The Legal Foundations of Homeland Security

1. Purpose of the 1973 treaty on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

The objective of this international convention was to safeguard the worldwide repression of offenses against internationally protected individuals, such as heads of state and representative or officials of states or diplomatic agents and also to deny the offenders of these crimes a haven. The convention is based on the purposes and principles of the Charter of the United Nations regarding the maintenance of international peace and the promotion of relations that are friendly and ensuring cooperation among nations. The convention considers that crimes committed against diplomatic agents and other people who are internationally protected jeopardize their safety hence creating a severe threat to the maintenance of normal international relations that are necessary for cooperation among different nations. The convention was convinced that there is an urgent requirement for adoption of suitable and efficient approaches to the prevention and punishment of crimes committed against internationally protected persons (Watts, 2000). 

2. Assault on the U.S. diplomatic facilities in Benghazi, Libya

On September 11, 2012, there was an attack on the US State Department Special Mission in Benghazi, Libya in which the diplomatic facility was set on fire leading to the death of the US ambassador to Libya, Christopher Stevens together with three other US citizens. The three US nationals are State Department computer expert Sean Smith who was killed in the initial assault in conjunction with the ambassador, and Tyrone Woods and Glen Doherty who as former American Navy Seals acting as security contractors. The assault was perpetrated by members of the Islamic militant group called Ansar al-sharia. First, in the initial attack on the facility heavily armed men belonging to the terrorist group descended on it and in the second assault the same group launched a mortar attack on a Central Intelligence Agency (CIA) annex (Rubright, 2016). The assault on the diplomatic facility was first thought to have been caused by protests against an anti-Muslim video, Innocence of Muslims that had been recently released.

Immediately after the first attack had taken place, the United States evacuated all the surviving American personnel and also dispatches additional security teams to Tripoli and Benghazi. President Obama also responded by condemning the attack as outrageous and shocking. President Obama also stated that no act of terror would end up unpunished, and the key suspect in the attack, militia leader Ahmed Abu Khatallah is apprehended by the Federal Bureau of Investigations (FBI).

3. As a partner in the treaty, did the U.S. Department of Homeland Security and other participating countries adequately responded to the attack on the U.S. diplomatic facilities?

The US Department of Homeland Security responded well by sending additional security teams that include 50-member Marine FAST team, in which America aimed at stopping any further attack on US citizens. The US also undertook several investigations to determine what took place. The agencies that released reports include the House Select Committee on Benghazi, United States Senate Committee on Homeland Security and Governmental Affairs, and the US House of Representatives Permanent Select Committee on Intelligence. These investigations are crucial in determining what took place and also in mitigating similar attacks in other US missions spread across the globe. The US and Libya also worked together to prosecute and extradite the perpetrators of the crime as required by the convention.

4. In your opinion, did the intelligence community recognize the shortcomings of the international treaty?

Intelligence communities around the globe realized the shortcomings of the 1973 international treaty. For instance, there was no provision of the inadequacy by a member state to protect internationally protected persons such as in the case of Libya (Lieberman & Collins, 2012). 

5. After the Benghazi attack, what actions did the U.S. federal government take to protect U.S. diplomatic agents and facilities?

To ensure swift and fast response to similar incidents the future, the US Pentagon in 2013 activated a USMC quick response force for North Africa, which would employ range and speed of the Bell Boeing V-22 Osprey.

Also in 2013, the Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 was introduced, in which it aimed at ensuring that there was US government funding for improvement of physical infrastructure at all its posts overseas and also improved the training for security personnel in the facilities.

Today, the Department of State maintains a presence in all diplomatic facilities faced with a security situation that would have in a previous instance led to the evacuation of US personnel or to close the facility.

References

Lieberman, J. I., & Collins, S. M. (2012). Flashing Red: A Special Report On The Terrorist Attack At Benghazi. US Senate Committee on Homeland Security and Governmental Affairs.

Rubright, R. (2016). 13 Hours: The Inside Account of What Really Happened in Benghazi, by Zuckoff, Michael: New York, NY: Twelve, 2014. 344 pp.+ notes and index. $9.99 (paperback). ISBN-13: 978-1-4555-3839-3.

Watts, A. (Ed.). (2000). The International Law Commission 1949-1998: Volume Two: The Treaties. Oxford University Press.

Carolyn Morgan is the author of this paper. A senior editor at MeldaResearch.Com in research paper writing services if you need a similar paper you can place your order from Top American Writing Services.