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October 3, 2002 Michael J. Bowers

Legal Aspects of WMD Events. October 3, 2002 Michael J. Bowers. Legal Aspects of WMD Events. Background Jurisdiction Martial Law Mutual Aid Agreements Quarantine Evacuation Official Liability. The Threat!. Weapons of Mass Destruction. “The purpose of terrorism is to terrorize.”.

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October 3, 2002 Michael J. Bowers

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  1. Legal Aspects of WMD Events October 3, 2002 Michael J. Bowers R.A.M. & Associates LLC

  2. Legal Aspects of WMD Events • Background • Jurisdiction • Martial Law • Mutual Aid Agreements • Quarantine • Evacuation • Official Liability R.A.M. & Associates LLC

  3. The Threat! R.A.M. & Associates LLC

  4. R.A.M. & Associates LLC

  5. R.A.M. & Associates LLC

  6. R.A.M. & Associates LLC

  7. Weapons of Mass Destruction “The purpose of terrorism is to terrorize.” Mao Tse Tung R.A.M. & Associates LLC

  8. WMD Threat • Terrorist Goals • disrupt society • produce mass panic and terror • get publicity R.A.M. & Associates LLC

  9. Terrorism Exists Because . . . • It is cheap • It is mobile • It is low tech • It is deniable • It is more effective than the political process • It is less drastic than total warfare • and IT WORKS! R.A.M. & Associates LLC

  10. WMD Threat • Easy to obtain • Cost-effective • cost per casualty • Nuclear $2 million • Chemical $2 thousand • Biological $2 R.A.M. & Associates LLC

  11. WMD ThreatUnique Features • Fear • Lack of Training • Lack of Equipment • Potential for Mass Casualties • Psychological Casualties • Crime Scene/Evidence Collection R.A.M. & Associates LLC

  12. Militia Movement USA Aum Shinrikyo Japan Aryan Movement USA Hamas Palestinian Al Qaeda E.L.F. ALF R.A.M. & Associates LLC

  13. U.S. Militant Islamic Groups R.A.M. & Associates LLC

  14. Terrorism - Definitions “The unlawful use of force or violence committed by a group or individual against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” Federal Bureau of Investigation R.A.M. & Associates LLC

  15. Terrorism - Definitions “Transnational” terrorism is terrorism that transcends national boundaries. Transnational terrorism occurs when the target group and the victims (both individually and/or institutionally), the perpetrators, the terrorist action, the mechanics of resolution, and other ramifications transcend national boundaries. R.A.M. & Associates LLC

  16. Terrorism - Definitions “State terrorism” is terrorism conducted by a government against its own citizens within its own borders. R.A.M. & Associates LLC

  17. Terrorism - Definitions “International terrorism” is often referred to as state-sponsored terrorism. International terrorism is transnational terrorism that is conducted by individuals or groups that are controlled by a sovereign state. R.A.M. & Associates LLC

  18. Terrorism - Definitions “Domestic terrorism” is terrorism that is directed against the citizens, government, or other institutions, of one nation by terrorists or terrorist groups that inhabit that same nation. R.A.M. & Associates LLC

  19. WMD Threat • Chemical • Biological • Nuclear • Conventional Weapons (explosives) R.A.M. & Associates LLC

  20. Illustrative Population at Risk SMALL POX - 40,000,000 ANTHRAX - 10,000,000 TULAREMIA PNEUMONIC PLAGUE 1,000,000 CHEMICAL ORGANOPHOSPHATE 10,000 R.A.M. & Associates LLC

  21. TERRORISTTHREATS • Conventional weapons • Unconventional weapons R.A.M. & Associates LLC

  22. CONVENTIONAL WEAPONS • Bombs • Guns R.A.M. & Associates LLC

  23. Chemical Agents • Nerve • sarin, tabun, soman • Pulmonary (choking) • phosgene, chlorine • Vesicants (blister) • lewisite, phosgene oxime • Blood agents • hydrogen cyanide, cyanogen chloride R.A.M. & Associates LLC

  24. Biological Agents • Bacteria • anthrax, E. coli, salmonella, plague, Q-fever, tularemia • Viruses • smallpox, influenza, hantavirus • Toxins • botulinum, ricin, staph, enterotoxin B R.A.M. & Associates LLC

  25. Biological - Key Points • Hospital as “First Responder” • Surveillance - Recognize Event • Isolation/Quarantine - Decision • Relationship with Public Health • Mortuary Services R.A.M. & Associates LLC

  26. …The guy next door? R.A.M. & Associates LLC

  27. Nuclear/Radiological Threats • Radiation sources in hospitals • Transportation accidents • Nuclear power plant accident • Radiological device R.A.M. & Associates LLC

  28. Conventional WeaponsExplosives • World Trade Center - 1993 • Oklahoma City Bombing - 1995 • Embassy Bombings (Africa) - 1998 • World Trade Center - Sep 11, 2001 • Pentagon - Sep 11, 2001 R.A.M. & Associates LLC

  29. *Dead - < 2,819 • First Responders: • 343 (FDNY/NJFD) • 62 (NYPD/PAPD ) • 4 (EMS) R.A.M. & Associates LLC * As of 08/29/02

  30. TRENDS IN TERRORISM Groups involved with unconventional weapons tend to be: • Single-issue groups • Abortion • Animal rights • Religious Extremists • Nationalist / separatist groups • Apocalyptic groups R.A.M. & Associates LLC

  31. TRENDS IN TERRORISM Targets today are: • General population (indiscriminate attacks) • Symbolic buildings or organizations R.A.M. & Associates LLC

  32. NEW TRENDS IN TERRORISM Cyber ? Agro Eco R.A.M. & Associates LLC

  33. TRENDS IN TERRORISM Overall, terrorist groups will become: • less state-sponsored • more transnational • less accountable • more interested in mass casualties R.A.M. & Associates LLC

  34. The United States government estimates individual states’ unconventional weapons capabilities as follows: R.A.M. & Associates LLC

  35. Nuclear Weapons Biological Weapons Chemical Weapons China, France, Russia, UK, US, India, Pakistan India, Russia, US Declared Current Possessors Israel Libya? China, Egypt, Iran, Iraq, Israel, N. Korea, Russia, S. Korea, Syria, Taiwan, Vietnam China, Cuba, Egypt, Iran, Iraq, Israel, Libya, Myanmar, N. Korea, Pakistan, Syria, Taiwan, Yemen, former Yugoslavia Suspected Possessors Suspected of Attempting Acquisition Iran, Iraq, Libya, N. Korea Libya R.A.M. & Associates LLC

  36. Capable of Obtaining CBRN Interested in Mass Casualty • Hezbollah • Chechen rebels • Algerian Islamic • rebels • Kurdish guerillas • Timothy McVeigh • Rwandan militias • Sendero Luminoso • Former • Soviet military • Russian mob • Drug cartels • Private • companies • PLO • IRA • Ramzi • Yousef • Bosnian • Serbs • Aum • Bin • Laden • Suicidal • cults • Lunatic fringe • Right-wing • militias International Group Capabilities Interested in Using CBRN R.A.M. & Associates LLC

  37. - (Events) suggest that the technical barriers to mass casualty terrorism are eroding.”Jonathan TuckerMonterey Institute R.A.M. & Associates LLC

  38. World Terrorist Organizations 18. Liberation Tigers of Tamil Eelam (LTTE) 19. Mujahedin-e Khalq Organization (MEK) 20. National Liberation Army (ELN) 21. Palestinian Islamic Jihad (PIJ) 22. Palestine Liberation Front (PLF) 23. Popular Front for the Liberation of Palestine (PFLP) 24. PFLP-General Command (PFLP-GC) 25. Al-Qaida 26. Real IRA 27. Revolutionary Armed Forces of Colombia (FARC) 28. Revolutionary Nuclei (formerly ELA) 29. Revolutionary Organization 17 November 30. Revolutionary People's Liberation Army/Front (DHKP/C) 31. Salafist Group for Call and Combat (GSPC) 32. Shining Path (Sendero Luminoso, SL) 33. United Self-Defense Forces of Colombia (AUC) 34. Jemaah Islamiyah 1. Abu Nidal Organization (ANO) 2. Abu Sayyaf Group 3. Al-Aqsa Martyrs Brigade 4. Armed Islamic Group 5. 'Asbat al-Ansar 6. Aum Shinrikyo 7. Basque Fatherland and Liberty (ETA) 8. Gama'a al-Islamiyya (Islamic Group) 9. Hamas (Islamic Resistance Movement) 10. Harakat ul-Mujahidin (HUM) 11. Hizballah (Party of God) 12. Islamic Movement of Uzbekistan (IMU) 13. Jaish-e-Mohammed (JEM) (Army of Mohammed) 14 . Al-Jihad (Egyptian Islamic Jihad) 15. Kahane Chai (Kach) 16. Kurdistan Workers' Party (PKK) 17. Lashkar-e-Tayyiba (LT) (Army of the Righteous) R.A.M. & Associates LLC

  39. U.S. Militant Islamic Groups R.A.M. & Associates LLC

  40. R.A.M. & Associates LLC

  41. The Federal Response Plan/The Federal Terrorism Conplan An Overview R.A.M. & Associates LLC

  42. An Overview of the Federal Government's Domestic Preparedness Program R.A.M. & Associates LLC

  43. FEMA MISSION • Reduce the loss of life and property in disasters • Protect our Nation’s critical infrastructure from all hazards • Lead and support a comprehensive emergency management program of mitigation, preparedness, response and recovery R.A.M. & Associates LLC

  44. STAFFORD ACT • Applies to natural disasters and other emergencies • Supplements resources of State and local governments and disaster relief organizations • Requires a Presidential declaration of a major disaster or emergency • Basis for federal funding for disasters and emergencies R.A.M. & Associates LLC

  45. WHEN IS THE FRP IMPLEMENTED? • In response to an actual event requiring Federal assistance under a Presidential declaration of a major disaster or emergency • In anticipation of a significant event likely to result in a need for Federal assistance R.A.M. & Associates LLC

  46. CATASTROPHIC DISASTER RESPONSE A National team would augment Regional resources during response phase of a catastrophic disaster. R.A.M. & Associates LLC

  47. United States Government’s Role in Support of Catastrophic Events R.A.M. & Associates LLC

  48. The US Government is there when needed! • United States Government responders will be in a “in support of” role when providing consequence management support to local and state governments. This element is key when providing Federal assistance to civil authority. • Federal assets remain under Federal control R.A.M. & Associates LLC

  49. Domestic Emergency Continuum Probability Most Likely Least Likely -- IND Greatest HURRICANE Impact Civil Disturbance -- CBNRE HAZMAT -- Severe Storms -- MAJOR FLOODING Protests -- Least LOCAL & STATE FEDERAL R.A.M. & Associates LLC

  50. WHAT HELP IS AVAILABLE? • Initial response resources, including food, water, and emergency generators • Emergency services to clear debris, open critical transportation routes, restore public utilities, and provide mass sheltering and feeding • Specialized teams for rapid damage assessment, emergency communications, medical assistance and support, urban search and rescue, emergency power restoration and incident management R.A.M. & Associates LLC

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