Kenneth Anderson reminds us that much of our thinking on how best to combat terrorism comes from a speech given at the Park Avenue Synagogue in New York by then-Secretary of State George Shultz, who along with James Baker was the last great secretary of state we have had. Professor Anderson is kind enough to excerpt the salient aspects of Shultz’s speech. I will pay forward that kindness by re-excerpting his excerpt:
We must reach a consensus in this country that our responses should go beyond passive defense to consider means of active prevention, preemption, and retaliation. Our goal must be to prevent and deter future terrorist acts, and experience has taught us over the years that one of the best deterrents to terrorism is the certainty that swift and sure measures will be taken against those who engage in it. We should take steps toward carrying out such measures. There should be no moral confusion on this issue. Our aim is not to seek revenge but to put an end to violent attacks against innocent people, to make the world a safer place to live for all of us. Clearly, the democracies have a moral right, indeed a duty, to defend themselves.
A successful strategy for combating terrorism will require us to face up to some hard questions and to come up with some clear-cut answers. The questions involve our intelligence capability, the doctrine under which we would employ force, and, most important of all, our public’s attitude toward this challenge. Our nation cannot summon the will to act without firm public understanding and support.
First, our intelligence capabilities, particularly our human intelligence, are being strengthened. Determination and capacity to act are of little value unless we can come close to answering the questions: who, where, and when. We have to do a better job of finding out who the terrorists are; where they are; and the nature, composition, and patterns of behavior of terrorist organizations. Our intelligence services are organizing themselves to do the job, and they must be given the mandate and the flexibility to develop techniques of detection and contribute to deterrence and response.
Second, there is no question about our ability to use force where and when it is needed to counter terrorism. Our nation has forces prepared for action —from small teams able to operate virtually undetected, to the full weight of our conventional military might. But serious issues are involved—questions that need to be debated, understood, and agreed if we are to be able to utilize our forces wisely and effectively.
If terrorists strike here at home, it is a matter for police action and domestic law enforcement. In most cases overseas, acts of terrorism against our people and installations can be dealt with best by the host government and its forces. It is worth remembering that just as it is the responsibility of the U.S. Government to provide security for foreign embassies in Washington, so the internationally agreed doctrine is that the security of our Embassies abroad in the first instance is the duty of the host government, and we work with those governments cooperatively and with considerable success. The ultimate responsibility of course is ours, and we will carry it out with total determination and all the resources available to us. Congress, in a bipartisan effort, is giving us the legislative tools and the resources to strengthen the protection of our facilities and our people overseas—and they must continue to do so. But while we strengthen our defenses, defense alone is not enough.
The heart of the challenge lies in those cases where international rules and traditional practices do not apply. Terrorists will strike from areas where no governmental authority exists, or they will base themselves behind what they expect will be the sanctuary of an international border. And they will design their attacks to take place in precisely those “gray areas’ where the full facts cannot be known, where the challenge will not bring with it an obvious or clear-cut choice of response.
In such cases we must use our intelligence resources carefully and completely. We will have to examine the full range of measures available to us to take. The outcome may be that we will face a choice between doing nothing or employing military force. We now recognize that terrorism is being used by our adversaries as a modern tool of warfare. It is no aberration. We can expect more terrorism directed at our strategic interests around the world in the years ahead. To combat it, we must be willing to use military force.
What will be required, however, is public understanding before the fact of the risks involved in combating terrorism with overt power. The public must understand before the fact that there is potential for loss of life of some of our fighting men and the loss of life of some innocent people. The public must understand before the fact that some will seek to cast any preemptive or retaliatory action by us in the worst light and will attempt to make our military and our policymakers— rather than the terrorists—appear to be the culprits. The public must understand before the fact that occasions will come when their government must act before each and every fact is known—and the decisions cannot be tied to the opinion polls. Public support for U.S. military actions to stop terrorists before they commit some hideous act or in retaliation for an attack on our people is crucial if we are to deal with this challenge. Our military has the capability and the techniques to use power to fight the war against terrorism. This capability will be used judiciously. To be successful over the long term, it will require solid support from the American people.
I can assure you that in this Administration our actions will be governed by the rule of law; and the rule of law is congenial to action against terrorists. We will need the flexibility to respond to terrorist attacks in a variety of ways, at times and places of our own choosing. Clearly, we will not respond in the same manner to every terrorist act. Indeed, we will want to avoid engaging in a policy of automatic retaliation which might create a cycle of escalating violence beyond our control.
If we are going to respond or preempt effectively, our policies will have to have an element of unpredictability and surprise. And the prerequisite for such a policy must be a broad public consensus on the moral and strategic necessity of action. We will need the capability to act on a moment’s notice. There will not be time for a renewed national debate after every terrorist attack. We may never have the kind of evidence that can stand up in an American court of law. But we cannot allow ourselves to become the Hamlet of nations, worrying endlessly over whether and how to respond. A great nation with global responsibilities cannot afford to be hamstrung by confusion and indecisiveness. Fighting terrorism will not be a clean or pleasant contest, but we have no choice but to play it.
Professor Anderson invites us to “consider what, if any, parts of [the Shultz speech] would not have been utterable by Obama administration officials and senior counsel today.” I would respond by stating that unlike Barack Obama, George Shultz would never make the mistake of just unilaterally declaring the war on terror to be over, irrespective of the fact that terrorists haven’t stopped attacking us.