and sharing of best practices to support counterterrorism efforts and capacity building on specific counterterrorism tools and techniques. This project will also foster ongoing relationships between DOJ and State/CT and the target states to ensure continued cooperation in the future.

Meanwhile, RLAs around the globe continue to assess returning foreign terrorist fighter (RFTF) concerns and equip our foreign partners with tools to effectively investigate and prosecute those associated cases.

Rapid Response Fund (RRF)

Through its Rapid Response Fund (RRF), OPDAT oversees the deployment of attorneys and other subject matter experts, to include investigators and financial analysts, to serve as short-term advisors to host nations indicating a need and a willingness to more effectively investigate and prosecute terrorism cases.  Small teams of advisors provide guidance and case-based mentoring to host nation stakeholders and justice sector officials that responsibly expands the host nation’s ability and capacity to support the investigation and prosecution of terrorism and terrorism financing-related cases and strengthen bilateral and regional counterterrorism capacity. 

OPDAT also uses RRF funding to facilitate short- and intermediate-term implementation of the fifteen Good Practices recommended by the Global Counterterrorism Forum’s (GCTF) Rabat Memorandum for Effective Counterterrorism Practice in the Criminal Justice Sector (Rabat Memorandum), and in particular, Good Practice 15, “Criminalize Terrorist Financing”.