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FATF: A Sword of Damocles or a tool of financial discipline?

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Pakistan has been groaning under the Financial Action Task Force restrictions. There is marked contrast between Pakistan’s and India’s view of Pakistan’s current status, compliant or tardy with regard to most of the conditions. Pakistan oozes optimism that it has complied with most of the conditions.  India however is pessimistic about Pakistan’s ability to get over the bar anytime soon.

Anti-money-laundering legislation

One hurdle to meet the FATF conditionalities was to have a permanent mechanism to nab and prosecute the offenders. Pakistan’s federal cabinet has already approved a new set of rules to amend Anti-Money-Laundering (Forfeited Properties Management) Rules 2021 and the AML (Referral) Rules 2021. Thus, Pak government is now all set to set to introduce new rules on forfeiture, management and auction of properties and assets relating to Anti-Money Laundering (AML) cases and transfer of investigations and prosecution of AML cases from police, provincial anti-corruption establishments (ACEs) and other similar agencies to specialised agencies to achieve remaining benchmarks of the Financial Action Task Force (FATF).

These rules and related notifications for certain changes in existing schedule of Anti-Money Laundering Act 2010 (AMLA) would come into force immediately to be followed by appointment of administrators and special public prosecutors for implementation.

These legislative steps would help the FATF determine whether Pakistan has complied with three outstanding benchmarks, out of 27, that blocked its exit from the so-called grey list in February this year. The FATF has planned several meetings in the second week of June, ending in the FATF plenary on June 21-25.

The three outstanding action points (out of total 27) include (i) demonstrating that terrorist financing (TF) investigations and prosecutions target persons and entities acting on behalf or at the directive of the designated persons or entities; (ii) demonstrating that TF prosecutions result in effective, proportionate and dissuasive sanctions; and (iii) demonstrating effective implementation of targeted financial sanctions against all designated terrorists, particularly those acting for them or on their behalf.

Within framework of the amended rules, the Pak government would appoint dozens of administrators with the powers to confiscate, receive, manage, rent out, auction, transfer or dispose of or take all other measures to preserve the value of the properties and perishable or non-perishable assets (including those at go downs, maalkhanas or any other place) to be confiscated under the AML 2010 rules or court orders pursuant to proceedings under AMLA 2010.

The regional directors of the Anti-Narcotics Force would be designated as administrators for the ANF, customs collectors for the Federal Board of Revenue, directors of directorates of intelligence and investigation of the Inland Revenue Service for the IRS, zonal directors for FIA and additional directors of recovery, disposal and assets management cells for National Accountability Bureau.

Valuation of inventories

The AML (Forfeited Properties Management) Rules 2021 specify how the inventories would be measured, described or defined, protected and evaluated for auction and how to complete all processes thereto, including constitution of auction committees and how properties would be quantified or classified like if a property is of residential, commercial or industrial nature and what should be its market value or sale price etc.

For example, the movable case property worth more than Rs100,000 would be kept in the locker or vault in the State Bank of Pakistan, district or tehsil treasury or any nationalised bank. For withdrawal of such movable properties, the agency concerned would designate two officers of grade-17 or above and prior written permission of next supervisory officer of the agency would be required.

Each agency would establish a central asset recovery office to ensure assets recovery and management of the forfeited property and keep a designated central account with the SBP maintained by the ministry of finance where proceeds of property would be remitted by all agencies after attainment of the finality of forfeiture order by a court. All investigating and prosecuting agencies would exchange financial intelligence and information about the properties with other stakeholders for expeditious confiscation and forfeiture under the AMLA 2010.

Transfer of cases to competent authorities

The Anti-Money Laundering (Referral) Rules, 2021 are being introduced to enable transfer of the cases from one set of investigation agencies to another. If police, the ACEs or any other governmental organisations, other than investigating and prosecution agency under the AMLA, finds that an offence under the AMLA 2010 has been committed and such agency lacks jurisdiction to take cognizance of it, the head of such would refer the matter to the head of the agency concerned having jurisdiction to investigate.

Police, the ACEs or other governmental organisations would continue an inquiry or an investigation of the offence and would take necessary measures to preserve and retrieve the relevant information and evidence and case properties till formal acceptance by the investigating and prosecuting agency concerned as set out in the relevant clause of the AMLA and formal handing over and taking over of complete record.

After acceptance of the case by the competent investigating and prosecuting agency, police or ACEs etc would hand over complete record, including case files, record of proceedings and seizure memos along with relevant evidence, property and other material seized and the accused in custody, if any. Such investigating and prosecuting agencies would resume all the proceedings under the said act including to examine, re-examine persons concerned and other oral and documentary evidence and would expeditiously take steps as necessary for just finalisation of the proceedings.

Adequate number of special public prosecutors would be appointed for the Anti-Narcotics Force and Counter Terrorism Department (CTD) besides a separate panel of lawyers for customs and the Internal Revenue Service of the Federal board of Revenue. Also, law officers not below the rank of assistant director legal would be appointed for the Federal Investigating Agency and special public prosecutors for the National Accountability Bureau.

Pakistan also has to issue “National Policy Statement on Follow the Money (NPSFM)”. Through this statement and rules listed above, Pakistan’s compliance with FATF recommendations in Post Observation Period Report (POPR) would further improve with corresponding enhancement in the ratings or effectiveness of the FATF’s relevant Immediate Outcomes. Pakistan’s POPR would be reviewed by the FATF’s Asia-Pacific Joint Group (A-PJG), and based on the report of this group, the FATF would decide further course of action on Pakistan’s progress on the POPR in its plenary scheduled in June 21-25, 2021.

The NPSFM commits Pakistan to tackling money laundering and terrorist financing as a matter of priority during investigations, prosecutions, and subsequent confiscation in all money laundering, terrorism financing and high risk predicate crimes by adopting universal approach to combating money-laundering and terror-financing through generating sound and effective financial intelligence reports for the consumption of law enforcement agencies and maintaining risk-sensitive anti-money-laundering  regime to enhance cooperation and coordination amongst the such  stakeholders both domestically and internationally.

The government is also committed to protecting the financial system and the broader economy in Pakistan from criminality through a robust financial system to ensure that dirty money does not find its ways into the financial system. The government would ensure a robust beneficiary identification system, deterring financial crime as it deprives criminals of the proceeds of their crimes and removes financial support for terrorism and further ensures that targeted financial sanctions are implemented in letter and spirit.

Further, it would ensure a transparent, robust and efficient approach to investigating money laundering and terrorist financing and to the seizure, confiscation and management of criminal assets by supporting relevant agencies in cooperatively achieving this goal.

Compliance

 The Asia Pacific Group (APG) on Money Laundering has improved Pakistan’s rating on 21 of the 40 technical recommendations of the Financial Action Task Force (FATF) against money laundering and terror financing, but retained it on ‘Enhanced Follow-up’ for sufficient outstanding requirements.

The second Follow-Up Report (FUR) on Mutual Evaluation of Pakistan released by the APG — a regional affiliate of the Paris-based FATF — also downgraded the country on one criterion. The report said Pakistan was re-rated to ‘compliant’ status on five counts and on 15 others to ‘largely compliant’ and on yet another count to ‘partially compliant’.

Overall, Pakistan is now fully ‘compliant’ with seven recommendations and ‘largely compliant’ with 24 others. The country is ‘partially compliant’ with seven recommendations and ‘non-compliant’ with two out of total 40 recommendations. All in all, Pakistan is now compliant or largely compliant with 31 out of 40 FATF recommendations.

The Asia Pacific Group announced,

“Overall, Pakistan has made notable progress in addressing the technical compliance deficiencies identified in its Mutual Evaluation Report (MER) and has been re-rated on 22 recommendations,”.

It said recommendations 14, 19, 20, 21 and 27 had been re-rated to comply. These pertain to money or value transfer services, higher risk countries, reporting of suspicious transactions, tipping-off and confidentiality and powers of supervisors.

The APG said Pakistan was re-rated to largely compliant with 15 recommendations — 1, 6, 7, 8, 12, 17, 22, 23, 24, 25, 30, 31, 32, 35 and 40. These include assessing risk and adopting a risk-based approach, targeted financial sanctions relating to terror and terror financing, targeted financial sanctions related to proliferation, non-profit organisation, politically exposed persons and reliance on third parties.

Also, re-rating was done on designated non-financial business & professions (DNFBP) in terms of due diligence and other measures, transparency in beneficial ownership of legal persons and related legal arrangements, responsibilities of law enforcement and investigation authorities, cash couriers, sanctions and other forms of international cooperation.

Another re-rating to partially compliant status was done on recommendation 28 that pertained to regulation and supervision of DNFBPs. The two recommendations on which Pakistan was downgraded to ‘non-complaint’ were 37 and 38 due to insufficient progress and pertained to mutual legal assistance (MLA) with other countries and freezing and confiscation of assets and accounts.

Negative impact of rigorous compliance

The managers of financial institutions in Pakistan are implementing the FATF conditions  without understanding their purpose. They are harassing honest investors. For instance, the manager of the national Saving Centre Poonch house Rawalpindi refuses to issue an investment certificate  unless the applicant submits a host of documents. These documents include a current bank statement, source-of-income certificate besides biodata along with a passport-size photograph. They call for the documents even if the applicant submits a cheque on his 40-year-old bank account.

Deviation from objectives

The financial Action Task Force has ostensibly noble objectives. It provides a `legal’, regulatory, framework for muzzling the hydra-headed monster of money-laundering. It aims at identifying loopholes in the prevailing financial system and plugging them. But, it has deviated from its declared objectives. It has became a tool to coerce countries, accused of financing terrorism or facilitating money-laundering. The FATF is more interested in disciplining a state like Pakistan, not toeing US policies, than in checking money-laundering. The tacit message is that if Pakistan does not toe USA’s  Afghan policy, and lease out air bases for drone attacks, then it will remain on FATF grey list.  

The consequences of being in the grey list may entail economic sanctions and difficulties in obtaining loans from international donors like the International Monetary Fund, World Bank and Asian Development Bank. The trade-and-aid difficulties may retard economic progress of a country.

Favoritism towards India: India has a much larger Gross Domestic Product (US$2875 billion , 2019),  than Pakistan’s paltry US$ 264 billion (2020).Similarly India has a much larger and wealthier Diaspora than Pakistan particularly in the Middle East and the USA.

The hawala (hand to hand transactions) and other money transfer practices among Indians and Pakistanis are similar. Yet the FATF keeps Pakistan always in focus and looks the other way when it comes to India.

Pakistan is a bête noire and India a protégé at the FATF only because of stark geo-political interests. Otherwise the money laundering situation in India is no less gruesome in India than in Pakistan. India has even been a conduit of ammunition to the Islamic State study conducted by Conflict Armament Research had confirmed that seven Indian companies were involved in the supply chain of over 700 components, including fuses or detonating cords used by the so-called Islamic State to construct improvised explosive devices.

Concluding remark

Political considerations, not primary objectives, override voting behavior at the FATF.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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Islamic State threat moves online, expands across Africa

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Two decades after the 11 September terrorist attacks in New York, terror networks Al-Qaida and Islamic State – also known as Da’esh – continue to pose a grave threat to peace and security, adapting to new technologies and moving into some of the world’s most fragile regions, the top UN counter-terrorism official told the Security Council on Thursday. 

UN counter-terrorism chief Vladimir Voronkov presented the Secretary-General’s latest report on the threats posed by terrorist groups, saying that Da’esh continues to exploit the disruption, grievances and development setbacks caused by the pandemic to regroup, recruit new followers and intensify its activities – both online and on the ground.    

Ever-evolving threat 

“Today, we face transnational terrorist threats like Da’esh and Al-Qaida that are enduring and able to adapt to new technologies, but also expanding to include individuals and groups that commit terrorist attacks connected to xenophobia, racism and other forms of intolerance”, said Mr. Voronkov. 

The UN counter-terrorism architecture, largely set up in the wake of the 9/11 attack, helps Member States implement effective frameworks to prevent, address, investigate and prosecute acts of terrorism.  

It is also ramping up efforts to help countries adapt to the rapidly changing nature of the threat, which has become more digital and de-centralized in recent years.  

Noting that the world is currently witnessing a rapidly evolving situation in Afghanistan “which could have far-reaching implications” around the globe, he cited Da’esh’s expanded presence in that country and pointed out that several members of the Taliban have been designated as terrorists by the Security Council.   

We will need to ensure that Afghanistan is never again used as launching pad for global terrorism“, stressed the UN official. 

He briefed the Council on the eve of the fourth commemoration of the International Day of Remembrance of and Tribute to the Victims of Terrorism, observed annually on 21 August. 

Islamic State in Africa 

While Da’esh remains focused on reconstituting its capabilities in Iraq and Syria, Mr. Vornkov said the most alarming development in recent months is the group’s relentless spread across the African continent.

The so-called “Islamic State in the Greater Sahara” has killed several hundred civilians since the start of 2021 in Mali, Burkina Faso and Niger, while the group’s “West Africa Province” will likely gain from the weakening of Boko Haram, with additional spillover of terrorists and foreign fighters from Libya. 

Meanwhile, the expansion of Da’esh in Central Africa – and especially in northern Mozambique – could have far-reaching implications for peace and security in the region. 

A global response is urgently needed to support the efforts of African countries and regional organizations to counter terrorism and address its interplay with conflict, organized crime, governance and development gaps”, said Mr. Voronkov.  

Repatriating women and children 

Alongside Da’esh’s expansion in Africa and its rapid shift online, Mr. Voronkov also cited the continued detention of thousands of individuals with alleged links to terrorist groups as another factor exacerbating the threat. 

Deteriorating conditions in detention facilities and displacement camps in northeast Syria, in particular, are serving as a rallying cry for terrorist activities.  They have already fuelled instances of terrorist radicalization, fund-raising, arms smuggling, training and incitement to terror. 

Against that backdrop, he echoed calls from officials across the UN for Member States to voluntarily repatriate all concerned individuals, with a particular focus on children.  

In September, the Office of Counter-Terrorism (UNOCT) and the UN Children’s Fund (UNICEF) will jointly launch a global framework to support countries requesting assistance with protection, voluntary repatriation, prosecution, rehabilitation and reintegration of individuals with suspected links to designated terrorist groups returning from Iraq and Syria. 

The framework has already been deployed in Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. 

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Taliban and Al Qaeda: Putting a fox in charge of the chicken coop?

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Abu Omar Khorasani was taken from Kabul’s Pul-i-Charkhi prison and unceremoniously shot.

The first and only person to have been executed since the Taliban gained full control of Afghanistan, Mr. Khorasani was the head of the Islamic State in South Asia until he was arrested by government forces last year.

The precise circumstances of his execution are not known. His killing was, however, at least in part designed to send a message to the international community, and particularly Afghanistan’s neighbours, including China and Iran, as well as Russia, Central Asia’s security overlord.

The message was that the Taliban were cracking down on foreign jihadists and militants in Afghanistan.

Mr. Khorasani was an easy symbol. The Taliban and the Islamic State, whose ranks of foreigners are primarily populated by Pakistanis and a sprinkling of Central Asians, Uighurs, Russians, Turks, Iranians, Indonesians, Indians, and Frenchmen, have long been adversarial. The Islamic State recently accused the Taliban of being more nationalist than pious in their negotiations with the United States.

The Taliban message is a partial truth at best. What is true for the Islamic State is not true for Al–Qaeda and others such as the Uighur Turkestan Islamic Party (TIP) and the Islamic Movement of Uzbekistan.

The Taliban appear to believe that they can get away with the differentiation because they perceived the United States as more focused in the withdrawal negotiations on ensuring that the Islamic State, Al-Qaeda, and other militants will not be allowed to use Afghanistan as a base for international operations rather than on getting them expelled from the country.

The perceived US focus may have been rooted in a concern that if Taliban’s hands were forced, they would let militants slip out of the country and not hand them over to authorities. That would make it difficult to control their movements or ensure that they are either entered into deradicalization programs or, if warranted, brought to justice.

“It’s a Catch-22. The Taliban ensuring that Al Qaeda sticks to rule risks putting a fox in charge of the chicken coop. How much better that is than having foxes run wild remains to be seen,” said a retired counter-terrorism official.

Officials of the Trump administration that negotiated the agreement suggest that the continued presence of Al-Qaeda and other militants in Afghanistan would violate the accord with the Taliban.

Former Vice President Mike Pence as well as Trump era State Department counterterrorism coordinator Nathan Sales argued that the deal “required the Taliban…to refuse terrorists safe harbour.

Russia and China, while publicly more measured in their statements, are likely to share western concerns. Russia held military drills earlier this month with Tajik and Uzbek troops in Tajikistan, 20 kilometres from the border with Afghanistan.

Al-Qaeda may have been boosted in recent weeks by multiple prison breaks in which the Taliban freed operatives of Al-Qaeda and other militant groups. It remains unclear however to what degree the breaks will help the group strengthen its presence in Afghanistan.

General Mark Milley, chairman of the US Joint Chiefs of Staff, warned this week that al Qaeda and the Islamic State could quickly rebuild their networks in Afghanistan.

The United Nations recently reported that Al-Qaeda “is present in at least 15 Afghan provinces”, and that its affiliate in the Indian subcontinent, “operates under Taliban protection from Kandahar, Helmand and Nimruz provinces.” 

“Without information on who exactly escaped, it is difficult to determine whether historically significant figures remain within AQ’s AfPak network, or if it is mainly composed of newer figures these days, whether local or regional foreign fighters,” cautioned political violence scholar Aaron Y. Zelin. Mr. Zelin was referring to Al-Qaeda’s Afghanistan-Pakistan network.

Also unclear is whether Al-Qaeda operatives in Iran will be allowed to relocate to Afghanistan.

The prison breaks further go to concerns about relying on the Taliban to police jihadists and other militants with aspirations beyond Afghanistan’s borders. Of particular concern is the fact that the balance of power has yet to be determined between Taliban leaders who in recent days have been eager to put a more moderate, accommodating foot forward with security guarantees for their opponents, minorities and women and the group’s far-flung less polished rank and file.

The concern about the Taliban’s ability and willingness to control militant activity on Afghan soil is magnified by worry regarding the continued existence of warlords with the power to organise violence, provide jobs and public services, and forge or strengthen ties with militants.

Warlords will play an active role in the future of Afghanistan. They will remain businessmen and political leaders, connected to global economic processes and networks. They will develop the military power that they need to control territory and wage war. They will, finally, continue to fight for more autonomy and, in some cases, might even manage to partially form their old regional polities once again,” said Romain Malejacq, author of a book on Afghan warlords.

“Afghanistan’s availability as a sanctuary for terrorists is, to say the least, related to its status as a warlord-ridden wasteland,” said journalist and author Graeme Wood.

The Taliban’s refusal to expel militants not only complicates the group’s efforts to garner legitimacy in the international community and particularly its neighbours, even if Al-Qaeda has been significantly weakened since 9/11 and is less focussed on attacking the United States and more on the Muslim world.

It also strengthens those who fear that Afghanistan will again emerge as a launching pad for trans-national political violence. “We are going to go back to a pre-9/11 state—a breeding ground for terrorism,” warned Michael McCaul, the ranking Republican member of the US House Foreign Affairs Committee. “They (the Taliban) will not restrict terrorist groups, just ask them to operate low-key,” added Douglas London, a former head of CIA counterterrorism operations for South and Southwest Asia.

The Taliban proved already 20 years ago that they valued loyalty when they rejected US and Saudi pressure to hand over Osama bin Laden no matter the cost. The Taliban have since come to appreciate Al Qaeda’s fighting skills and contributions to the Afghan militants’ cause.

Taliban fighters this week, in a violation of their pledge to inclusiveness, demonstrated their ideological anti-Shiite affinity with Al-Qaeda by blowing up a statue of Abdul Ali Mazari, a Shiite Hazara militia leader killed by the Taliban when they first took power in 1996.

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Drones in the Hands of Terrorists: What Happens Then?

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Ardian is a counter-terrorism researcher, lecturer and security analyst, with a field research experience in Syria, Iraq, Jordan, Western Europe, the Balkans, Kenya, Somalia and Central Asia. Ardian is the co-founder and director of the American Counterterrorism Targeting and Resilience Institute (ACTRI), a U.S.-based research institute focused on studying translation left-wing, right-wing, and militant jihadi forms of political violence. He holds a Ph.D. in Public Policy and Administration.

Interviewed by Tatyana Kanunnikova.

What will be the role of drones in future terrorist attacks?

If we look at some of the most recent examples in Europe—for instance, the Gatwick Airport incident where drone sightings were reported—these led to a lot of confusion among airport officials as well as policymakers and law enforcement. In this specific case, we are talking about dozens of flights canceled, millions in costs for the airport as a result of the shutdown. We are also talking about the anti-drone technology that needs to be implemented by the airport, which translates into substantial financial costs. If we look at other places, such as active conflict areas, we’ll see that Houthi rebels used drones to target and assassinate Yemeni leaders and they were also striking key national infrastructure in places like Saudi Arabia. Even here, in the United States, sightings and illegal actions of drones flying over cities and close to government facilities in some cases speak to the fact that drone operations may be a thing in the future.

Here, in the United States, there are examples of individuals who have attempted or actively pursued ways to utilize remotely piloted aircraft or drone technology in general to cause harm to U.S. interests. For example, in 2012, a group of Virginia-based individuals, with direct or indirect affiliation with Lashkar-e-Taiba, a Pakistan-based terrorist organization, sought to acquire this sort of technology for the terrorist group. In 2011, we had a U.S. national, who actually was a student at one of the reputable universities here in the United States and who plotted to pilot explosive-laden, remotely controlled planes and attack U.S. government facilities and military installations. If we look at the issue from this particular standpoint, there is potential for malicious use of drones in not only active conflict zones but also here in the West, which should not be overlooked.

In 2017, FBI Director Christopher Wray said that drones constituted an imminent terrorist threat to U.S. cities. Is this threat still considered imminent?

That is a good question and that has been part of the discourse here in the United States as well. The concern is that they come with a very low acquisition cost, which presents an opportunity to pursue that kind of technology to many groups, state and non-state actors, including private individuals. One can easily procure parts to build it. It does not require sophistication in terms of running the aircraft as well.

These are all areas of concern for officials and law enforcement, especially here in the West. While I would caution against labelling drone usage for malicious or harmful purposes as the most pressing threat in the West, one should still not discount the fact that local law enforcement and other entities may not be best positioned to counter the drone threat. They are not necessarily best equipped and staffed to adequately address such a threat. I would say it is one thing to confront or operate against drone threats in active conflict zones, where the military has the resources and the capability to address that kind of threat. Domestically, in the West in general, that could be an issue given that we arguably lack the sort of sophistication needed to detect, monitor, and counter drone threat at the local level, in our cities.

Are modern terror groups capable of modifying consumer drones to conduct improvised attacks?

Terrorist groups, especially those of the modern day, have been very capable of doing that. I have witnessed first-hand such cases during our research in Syria and Iraq. I’ve seen a number of modified consumer drones used by ISIS to target the Peshmerga in the North of Iraq, Iraqi security forces in Mosul and other places. From a structural standpoint, [ISIS] were known for their Phantom DJI models. They often utilized Styrofoam, a light, easily accessible, cheap material to build drones, as well as to modify and turn other drones into actual weapons. In many cases, we saw that they were able to mount certain amounts of IEDs or other explosive devices.

There was, of course, the ability to pursue that kind of technology given a low acquisition cost. One thing that we also see is the mimicry in the use of drone technology. For example, the drone technology that has been used by ISIS is being mimicked by ISIS affiliates in other parts of the world as well because, again, of the low acquisition costs and the ease with which it can be built.

What tactics and techniques do drone-using terrorist groups use?

From my personal research experience as well as experience in places like Syria and Iraq, the drone technology was primarily used to gain intelligence, for surveillance purposes. Drone usage has also proven powerful for propaganda purposes, namely imagery that was captured through drones and exploited for propaganda purposes. Of course, one must not overlook the military-strategic component, such as the ability to mount explosive devices and drop them onto enemies. It also serves to demonstrate “aerial power,” which comes, again, with a huge propaganda value that VE and terrorist groups have been able to put to use as well.

Another thing that we see, which is very interesting, is that the drone usage, especially as far as ISIS is concerned, has given them this opportunity to claim the alleged power and control not only on the ground but also in the airspace. This gives the illusion as though—especially as it [ISIS] started losing its controlled area in 2016-2017 and onwards—the drone operations afforded the group with this sort of aerial superiority, the operational capacity to penetrate into the airspace and attack enemy forces. This did give them [ISIS], from a propaganda perspective, a huge boost as well. And we have seen, for example, that ISIS would launch their drones laden with explosives into enemy lines, accompanied by other drones equipped to record such attacks, which was then shared via Telegram or other social media platforms utilized by ISIS for their propaganda purposes. As for the success of their drone-led attacks, it is really debatable; firstly, because they [ISIS] are only going to advertise their successes. We actually do not know much—at least publicly—about their downfalls or any limitations. Some of the images, if we look at some past attacks, in 2017, for example, when ISIS dropped several IEDs via drones onto the Syrian army base storing significant stashes of weapons in a stadium, showed significant damages to the Syrian military. But we do not know with certainty about their successes, the level of their success, as we often see what they choose to share on their media.

What we do know is that it is important for us to differentiate between terrorist groups or non-state actors that have utilized drones in a limited capacity and those that have active drone programs. If we look at organizations like Hezbollah (Kataib Hezbollah), Hamas, ISIS or even Houthis, they do have a record of successfully running drone programs, weaponized drone programs. In fact, these programs are sponsored by a state. For example, we know that Iran has played a significant role in sponsoring Hamas and Hezbollah’s use of drones, and so on. Again, when trying to differentiate where the drone threat might come from, it is important to understand the difference between the usage of drones by certain groups or entities in limited capacity versus those who have been running or supporting drone programs.

Are drones more likely to be used as means of transportation or as autonomous weapons?

In many cases, aside from the primary surveillance function, they have been utilized by terrorist groups as a means of transporting explosive and other materials from point A to point B. But as for the use of autonomous weapons, to my knowledge to date, to be able to drive this sort of autonomous drone weapons, they lack such a capability given that such drone technology needs to be accompanied with artificial intelligence. Most of these [drones] are programmed to, say, carry out attacks, drop a bomb, and so on. There has to be artificial intelligence incorporated with these autonomous weapons for them to be effective in other ways. But I have not seen this sort of technology, especially with ISIS. Perhaps, this could be the case with other groups like Hamas and Hezbollah.

What targets would terrorists prioritize when conducting drone attacks?

As for the targets, what we have seen in places like Iraq and Syria, much of the drone strikes targeted, of course, the military, those perceived as enemy. As I mentioned earlier, in 2017, there was a highly publicized attack where ISIS dropped a significant number of explosives onto the Syrian army positions and weapons supply points. Attacks were also carried out against the Iraqi security forces during operations in Mosul. Surveillance function is an important component because it affords this sort of “pre-attack” planning ability to ISIS and other terrorist groups to better organize and coordinate their attacks. They would normally send out drones to collect information and then follow up with an attack, as is often the case. What we have seen is not only the use of drones for attack purposes but also the demonstration of power by sending many drones at the same time to create an illusion or perception that ISIS is capable of attacking with multiple drones and penetrating the enemy’s aerial space.

There is a nightmare scenario that small drones can be used to deliver chemical or biological agents in an attack. Or disperse deadly viruses over a public gathering place. Is it real?

In Iraq or Syria, where ISIS or other operating terrorist groups are involved, it is a matter of being able to gain access to chemical or biological weapons. It is not a far-fetched notion. And there are some examples of such incidents taking place. There were some efforts on the part of ISIS to deliver chemical, biological and other weapons of mass destruction via drones.

Are drone strikes effective against terrorist groups like al-Qaeda and ISIS? If yes, why?

As regards counterterrorism, if we ask government officials, they would argue that they are effective. The way to measure such effectiveness would be to look at how certain terrorist leaders—or those associated with terrorist actions at some level—have been targeted. Most recently, Qasim al-Raymi from al Qaeda in Yemen was killed via drones, so that was one measure of success. During the Obama administration, in Yemen alone, we had upwards of 1200 drone attacks targeting different militants. During President Trump, we delivered hundreds of attacks, specifically targeting militants in Yemen, Somalia and other places. In Pakistan alone, the drone targeting campaign lasted over 10 years. We also have the recent example where the Iranian General Qasem Soleimani was targeted and killed via a drone strike.

But again, if we look at terrorist organizations as unified and cohesive organizations, then we could say that killing their leaders specifically should reduce terrorist attacks as well. But we also know that terrorist organizations are not cohesive or unified in many ways. In that regard, the effects of killing a terrorist leader become perplexing or complex. For example, when a terrorist leader is killed, in theory, it should lead to a situation where a terrorist group’s leadership and control is undermined. On the other hand, depending on who comes next in the line of succession, the successor may be more prone to violence.

It is a really complicated question. In retaliation, groups may also increase terrorist attacks against civilians. And we have also seen this in terrorist groups with centralized leadership. One must also consider drone attacks leading to civilian casualties and significant grievances. I conducted research with my colleagues in Somalia last year. And during the course of interviews, drone attacks were largely criticized and raised as the source of grievance by some, even leading to recruitment and joining Al Shabaab in some cases. Although those attacks were aimed at Al Shabaab leaders or affiliates, or ISIS operatives, grievances were raised that they did lead to civilian casualties as well.

What are the risks associated with drone operations? Are there ways to mitigate those risks? How do we prevent them?

Some drones can fly at a very high altitude, while some fly only at low altitudes, which can be problematic under either scenario. From an anti-drone technology standpoint, that becomes a problematic proposition and requires a better understanding of how drone technology may be applied in the future. But again, as I mentioned earlier in the example of drone sightings at the Gatwick airport, when it led to significant confusion and material damage, the same thing applies here [in the West] in local contexts because of the inability to fully grasp and understand this emerging technology, but we’re also talking about the need to counter that technology if deployed in cities or in other places where it could pose significant difficulties and strains, especially on local governments and law enforcement.

Last year, for the first time in history, drones autonomously attacked humans. According to the UN report, these drones were supplied by Turkey to the Libyan forces. Can machines be allowed to make their own decisions to kill or should autonomous drone attacks be banned?

I have not done much research on the topic, and I do not know if these autonomous attacks led to human casualties. If this is the case, that would change the course of how we understand autonomously driven objects, specifically as it relates to drones. As stated earlier, autonomous weapons, coupled with this sort of artificial intelligence, do make sense in some way, provided that humans exercise some level of control. We have to understand the decision-making process that goes into creating this sort of autonomous technology [drones].

We know from our research that we could feed a certain image to a drone, which would enable that particular drone to carry out an attack based on the image fed. Having said that, a slight change, modification, misreading of that image (or its pixels) by the drone could lead to significant errors in terms of targeting capabilities. The lack of human control may always pose a level of risk. Humans need to play a role in a drone’s “decision-making” process. If we look at other fields that utilize these autonomous technologies, like self-driving, autonomous vehicles (AV), one can find errors there as well. From such a perspective, that could be problematic as well. Also, the question is not only how they [autonomous drones] are used but also where and how many of them are used. If we are talking about an autonomous drone being utilized in certain operations, say in a conflict zone like Syria and against ISIS, it may lead to different outcomes as compared to, say, using them in non-conflict areas, in cities and where large segments of civilian population are present. The room for error is especially there in the case of the latter, when operating in spaces where civilians are present. Again, we do not know much [publicly] about this emerging technology, including their decision-making process, their objectives, how they operate in different geographic areas, etc. These are all questions we need to better understand and address.

From our partner RIAC

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