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THE WAR ON AMERICAN DIPLOMACY: ISIS, AL-QAEDA, AND TALIBAN’S

SUSTAINED ATTACKS ON PEACEFULU.S. MISSIONS ABROAD

Justus Reid Weiner*

I. INTRODUCTION

According to the American Foreign Service Association, forty separate attacks on U.S. diplomatic missions abroad occurred between 1973 and 2013, resulting in the deaths of seventy-six American diplomats.1

These diplomats were beacons of peace in their respective regions, maintaining peaceful relations amongst each other’s countries and mitigating conflict without the use of violence. Continued attacks on diplomats are a demonstration of violence not only against them as individuals, but against peace around the globe. The most obvious way to resolve this conflict is to acknowledge the innumerous terror attacks that have taken place and take active steps to resolve the threat they have and continue to pose to world peace.

The June 12, 2015 hostile takeover of the Tunisian Consulate in Libya has brought the issue of embassy security to the fore- front.2 The capturing of the Consulate and its staff by the Libyan Dawn3 calls into question Tunisia’s decision to keep its diplomatic offices open after most countries withdrew their diplomatic staff.

* Justus Reid Weiner is a distinguished scholar-in-residence at the Jerusalem Center for Pub- lic Affairs. He has lectured on international law and business at the Hebrew University of Jeru- salem. He also served as a senior attorney at Israel’s Ministry of Justice, specializing in human rights and other facets of international law. Previously, Mr. Weiner practiced law as an associate in the litigation department of the international law firm White & Case. He is the author of numerous professional publications. Mr. Weiner received his Juris Doctorate degree at the Uni- versity of California Berkley School of Law. The Author would like to thank his research assistant, Shmuel Eisenberg of Hebrew University.

1 Scott Lilly, Attacks Against American Diplomats, CTR. AM. PROGRESS (Sept. 16, 2014), https://www.americanprogress.org/issues/security/report/2014/09/16/95818/attacks-against-american-diplomats/.

2 Gunmen Storm Tunisian Consulate in Libya, Kidnap 10 Staff, RT (June 13, 2015), http://rt.com/news/266827-libya-tripoli-tunisian-consulate/.

3 The Libyan Dawn is a group of Islamist Militias. Most notably, the February 17th Militia, who banded together to support the Muslim Brotherhood, dominated the new General National Congress in the Libyan Civil War. The February 17th Militia will be discussed later in the paper for their role in the Benghazi Attacks.

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The staffers were eventually released after Tunisia agreed to release a leader of the Libyan Dawn arrested in Tunisia on terrorism- related charges.4

These events recall the 2012 Benghazi Attack in which U.S. Ambassador Christopher Stevens, along with three other Ameri- cans, was assassinated by Islamic terrorists.5 The ongoing investigation into the September 11, 2012 Benghazi incident has drawn lots of public attention. However, the investigation is increasingly fading from public interest.6 With the entrance of former Secretary of State Hillary Clinton into the 2016 presidential race, the Ben- ghazi issue will certainly re-emerge into public consciousness.

The November 4, 1979 takeover of the U.S. Embassy in Te- hran was a major turning point in American-Middle Eastern relations. The incident was triggered by Iranian students’ anger toward the U.S. for offering critical medical treatment to the deposed Ira- nian Shah, Reza Pahlavi.7 Radical Islamic students stormed theU.S. Embassy and took hostage the entire staff of over sixty Amer- icans.8 After 444 days, due to intense world pressure and heavy American sanctions, Iran agreed to release the hostages.9

Until this day, the embassy, now covered in anti-American graffiti, remains closed.10

The 1998 bombings of U.S. Embassies in Nairobi and Tanzania, as well as the 1983 bombings of the U.S. Embassy and Marine barracks in Beirut, were some of the most significant attacks on U.S. diplomatic activities. In the August 7, 1998 attack, the U.S. Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania were simultaneously bombed killing 224 and wounding

4 Tunisian Consular Workers Freed ‘in Exchange for Libyan Commander’, BBC News (June 19, 2015), http://www.bbc.com/news/world-africa-33199022.

5 Anup Kaphle, Timeline: How the Benghazi Attacks Played Out, WASH. POST (June 17, 2014), http://www.washingtonpost.com/world/national-security/timeline-how-the-benghazi-attack-played-out/2014/06/17/a5c34e90-f62c-11e3-a3a5-42be35962a52_story.html.

6 Benghazi Investigation Does Not Reignite Broad Public Interest, PEW RES. CTR., http:// www.people-press.org/2013/05/13/benghazi-investigation-does-not-reignite-broad-public-interest/ (last visited June 18, 2015).

7 The Iranian Hostage Crisis, PBS, http://www.pbs.org/wgbh/americanexperience/features/ general-article/carter-hostage-crisis/ (last visited June 16, 2015).

8 Id.9 Id.

10 Cathy Weiss, Stepping into the U.S. Embassy in Tehran is a Step Back in Time to 1979, ABC NEWS (May 1, 2015), http://www.abcactionnews.com/decodedc/stepping-into-the-us-embassy-in-tehran-is-a-step-back-in-time-to-1979.

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over 5,000.11 Al-Qaeda operatives admitted perpetrating the attacks, which killed a dozen Americans.12

The 1983 Beirut bombings, orchestrated by Iran-sponsored terrorists, were two of the deadliest attacks on U.S. forces overseas and forced President Reagan to withdraw forces from Lebanon. On April 18, 1983, a suicide bombing of the U.S. Embassy in Bei- rut killed seventeen Americans among them Robert Ames, the CIA’s most respected authority on the Middle East.13 Soon after, on October 23, 1983, a group of U.S. Marines stationed in Beirut to maintain peace in Lebanon was attacked resulting in the deaths of 241 American servicemen!14 This bombing was the deadliest attack on U.S. citizens perpetrated on foreign soil.15

The examples listed above are just a few of the most famous attacks on U.S. diplomatic missions. The frequency and extent to which U.S. diplomats and embassies are targeted is cause for great concern. The diplomats represent their country abroad and are es- sential to healthy international relations. The targeting of diplomats and diplomatic facilities is never legitimate and every measure must be taken to ensure their safety.

II. HISTORY OF DIPLOMACY

A. Diplomacy in Ancient History

Diplomacy originates from the Greek word diploma, a non- violent method by which foreign countries engage in dialogue and negotiations with each other.16 Diplomacy developed until it became a worldwide endeavor to maintain peaceful relations and communications, even during times of war, between countries. Even in the tribal era, negotiations were employed by tribes.17

11 1998 U.S. Embassies in Africa Bombings Fast Facts, CNN, http://edition.cnn.com/2013/10/ 06/world/africa/africa-embassy-bombings-fast-facts/ (last visited June 18, 2015).

12 Id.13 Tatiana Morales, Remembering CIA’s Bob Ames, CBS NEWS (Apr. 16, 2003), http://www

.cbsnews.com/news/remembering-cias-bob-ames/.14 James Phillips, The 1983 Marine Barracks Bombing: Connecting the Dots, DAILY SIGNAL

(Oct. 23, 2009), http://dailysignal.com/2009/10/23/the-1983-marine-barracks-bombing-connecting-the-dots/.

15 Id.16 Chas. W. Freeman, Jr., Diplomacy, ENCYCLOPEDIA BRITANNICA, http://www.britannica

.com/EBchecked/topic/164602/diplomacy (last visited June 19, 2015).17 Id.


Diplomatic activity, however, was not recorded until 14 BC in An- cient Egypt and became commonplace only after 2850 BC with the designation of Akkadian (Babylonian) as the official international language.18

Diplomatic concepts can be found in all three Abrahamic religions.19 In the twentieth chapter of Deuteronomy, the Fifth book of the Jewish Bible, it is stated, “When you march up to attack a city, make its people an offer of peace.”20 Fourth century Christian theologian, St. Augustine, interprets the commandments of “love your enemy” and “turn the other cheek” to allow war only when all available non-violent methods fail.21 Surah Al-Anfal, the eighth chapter of the Qur’an states, “If they incline toward peace, incline you toward it,” recommending a diplomatic course of action.22

These religions, although preceded by the existence of diplomatic concepts, significantly developed and spread diplomatic doc- trine. The Bible discusses at length the diplomatic relations between Jewish nations and other tribes.23 The Roman Catholic Church created an organized system in which popes and papal leg- ates conducted peace talks and served as mediators to end armed conflicts.24 The Constitution of Medina, written by Muhammad in 622 AD, united the Medina clans and established peaceful relations with the Jewish community.25 The expansion of these religions and their influence on government likely influenced the progress of diplomacy in Middle Age societies.

B. Diplomatic Immunity From 1500 AD–Present

Diplomatic immunity, meant to ensure the legal protection of foreign representatives, affords an array of rights to diplomats and international organizations.26 The earliest recorded display of dip-

18 Id.19 Douglas M. Johnston, Armed Force and the Abrahamic Tradition, INT’L CTR. RELIGION

& DIPL. (Mar. 1, 2006), http://icrd.org/rp31/.20 Deuteronomy 20:10.21 Id. at 20.22 Id.23 Id. at 17.24 Id.25 Constitution of Medina, ENCYCLOPEDIA BRITANNICA, http://www.britannica.com/topic/

Constitution-of-Medina (last visited June 19, 2015).26 Linda Frey, Diplomatic Immunity, ENCYCLOPEDIA BRITANNICA, http://www.britannica

.com/EBchecked/topic/931495/diplomatic-immunity (last visited June 16, 2015).


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lomatic immunity was the safe passage provided to messengers and envoys in the Greek city-states.27 The development of

diplomatic rights continued with the Romans forbidding attacks on foreign ambassadors, even during wartime.28 Ambassadors,

and other del- egates, were generally tasked with fulfilling specific missions. The idea of establishing a permanent mission did not exist until Venice, Milan, and Mantua instituted resident

embassies in each other’s territories as well as other states in the late Fourteenth century.29 This precedent-setting event led to the

establishment of embassies as the norm throughout Italy, and eventually, the rest of Europe.30 In the 1625, Dutch scholar Hugo Grotius31 designed the concept of quasi extra territorium (Latin for, “as if outside the territory”), which discusses the specifics of diplomatic privilege.32 The concept is based on the idea that a

foreign delegation is not considered to be in the territory of their host state.33 In 1626, French Cardinal Richelieu, expanding on the Italian system, built the most advanced foreign ministry to date.34 By 1648, the Congress of Westphalia, established official

rules detailing protections and privileges to which ambassadors, along with their subordinates and family, are entitled.35 The

Congress of Vienna organized the first international sanctioning of the rules regarding diplomatic immu-

nity, in 1815.36

27 Id.28 Id.29 Sally Marks, Development of Italian Diplomacy, ENCYCLOPEDIA BRITANNICA, http://www

.britannica.com/topic/diplomacy/Diplomacy-of-the-Roman-Catholic-church#toc59478 (last visited June 19, 2015).

30 Sally Marks, The Spread of the Italian Diplomatic System, ENCYCLOPEDIA BRITANNICA, http://www.britannica.com/topic/diplomacy/The-spread-of-the-Italian-diplomatic-system (last visited June 19, 2015).

31 Hugo Grotius (1583–1645) was a practicing jurist, philosopher, diplomat, and statesman in the Dutch Republic. He is one of the preeminent authorities on international law and is known for introducing the free-seas concept into modern societies.

32 KARSTEN PLO¨ GER, ENGLAND AND THE AVIGNON POPES: THE PRACTICE OF DIPLOMACY

IN LATE MEDIEVAL EUROPE 133 (2005).33 Id.34 Sally Marks, The Development of the Foreign Ministry and Embassies, ENCYCLOPEDIA

BRITANNICA, http://www.britannica.com/topic/diplomacy/The-development-of-the-foreign-ministry-and-embassies (last visited June 19, 2015).

35 Eileen Denza, Introductory Note to the Vienna Convention on Diplomatic Relations, UNITED NATIONS, http://legal.un.org/avl/ha/vcdr/vcdr.html.

36 Id.


III. DIPLOMACY IN THE CONTEMPORARY PERIOD

The League of Nations was founded on January 10, 1920, di- rectly after World War I, to maintain world peace. The League, which was the first universal cooperation on peace, failed in its mission and was dissolved immediately after World War II, in 1946.37 The United Nations (“U.N.”) succeeded the League of Nations and arranged annual conventions to establish global treaties and agree- ments. Diplomacy, the flesh and blood of the U.N., became a major point of discourse in subsequent years.

Diplomatic rights became codified with the 1961 Vienna Con- vention on Diplomatic Relations. The Convention established and denoted the rules relating to the establishment, preservation, and cessation of diplomatic relations between two sovereign states.38 As of April 2014, 190 member states have ratified the Convention, effectively expanding diplomatic rights to the vast majority of nations.39 As per the terms of the Convention, all countries were encouraged to engage with one another in diplomacy and to actively seek out non-violent solutions to conflicts. Former Legal Adviser to the U.S. Department of State, John B. Bellinger III, writes, “diplomatic immunity is necessary to protect diplomats from legal and political harassment.”40 A selection of examples demonstrating the strength of diplomatic immunity is listed in the following paragraphs.

In 1987, the children of Floyd Karamba, an Administrative At-

tache at the Zimbabwean Mission in New York, were placed infoster care upon discovering the brutal beatings he inflicted upon them.41 A humanitarian appeal to prevent the return of the children to Zimbabwe was rejected by the Family Court and an Appel- late State Court due to the diplomatic immunity to which Karamba

37 CHRISTIAN TOMUSCHAT, THE UNITED NATIONS AT AGE FIFTY: A LEGAL PERSPECTIVE

77–78 (1995).38 Id.39 Privileges and Immunities, Diplomatic and Consular Relations, Etc., UNITED NATIONS

TREATY COLLECTION, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-3&chapter=3&0lang=en (last visited June 16, 2015).

40 John B. Bellinger III, Op-Ed., Diplomatic Immunity Is Vital for Americans Abroad, N.Y. TIMES (Apr. 16, 2015), http://www.nytimes.com/roomfordebate/2013/07/17/fixing-the-chinks-in- diplomatic-immunitys-armor/diplomatic-immunity-is-vital-for-americans-abroad.

41 Mark A. Uhlig, Court Won’t Bar Return of Boy In Abuse Case to Zimbabwe, N.Y. TIMES

(Jan. 1, 1988), http://www.nytimes.com/1988/01/01/nyregion/court-won-t-bar-return-of-boy-in- abuse-case-to-zimbabwe.html?.


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was entitled.42 An assistant United States attorney represented the State Department on behalf of Karamba.43

Julian Assange, the notorious hacker and founder of WikiLeaks, was charged with a string of sexual crimes that occurred during a trip to Sweden in August 2010.44 The Australian, despised by Western Governments for a series of high-profile leaks of classified documents, did not expect to receive a fair trial.45 To avoid extradition, he took refuge in the Ecuadorean Embassy in London until he later received political asylum.46 UK officials an- gered by the refusal of Ecuador to hand Assange over, threatened to revoke the Embassy’s diplomatic status enabling them to arrest Assange.47 Assange remained there for over two years demonstrating the strength of diplomatic immunity.

Muhammad Rizalman Ismail, a Malaysian representative serving in New Zealand, invoked diplomatic immunity to avoid a host of assault related charges levied against him.48 The May 9, 2014 episode allegedly occurred after a second warrant officer49

followed a 21-year-old woman home and attempted to rape and rob her.50 Mr. Rizalman fled back to Malaysia but eventually agreed to return after the submission of an extradition request by the government of New Zealand.51

The Camp David Accords52 is a prime example of successful diplomacy. The Accords ended thirty-five years of hostilities between Israel and Egypt. The two countries, which had engaged in no fewer than four wars against one another, have not engaged in

42 Id.43 Id.44 Faith Karimi, Julian Assange to leave Ecuadorian Embassy in London ‘soon’, CNN (Aug.

18, 2014), http://www.cnn.com/2014/08/18/world/europe/julian-assange-ecuador-embassy/.45 Id.46 Id.47 Julian Assange: UK ‘threat’ to Arrest Wikileaks founder, BBC NEWS (Aug. 16, 2012), http:/

/www.bbc.com/news/world-19259623.48 Malaysia to Send Diplomat Back to New Zealand Wanted on Sex Charges , INDEP. IE (July

2, 2014), http://www.independent.ie/world-news/asia-pacific/malaysia-to-send-diplomat-back-to- new-zealand-wanted-on-sex-charges-30401617.html.

49 Second warrant officer is a junior officer rank in the Malaysian Armed Forces.50 Id.51 Nicholas Cheng, Rizalman Extradited to New Zealand, THE STAR (Oct. 24, 2014),

http:// www.thestar.com.my/News/Nation/2014/10/24/Muhammad-Rizalman-extradited-to-New-Zea- land/.

52 The Camp David Accords, brokered by US President Jimmy Carter, were a series of secret meetings between Israeli Prime Minister Menachem Begin and Egyptian President Anwar El Sadat, which led to both peace and cooperation between the two nations. Begin and Sadat shared the 1978 Nobel Peace Prize for the agreement.


conflict since the signing of the Treaty in 1978. The Malta Sum- mit53 to end the U.S.-Soviet Cold War,54 and the Algiers Accords55

to end the Iranian Hostage Crisis are prime examples of the success of diplomacy in preventing armed conflicts. Diplomacy continues to be the preferred method in current affairs. Diplomatic solutions to modern conflicts and impending conflicts, such as the dispute over the Iranian nuclear program,56 are often the only al- ternatives to war.57

IV. RECORDED ATTACKS TARGETING U.S. EMBASSIES

AND DIPLOMATS

The prevalence of attacks on diplomats and embassies throughout the world is daunting. Attacks on diplomatic missions around the world occur on a near-daily basis. Many different groups perpetrate the assaults, although Islamic fundamentalists and terrorist organizations commit the majority of them. A partial list of attacks against U.S. diplomatic interests, confined to the Twenty-First century, is recorded herein. The author has decided to limit the scope of the article for purposes of concision and clarity.

1. October 4, 2000, Damascus, Syria: Demonstrators pro- testing the U.S. support of Israel attempted to storm the

53 The Malta Summit, which took place on March 2–3, 1989, after the fall of the Berlin Wall, effectively ended the Cold War. The declaration made between US President George H.W. Bush and U.S.S.R. premier Mikhail Gorbachev ended the forty-year arms race and dispute between the two super-powers.

54 The Cold War, which began in the aftermath of World War II, was a fifty-or-so-year- conflict between the Soviet Union and its Warsaw Pact allies against the US and its NATO allies. There was never any direct confrontation, although fighting through proxy wars and an arms race were direct results of the rising tensions between the two super-powers.

55 The January 19, 1981 signing of the Algiers Accords between the US and Iran led to the freeing of the US diplomats held captive by Iran for 444 days. The Accords, brokered by Alge- ria, freed the hostages in exchange for a US guarantee to remove sanctions on Iran and not interfere politically or military in Iranian affairs.

56 Iran is seeking to develop nuclear energy for what it claims are non-military purposes. Major countries in the Middle East, such as Israel and Saudi Arabia, as well as their Western allies, are concerned about the program. They believe Iran may be using the guise of nuclear energy to create nuclear weapons for attacks against Israel and other countries. Currently, the US is leading negotiations to find a solution that will allay Israel’s concerns and enable Iran to produce nuclear energy for civilian purposes.

57 Will Dunham & Susan Heavey, Obama calls Iran Deal the Best Option, Instead of Another War, REUTERS (Apr. 2, 2015), http://www.reuters.com/article/2015/04/02/us-iran-nuclear-obama- statement-idUSKBN0MT26L20150402.


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U.S. Embassy in Damascus. Syrian security services succeeded in preventing them from breaking in while with- standing a barrage of rocks and Molotov cocktails. The rioters, numbering in the thousands, returned for a second round of demonstrations two days later. Members of the Syrian security agency incurred serious injuries and the Embassy sustained heavy damage.58

2. October 6, 2000, Amman, Jordan: While wildly demonstrating in the vicinity of the U.S. Embassy, protesters decided to turn their attention to a car containing the family of an American diplomat. The mob of 15,000 assaulted the vehicle shattering its windows and injuring all the family members inside. The family was evacuated to a hospital with injuries.59

3. May 9, 2001, Jerusalem, Israel: An unexploded Impro- vised Explosive Device (“IED”) was found underneath a window of the U.S. Consulate-General in Israel’s capital, Jerusalem. An Israeli bomb squad detonated the device, believed to be the works of the Palestinians for the Libera- tion of Palestine (“PFLP”), before it exploded.60

Later that year, on September 4, Israeli Police arrested a terror cell that perpetrated and planned other attacks including a car bomb against the same U.S. Consulate-General.61

4. November 11, 2001, Cairo, Egypt: On the two month anni- versary of the World Trade Center Attacks, a U.S. Em- bassy Employee was shot at with an unloaded gun.62

The young Arab man drew a pistol and aimed it at her, without warning. In the chilling event, he pulled the trigger and then continued on his way down the street as if nothing had happened.

5. January 20, 2002, Calcutta, India: 5 security guards and policemen were killed in a shooting attack on a building that served as both a U.S. information library as well as a cul-

58 U.S. D.O.S. BUREAU OF D.S., REP. ON POLITICAL VIOLENCE AGAINST AMERICANS 33 (Comm. Print 2012).

59 Id.60 U.S. D.O.S. BUREAU OF D.S., REP. ON POLITICAL VIOLENCE AGAINST

AMERICANS 2011, Doc. 10965 at 21 (Comm. Print 2012).61 Israel Police and ISA Arrest Jerusalem PFLP Cell, ISRAEL MINISTRY FOREIGN AFF. (Sept.

4, 2001), http://mfa.gov.il/MFA/PressRoom/2001/Pages/Israel%20Police%20and%20ISA%20Ar rest%20Jerusalem%20PFLP%20Cell%20-.aspx.

62 Id. at 60.


tural center.63 Two different Islamist groups claimed responsibility for the attack that also injured sixteen others. The attacks, they said, were aimed at “the evil empire of America.” After the 9/11 World Trade Center Attacks,U.S. missions in India (and around the world) stepped up security in response to a rapid increase in threats against Western interests.64

6. March 20, 2002, Lima, Peru: In the days preceding (then) President George W. Bush’s first official visit to Peru, a car bomb exploded opposite the U.S. Embassy in the capital city of Lima.65 Bush, who wasn’t deterred by the attack, was on a visit to the Andean states to meet leaders in an effort to improve relations.66 The attack killed nine people and injured scores more. In 2005, members of the Sendero Luminoso67 or Shining Path, a pro-communist, Maoist organization were convicted for the attacks.68

7. June 14, 2002, Karachi, Pakistan: The U.S. Consulate in Karachi, operating with reduced staff as a result of terror threats, sustained a suicide bombing that killed nine and wounded nearly fifty.69 The powerful blast, just one day after a visit by (then) U.S. Secretary of Defense Donald Rumsfeld, wrecked the heavily fortified building, even knocking down a large cement wall.70 The attack took place fewer than two miles away from the site of the kidnapping of U.S journalist Daniel Pearl.71 In 2004, ter-

63 Gunmen Attack US Centre in Calcutta, BBC NEWS (Jan. 22, 2002), http://news.bbc.co.uk/2/ hi/south_asia/1774483.stm.

64 Id.65 Car Bomb Explodes Outside U.S. Embassy in Peru, Killing Nine, FOX NEWS (Mar. 21,

2002), http://www.foxnews.com/story/2002/03/21/car-bomb-explodes-outside-us-embassy-in- peru-killing-nine/.

66 Id.67 The Shining Path, established by Abimael Guzman in the 1960s, is an organization dedi-

cated to spreading pure Communism. They are involved in drug smuggling and other illicit activities and are responsible for the deaths of upwards of 30,000 Peruvian citizens.

68 Shining Path Rebel Sentenced in Bombing, CHI. TRIB. (Sept. 4, 2005), http://articles.chicagotribune.com/2005-09-04/news/0509040386_1_shining-path-visit-by-president-bush- embassy-three-days.

69 Suicide Attack At U.S. Consulate in Pakistan Kills At Least 11 , PBS NEWSHOUR (June 14, 2002), http://www.pbs.org/newshour/updates/asia-jan-june02-karachi_06-14/.

70 Id.71 Daniel Pearl was kidnapped on January 23, 2002, on his way to an interview with Sheikh

Mubarak Ali Gilani. Pearl, who held dual U.S.-Israeli citizenship was investigating the links between Richard Reid, the “Shoe Bomber,” and al-Qaeda. He was decapitated and mutilated in a gruesome video nine days later.


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rorists associated with Harkat ul-Mujahideen al-Almi, an Al-Qaeda-linked group, were arrested for participation in the Consulate bombing.72

8. October 28, 2002, Amman, Jordan: Laurence Foley, a senior American diplomat, was shot eight times at close range on the way to his car outside his home.73 Foley was in Amman to distribute U.S. aid to help the development of Jordan after he had been involved in similar projects throughout the world. The killing of Foley, serving as the Jordan Director of United States Agency for International Development (“USAID”), came as a shock to U.S. officials.74 In December of that year, two Al-Qaeda operatives confessed to carrying out the attack under the orders of Abu Musa’ab Al-Zarqawi, who later became the leader of Al-Qaeda.75

9. February 28, 2003, Karachi, Pakistan: Gunmen opened fire on numerous security positions guarding the U.S. Em- bassy in Karachi. The Embassy, relocated after the June 2002 suicide bombing, received enhanced security due to threats to U.S. diplomatic missions throughout the world. Two security guards were killed and six others were injured in the attack.76

10. March 2003, Europe: Protests against the U.S. invasion in Iraq often turned violent.77 In Vienna, protestors shot flares and attempted to break through the line of security forces guarding the U.S. Embassy. In Athens, on three separate occasions, protestors hurled rocks, paint, and other objects damaging the U.S. Embassy and destroying over fifty windows. In Nicosia, Cyprus a Molotov cocktail was tossed at the U.S. Embassy causing damage. In Ge- neva, protestors threw an assortment of rocks and incendi- ary objects at the U.S. Mission causing a fire. In Oslo,

72 Karachi Bomb ‘Bastermind’ Quizzed, BBC NEWS (Nov. 18, 2004), http://news.bbc.co.uk/2/ hi/south_asia/4021983.stm.

73 Neil MacFarquhar, Threats and Responses: Attack on U.S. Diplomat; American Envoy Killed in Jordan, N.Y. TIMES (Oct. 29, 2002), http://www.nytimes.com/2002/10/29/world/threats- and-responses-attack-on-us-diplomat-american-envoy-killed-in-jordan.html?pagewanted=1.

74 Id.75 Jordan: Al Qaeda Killed U.S. Diplomat, CNN (Dec. 14, 2002),

http://edition.cnn.com/2002/ WORLD/meast/12/14/jordan.killing/.76 Karachi Consulate Shooting Kills 2, CNN (Feb. 28, 2003), http://edition.cnn.com/2003/

WORLD/asiapcf/south/02/28/karachi.shooting/index.html?_s=PM:asiapcf.77 U.S. D.O.S. SIGNIFICANT ATTACKS AGAINST U.S. DIPLOMATIC FACILITIES

AND PERSONNEL 43–44 (Comm. Print 2014).


rocks and paint thrown during a protest outside the U.S. Embassy injured two police officers. Violent protests took place in many other locales throughout Europe as well as in Asia and Africa.78

11. October 15, 2003, Gaza, Palestinian Territories: An Amer- ican Convoy, on its way from the U.S. Embassy in Tel Aviv, was attacked by a roadside bomb just after crossing through the Erez Crossing into Gaza. The blast killed U.S security contractors John Branchizio, Mark Parson, and John Martin Linde and injured an additional agent. The vehicles had diplomatic license plates and were escorting diplomats who were on their way to deliver a speech about Fulbright scholarships to Palestinian students.79

12. March 2, 2004, Karachi, Pakistan: A suspicious van parked outside the U.S. Consulate in Karachi was found to con- tain 200 liters of liquid explosive material. The sophisti- cated explosive was inside a Suzuki van just fifteen feet from the exterior wall of the Consulate. The van belonged to an Iraqi student who was shot in the leg the night before during the robbery of his van. The plot, just like the previous attacks on the same consulate, is believed to have been conducted by Islamists, possibly with connec- tions to Al-Qaeda.80

13. July 30, 2004, Tashkent, Uzbekistan: A series of three bombings aimed at the U.S. and Israeli embassies, as well as the office of the chief prosecutor of Uzbekistan, killed two and injured at least five more. Both of those killed were security guards protecting the embassies. According to Uzbek government officials, Al-Qaeda affiliated groups perpetrated the bombings, which damaged the U.S. Embassy.81

14. December 6, 2004, Jeddah, Saudi Arabia: An all-out assault on the U.S. Consulate in Jeddah killed nine including

78 Id.79 John F. Burns & Greg Myre, U.S. Diplomatic Convoy in Gaza Is Attacked, Killing at Least

3, N.Y. TIMES (Oct. 15, 2003), http://www.nytimes.com/2003/10/15/international/middleeast/ 15CND-Gaza.html.

80 Jarrett Murphy, Bomb Found Near U.S. Consulate, CBS NEWS (Mar. 2, 2004), http://www.cbsnews.com/news/bomb-found-near-us-consulate/.

81 Susan B. Glasser, U.S., Israeli Embassies Hit In Uzbek Bomb Attacks, WASH. POST (July 31, 2004), http://www.washingtonpost.com/wp-dyn/articles/A26869-2004Jul30.html.


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five members of the Mission staff.82 The attackers, armed with explosives and machine guns, also killed four security contractors. Numerous other staff members were injured. The attackers attempted to take the staff hostage, and took down an American flag, before Saudi security forces opened fire killing three attackers and arresting a couple more.83 Over twenty Al-Qaeda terrorists received punish- ments ranging from long jail terms to death for participating in the attack.84

15. May 10, 2005, Tbilisi, Georgia: A live hand grenade was thrown at (then) President George W. Bush, who was speaking in a crowded square alongside the Georgian President. The grenade did not detonate because its trig- gering mechanism malfunctioned. The secret service was unaware of the incident until Georgian security officials recovered the grenade after Bush’s speech.85 On July 21, Vladimir Arutyunian was arrested by Georgian police and subsequently sentenced to life in prison for the attempted assassination of the U.S. President.86 During Arutyunian’s trial, it was determined the motivation for his attack was anti-imperialist; he viewed the Georgian government as a puppet of the United States.87

16. September 19, 2005, Mosul, Iraq: An IED exploded in a motorcade killing a member of the Diplomatic Regional Security along with three Blackwater security contractors employed by the State Department.88

17. February 6–19, 2006, Surabaya and Jakarta, Indonesia: About 200 protestors, objecting to cartoons depicting the Prophet Muhammad, gathered outside the Danish andU.S. Embassies. They proceeded to lob rocks, bottles, and

82 James Sturcke, Nine Killed as US Consulate in Jeddah Attacked, THE GUARDIAN (Dec. 6, 2004), http://www.theguardian.com/world/2004/dec/06/saudiarabia.usa.

83 Id.84 Angus McDowall, Jeddah U.S. Consulate Attacker Sentenced to Death, Others Jailed ,

REUTERS (Nov. 25, 2013), http://www.reuters.com/article/2013/11/25/us-saudi-trial-usa-idUSBRE 9AO04520131125.

85 Steven Lee Myers, Grenade Near Bush in Tbilisi Now Found to Be Live, N.Y. TIMES (May 19, 2005), http://query.nytimes.com/gst/fullpage.html?res=9F0CE1DF1739F93AA25756C0A9639 C8B63.

86 Georgian Jailed For Bush Attack, BBC NEWS (Jan. 11, 2006), http://news.bbc.co.uk/2/hi/ europe/4603802.stm.

87 Id.88 Sean McCormack, Death of State Department Contractors in Mosul, U.S. DEP’T STATE

(Sept. 22, 2005) http://2001-2009.state.gov/r/pa/prs/ps/2005/53878.htm.


other projectiles at the U.S. Embassy in Surabaya before being dispersed by policemen firing live-round warning shots.89 These protests continued for another two weeks and spread to the Indonesian capital of Jakarta. Angry protestors were “beating on the gate with sticks and pelt- ing the building with tomatoes, eggs and stones . . . shattering glass in the guard post and cracking fiberglass-like material in the gate.” A leader of the protests also incited the crowd by yelling, “This is not the last warning. This is only the beginning. There will be bigger actions against them . . . Suicide bombings! Prepare for a bomb.”90

18. March 2, 2006, Karachi, Pakistan: A suicide car bomber rammed his vehicle into an SUV approaching the U.S. Consulate. He then detonated his explosives directed at the Consulate and the adjacent Marriot Hotel. This attack killed four, including a U.S. diplomat, as well as injuring over fifty. This blast was so massive it “left a six-foot crater in the street, and hurled the three-ton armored SUV carrying the U.S. diplomat over a ten foot concrete barrier into the parking lot of the hotel.”91 Al-Qaeda is believed to be responsible for this attack because just days earlier the militant leader Matiur Rehman stated his group was planning a direct attack against the United States.92 This attack occurred just two days before (then) U.S. Pres- ident George W. Bush was scheduled to visit Pakistan.93

19. September 12, 2006, Damascus, Syria: Four armed Islamic militants stormed the American embassy shouting Allahu Akbar, armed with assault rifles and grenades and aided by car and truck bombs. This assault killed four and wounded thirteen, including a local security guard.94

89 Indonesia Cartoon Protests Spread, BBC NEWS (Feb. 6, 2006), http://news.bbc.co.uk/2/hi/ asia-pacific/4685102.stm.

90 Protesters Damage U.S. Embassy in Jakarta, THE AGE (Feb. 19, 2006), http://www.theage.com.au/news/world/protesters-damage-us-embassy-in-jakarta/2006/02/19/1140283944995.html.

91 Bill Roggio, U.S. Diplomat Murdered by Pakistani al Qaeda Suicide Bomber, LONG WAR

J. (Mar. 2, 2006), http://www.longwarjournal.org/archives/2006/03/us_diplomat_murdered.php.92 Maddy Sauer, Exclusive: New Al Qaeda Leader Planning Attack Against U.S., ABC

NEWS (Mar. 2, 2006), http://abcnews.go.com/WNT/story?id=1676096&page=1.93 Salman Masood, American Diplomat Is Killed in Blast Outside Karachi Consulate, N.Y.

TIMES (Mar. 2, 2006), http://www.nytimes.com/2006/03/02/international/asia/02cnd-stan.html.94 Rhonda Roumani, Four Armed Men Attack U.S. Embassy in Damascus, WASH. POST

(Sept. 13, 2006), http://www.washingtonpost.com/wp-dyn/content/article/2006/09/12/AR20060912 00345.html.


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20. December 6, 2006, Kandahar, Afghanistan: A suicide bomber affiliated with the Taliban detonated himself outside the United States Protection and Investigation compound as a group of employees were leaving. The attack killed eleven including “two American senior security coordinators, an Afghan escort manager, six armed guards and two drivers.”95 It was confirmed the Taliban commit- ted the attack when a spokesman, Qari Yousuf Ahmadi, called the Associated Press and claimed responsibility for the bombing.96

21. January 12, 2007, Athens, Greece: A far-left group named Revolutionary Struggle launched a rocket-propelled grenade at the U.S. Embassy. The projectile struck the third floor barely missing the U.S. Seal causing damages. The Greek Public Order Minister commented, “We believe it is a symbolic act . . . It is an attempt to disrupt our country’s international relations.“97

22. February 27, 2007, Batticaola, Sri Lanka: Multiple mortar rounds were shot by the Tamil Tigers98 at a diplomatic convoy of helicopters in the Eastern Province. As soon as the helicopters landed in the district they were attack by mortar fire injuring the U.S. and Italian Ambassadors along with seven Sri Lankan military personnel.99

23. April 14, 2007, Casablanca, Morocco: Two suicide bombers exploded themselves across the street from the U.S. Consulate-General and an American cultural center. An additional three were arrested before they could detonate their vests. No one besides the bombers were killed in the

95 Carlotta Gall, Two Americans Killed in Suicide Bomb in Afghanistan, N.Y. TIMES (Dec. 6, 2006), http://www.nytimes.com/2006/12/06/world/europe/06cnd-afghan.html.

96 Tucker Reals, Afghan Suicide Bomber Kills 2 Americans, CBS NEWS (Dec. 6, 2006), http:// www.cbsnews.com/news/afghan-suicide-bomber-kills-2-americans/.

97 Police: Blast at U.S. Embassy in Athens Is ‘Act of Terrorism’ , FOX NEWS (Jan. 12, 2007), http://www.foxnews.com/story/2007/01/12/police-blast-at-us-embassy-in-athens-is-act-terrorism.html.

98 Liberation Tigers of Tamil Eelam, referred to as the Tamil Tigers, was a militant organization dedicated to the creation of a separate state fort the Tamil people. The organization founded by Velupillai Prabhakaran in 1976 was defeated in 2009 by the Sri Lankan Military, ending the twenty-six year Sri Lankan Civil War.

99 Francie Grace, Sri Lanka Attack Wounds U.S. Ambassador, CBS NEWS (Feb. 27, 2007), http://www.cbsnews.com/news/sri-lanka-attack-wounds-us-ambassador/.


blast and it was later determined the two bombers were brothers who often associated with extremist elements.100

24. January 15, 2008, Beirut, Lebanon: A car bomb detonated as a U.S. Embassy vehicle passed in an incident that killed four, including two local Embassy staff members. The attack wounded scores of people.101

25. March 18, 2008, Sana’a, Yemen: Mortar rounds fired by militants at the U.S. Embassy missed their target and injured thirteen students at a nearby primary school. Yemeni soldiers guarding the Embassy were also wounded during the attack. Islamic Jihad of Yemen, a group associated with Al-Qaeda took credit for the attack.102

26. July 9, 2008, Istanbul, Turkey: Three Turkish nationals, armed with pistols and shotguns, launched a morning assault on the U.S. Consulate. The gunmen rushed the Con- sulate and were repelled by the first line of security. The attack resulted in the death of the three gunmen as well as three Turkish police officers.103 Both U.S. and Turkish officials, were quick to condemn this act as terrorism. In December 2008, Turkish officials officially charged Al- Qaeda members with planning the assault.104

27. September 17, 2008, Sana’a, Yemen: Islamic Jihad of Yemen perpetrated its second attack on the U.S. Embassy in Yemen within the same year. This time, terrorists equipped with a substantial arsenal including RPG’s, assault rifles and grenades and dressed as policemen attacked the Embassy’s outer security ring and tried to penetrate the walls with a car bomb.105 The attack resulted in the deaths of six policemen, six militants, and six civilians. No American Embassy staff was killed or

100 Tucker Reals, Police Prevent Moroccan Bomb Blast, CBS NEWS (Apr. 14, 2007), http:// www.cbsnews.com/news/police-prevent-moroccan-bomb-blast/.

101 James Orr, Four Dead in Attack on U.S. Embassy Vehicle in Lebanon, THE GUARDIAN

(Jan. 15, 2008), http://www.theguardian.com/world/2008/jan/15/syria.lebanon.102 13 hurt in Yemen Attack; U.S. Embassy Thought Target , CNN (Mar. 18, 2008), http://edi-

tion.cnn.com/2008/WORLD/meast/03/18/yemen.blast/.103 Darren Butler & Paul De Bendern, Three police, 3 Gunmen Killed at U.S. Istanbul Mis-

sion, REUTERS (July 9, 2008), http://www.reuters.com/article/2008/07/09/us-turkey-usa-attack- idUSIST00213320080709.

104 For archived podcast records, visit the Voice of America website, http://www.voanews.com/english/2008-12-17-voa29.cfm.

105 Massoud A. Derhally & Camilla Hall, U.S.’s Yemen Embassy Attacked by Militants; 16 Killed, BLOOMBERG (Sept. 17, 2008), http://www.bloomberg.com/apps/news?pid=newsarchive& sid=afHE5JQEJyII&refer=home.


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wounded; however an American woman recently married to a Yemenite man was killed.106 In response to the attack, Yemeni officials arrested thirty members of Al- Qaeda.107

28. April 20, 2009, Baqubah, Iraq: A suicide bomber dressed in a military uniform was “waiting for [Americans] to ar- rive” and blew himself up when State Department members showed up to meet with city officials. The explosion resulted in the deaths of four Americans and twelve Iraqis. A website run by the Islamic State of Iraq later took credit for the attack.108

29. October 25, 2009, Baghdad, Iraq: Two truck bombs exploded in central Baghdad, right outside the Ministry of Justice killing nearly 150 and wounding more than 700. Amongst the dead were five State Department employees. This followed a trend by Sunni militant and Al-Qaeda of attacking institutions of the weak Iraqi government including bombing of the Foreign and Finance ministries.109 It became clear that Al-Qaeda was responsible for this de- struction when on March 11, 2010 Munaf Abdul Rahim al- Rawi, a senior member of Al-Qaeda, was arrested by police and charged with masterminding the bombings.110 In 2009, over forty additional attacks targeting U.S. diplomats and missions were reported in Iraq alone.111

30. October 29, 2009, Managua, Nicaragua: In protest of remarks made by the U.S. Ambassador to Nicaragua, Rob- ert J. Callahan, criticizing a Supreme Court ruling, thousands of protesters converged on the U.S. Embassy in

106 Ellen Knickmeyer, Toll in Yemen Rises, Includes American, WASH. POST (Sept. 19, 2008), http://www.washingtonpost.com/wp-dyn/content/article/2008/09/18/AR2008091800557.html?hpid=sec-world.

107 Yemen: 30 Are Arrested After Attack on U.S. Embassy, N.Y. TIMES (Sept. 18, 2008), http:// www.nytimes.com/2008/09/19/world/middleeast/19briefs-30AREARRESTE_BRF.html?ref= world&_r=0.

108 Steven Lee Myers, Bomber Attacks G.I.’s Meeting With Baquba Officials, N.Y. TIMES

(Apr. 20, 2009) http://www.nytimes.com/2009/04/21/world/middleeast/21iraq.html.109 Martin Chulov, Car bombs kill 147 in Iraq as militants target official buildings ahead of

election, THE GUARDIAN (Oct. 25, 2009) http://www.theguardian.com/world/2009/oct/25/iraq-car- bombs-baghdad.

110 Jomana Karadsheh, Al Qaeda commander: How I planned Iraq attacks, CNN (May 20, 2010) http://edition.cnn.com/2010/WORLD/meast/05/20/iraq.al.qaeda/index.html?hpt=T2.

111 BUREAU OF DIPLOMATIC SECURITY, UNITED STATES DEPARTMENT OF STATE, SIGNIFI-

CANT ATTACKS AGAINST U.S. DIPLOMATIC FACILITIES AND PERSONNEL: 1998–2013 25 (2014),http://www.state.gov/documents/organization/225846.pdf.


the capital city of Managua.112 The protestors, armed with rocks, glass bottles, and improvised explosives assaulted the embassy for an entire day. The security team didn’t succeed in dispersing the protestors who vandalized and damaged the Embassy and its security systems.113 The local police used tear gas but did not use force in their feeble attempt to disperse the violent crowd. No Embassy workers were injured in the attack.114

31. January 30, 2010, Adana, Turkey: Gunmen attacked theU.S. Consulate in Adana, a city in southern Turkey. No one was injured in the barrage fired at the Consulate and an adjacent guard post. Al-Qaeda operatives were arrested in connection with the attack.115

32. April 5, 2010, Peshawar, Pakistan: A Taliban orchestrated all-out assault on the U.S. Consulate in the large Pakistani city Peshawar killed seven, among them members of a security agency hired to protect the Consulate.116 The attackers utilized suicide bombers, rocket launchers, grenades, and machine guns against the Consulate.117 Se- curity forces succeeded in preventing the penetration of the outer perimeter, and all of the terrorists were killed outside the walls. Two of the attackers corpses were found with live explosive vests still attached to their bodies.118

33. July 22, 2010, Baghdad, Iraq: A rocket attack on the Inter- national Green Zone,119 which houses the United States Embassy and other diplomatic missions, killed three and

112 Nicaraguans Protest Remarks by U.S. Envoy, N.Y. TIMES (Oct. 30, 2009), http://www.nytimes.com/2009/10/30/world/americas/30WebNicaragua.html.

113 Id.114 Id.115 Turkish Police Arrest Six After Shots Fired at U.S. Consulate in Adana , HURRIYET DAILY

NEWS (Feb. 4, 2010), http://www.hurriyetdailynews.com/default.aspx?pageid=438&n=turkish-police-arrest-six-after-shots-fired-at-us-consulate-2010-02-04.

116 7 Including 3 Foreigners Killed in Attack on U.S. Consulate in Pakistan’s Peshawar , XINHUA NEWS AGENCY (Apr. 5, 2010), http://news.xinhuanet.com/english2010/world/2010-04/ 05/c_13238131.htm.

117 Ismail Khan and Sabrina Tavernise, U.S. Consulate in Pakistan Attacked by Militants, N.Y. TIMES (Apr. 5, 2010) http://www.nytimes.com/2010/04/06/world/asia/06pstan.html?hp.

118 Id.119 The International Zone of Baghdad also referred to as the “Green Zone,” is a heavily

fortified area that houses the U.S., British, and Australian Embassies as well as many other diplomatic and government facilities. The area was captured by the U.S. in 2003 and has been the site of non-stop attacks since then.


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injured fifteen.120 The victims were all employees of aU.S. security contractor, and two Americans were among the injured. The attack took place under two months after the U.S. started handing over control to Iraq and with- drawing troops.121 Although no one claimed responsibility for the attack, it is similar to other rocket attacks on the Green Zone just one year earlier by Asa’ib Ahl al-Haqq (“AAH”).122 AAH is funded and trained by the Iranian Revolutionary Guards and Hezbollah.123 This attack was the most significant of the approximately fifty attack targeting U.S. interests in Iraq in 2010.124

34. 2011, Iraq: Over the course of 2011, the U.S. Embassy sustained over thirty-five attacks against its’ facilities and diplomats.125 The attacks included shootings, bombings, rocket-propelled grenades, and other methods. Fortu- nately, there were limited injuries and no fatalities in the attacks although there were many near disasters and close calls.126

35. May 1, 2011, Tripoli, Libya: In response to a NATO airstrike that killed the son of Libyan leader Moammar Gadhafi, government-sponsored thugs ransacked the embassies of numerous countries.127 The mob raided, burned, and looted the abandoned U.S. Embassy and adjacent offices in the Libyan capital Tripoli. The embassies of France, Britain, and Italy, additional members of NATO, were destroyed as well.128

36. May 20, 2011, Peshawar, Pakistan: A suicide bombing directed at a U.S. Consulate Convoy killed one and

120 Three Contractors Killed in Green Zone Rocket Attack, ZEE NEWS (July 22, 2010), http:// zeenews.india.com/news/world/three-contractors-killed-in-green-zone-rocket-attack_642961.html.

121 Id.122 Asa’ib Ahl al-Haqq, Mapping Militant Organizations, STANFORD U. (last updated Aug.

29, 2014), http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/143.123 Id.124 BUREAU OF DIPLOMATIC SECURITY, UNITED STATES DEPARTMENT OF STATE, SIGNIFI-


125 Id. at 14–19.126 Id.127 Gunners Pound Rebels, Embassies Sacked After Gadhafi’s Son Said Killed, CNN (May 1,

2011), http://edition.cnn.com/2011/WORLD/africa/05/01/libya.war/.128 Id.


wounded ten others.129 The armored vehicles, one of which was destroyed, absorbed most of the blast although two of the injured were passengers. Taliban claimed responsibility for the attack that was intended to avenge the May 2 killing of Al-Qaeda leader Osama Bin Laden in a compound in Abbottabad, Pakistan.130

37. August 13, 2011, Lahore, Pakistan: Warren Weinstein, a veteran U.S. aid worker was kidnapped after a group of 8 men, under the guise of offering his guards a Ramadan meal, stormed his house and took him hostage.131 Wein- stein, who was sixty-nine at the time, was employed by a private U.S. company hired by the U.S. government for a development project in Pakistan.132 Weinstein, along with his captors and an additional hostage, was killed in a Janu- ary 14, 2015 U.S. airstrike targeting Al-Qaeda leadership.133

38. September 2011, Kabul, Afghanistan: U.S. interests in Af- ghanistan were struck by a series of attacks in 2011. A January 12 launching of a RPG at a U.S. Embassy vehicle injuring an Embassy driver134 and a June 6 shooting at aU.S. Embassy helicopter that injured a U.S. agent were two of these attacks.135 The most severe attacks occurred on September 13 with an onslaught that froze the capital for nineteen hours.136 The Taliban attack, focused on theU.S. Embassy and the adjacent NATO building, killed seven and injured nineteen through the use of suicide bombers, assault rifles, and IEDs. On September 25, an Afghan security contractor opened fire inside the U.S.

129 Pakistan Taliban Bomb U.S. Consulate Convoy in Peshawar, BBC NEWS (May 20, 2011), http://www.bbc.com/news/world-south-asia-13465910.

130 Id.131 Rameez Khan, Pre-dawn abduction: American ‘aid expert’ kidnapped in Lahore,

EXPRESS TRIB. (Aug. 14, 2011) http://tribune.com.pk/story/230576/us-citizen-kidnapped-in-lahore/.

132 U.S. Aid Official Kidnapped in Pakistan, AL JAZEERA (Aug. 13, 2011), http://www.al- jazeera.com/news/asia/2011/08/201181311749660529.html.

133 Warren Weinstein, Md. Man Held By Al Qaeda, Killed in U.S. Strike , NBC WASH. (Apr. 23, 2015), http://www.nbcwashington.com/news/local/Md-Man-Held-Hostage-by-Al-Qaida-Acci- dentally-Killed-in-Counterterrorism-Operation-301055001.html.

134 Id.135 Id.136 Alissa J. Rubin, Ray Rivera & Jack Healy, U.S. Embassy and NATO Headquarters At-

tacked in Kabul, N.Y. TIMES (Sept. 13, 2011), http://www.nytimes.com/2011/09/14/world/asia/ 14afghanistan.html.


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Embassy Annex in Kabul killing an American employee and wounding another.137

39. 2012, Iraq: The steady number of attacks on U.S. interests continued with the frequent targeting of diplomatic facilities. The U.S. Consulate in Kirkuk was targeted in forty- one mortar and other indirect-fire138

attacks.139 A Sep- tember 10 shooting against a U.S. Embassy helicopter in Baghdad didn’t result in any injuries.140

40. April 15, 2012, Kabul, Afghanistan: The Taliban launched a series of coordinated attacks directed at Western and NATO interests as well as local government offices in the capital and surrounding areas. The attacks primarily targeted diplomatic compounds including the U.S., Ger- man, British, Russian, and Japanese embassies.141 A total of nineteen insurgents, including suicide bombers, were killed in the attacks.142

41. September 11, 2012, Benghazi, Libya: On the eleventh an- niversary of the World Trade Center Attacks, and amidst violent demonstrations throughout the world, terrorists stormed the U.S. Consulate in the second largest city in Libya. Protesters against the release of a film trailer titled “The Innocence of Muslims,” which presents a degrading depiction of the Prophet Muhammad, attacked diplomatic missions in Yemen, Egypt, Libya, Sudan, Iran, Ban- gladesh, Tunisia, and many other countries.143 In Libya, the rioters, later revealed by a Senate Committee report to have links to Al-Qaeda and other terrorist organizations, attacked the U.S. Temporary Mission Facility and the nearby CIA Annex, killing four U.S. citizens and injuring

137 U.S. Citizen Killed in Kabul Embassy CIA Annexe, RFI ENGLISH (Sept. 26, 2011), http:// www.english.rfi.fr/asia-pacific/20110926-us-citizen-killed-cias-embassy-annexe.

138 An attack in which there is no direct line of sight between the weapon and its target. The most common examples of weapons in which indirect-fire is employed are mortars, artillery shells, and naval fire.

139 BUREAU OF DIPLOMATIC SECURITY, UNITED STATES DEPARTMENT OF STATE, SIGNIFI-


140 Id.141 Attacks Rock Kabul, Taliban Claims ‘Spring Offensive’, ABC NEWS (Apr. 15, 2012), http:/

/www.abc.net.au/news/2012-04-15/rockets-fired-at-kabul-british-embassy/3951418.142 Id.143 Mohammed Ghobari & Edmund Blair, U.S. Embassies Attacked in Yemen, Egypt After

Libya Envoy Killed, REUTERS (Sept. 14, 2012), http://www.reuters.com/article/2012/09/14/us-protests-idUSBRE88C0J320120914.


numerous others.144 The report also found that the attack was likely opportunistic and not related to the film protests taking place at the time.145 Among the dead wereU.S. Ambassador Christopher Stevens and information officer Sean Smith, as well as security contractors, former Navy SEALS Glen Doherty and Tyrone Woods.146 Am- bassador Stevens, 52, was the first ambassador killed in a terrorist attack since the 1979 kidnapping and execution of Ambassador Adolph Dubs in Afghanistan by the Palestin- ian Liberation Organization (“PLO”).147 Earlier in the year, on April 6 and June 6, IEDs were projected at theU.S. Temporary Mission Facility.148 On June 22, 2015, the Pentagon announced the killing of Ali Ani al-Harzi, an ISIS member previously affiliated with Al-Qaeda accused of participating in the Benghazi Attack.149

42. October 11, 2012, Sana’a, Yemen: A Yemeni national, tasked by the U.S. Embassy to investigate the storming of the Mission during protests the month before, was killed in a shooting on his way to work.150 The attack came after an Al-Qaeda call to attack U.S. embassies and was similar to previous attacks perpetrated by the terrorist group.151

43. February 1, 2013, Ankara, Turkey: A suicide bombing in the U.S. Embassy in the Turkish capital Ankara, claimed the life of a security guard and injured three other by- standers.152 The attack was orchestrated by the Revolu-

144 S. SEL. COMM. ON INTELLIGENCE, 113TH CONGRESS, REV. OF THE TERROR- IST ATTACKS ON U.S. FACILITIES IN BENGHAZI, LIBYA, SEPTEMBER 11–12, 2012, at 40 (COMM. PRINT 2014).

145 Id.146 Gretel C. Kovach, Debbi Baker & Nathan Max, Two SEAL Vets from SD Killed in Libya,

SAN DIEGO UNION TRIB. (Sept. 13, 2012), http://www.utsandiego.com/news/2012/sep/13/libya- embassy-victim-encinitas/.

147 Margaret Coker, Adam Entous & Julian E. Barnes, Libya Attack Sparks Crisis, WALL ST. J. (Sept. 13, 2012), http://www.wsj.com/articles/SB10000872396390444426404577647060576633348.

148 S. SEL. COMM. ON INTELLIGENCE, supra note 144, at 13.149 Pentagon Says ISIS-linked Suspect in Benghazi Attack Killed in Airstrike, FOX NEWS (June

23, 2015), http://www.foxnews.com/politics/2015/06/23/pentagon-says-isis-linked-suspect-in-benghazi-attack-killed-in-airstrike/.

150 Iona Craig, Yemen Security Officer at U.S. Embassy Killed in Sanaa, USA TODAY (Oct. 11, 2012), http://www.usatoday.com/story/news/world/2012/10/11/yemen-security-chief-us-embassy/1626399/.

151 Id.152 U.S. Condemns Ankara Embassy Bombing, AL JAZEERA (Feb. 2, 2013), http://www.al-

jazeera.com/news/africa/2013/02/20132263941939393.html.


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tionary People’s Liberation Front153 after a crackdown by the Turkish government resulted in the arrest of eighty- five members of the group.

44. April 6, 2013, Zabul Province, Afghanistan: While accom- panying the Governor of the Zabul Province on a trip to deliver donated books to a local school, a suicide bombing took the lives of eight members of his entourage.154 Among the dead were a U.S. State Dept. Foreign Services Officer and an employee of the Department of Defense, as well as three additional U.S. service members. The attack, claimed by the Taliban, also killed a doctor and two members of the Governor’s security team.155

45. September 13, 2013, Herat, Afghanistan: An international security force engaged in an intense gun-battle with suicide-vest wearing Taliban terrorists attempting to infiltrate the U.S. Consulate in the Afghani capital.156 The security team managed to hold off the militants but sustained three deaths and multiple injuries during the assault. None of the victims were American.

46. January 2014, Tel Aviv, Israel: Israeli authorities arrested a three-man Al-Qaeda cell operating in Israel. The group planned attacks on the U.S. Embassy in Tel Aviv, and the International Convention Center in the capital.157 The men were found to have bomb-making instructions and had participated in previous attacks. Al-Qaeda affiliated operatives in Gaza have an agreement with Hamas allowing them to attack Israel so long as they don’t provoke an Israeli response.158

153 Revolutionary People’s Liberation Front or Devrimci Halk Kurtulus¸ Partisi-Cephesi in Turkish (DHKP/C), is an anti-U.S. and anti-Western organization that aims to ‘free’ the Turkish government of American influence. Since its founding in 1978 the group has carried out terrorist attacks to promote its Marxist-Leninist ideology.

154 Azam Ahmed, Five Killed in Year’s Deadliest Attack on Americans in Afghanistan, N.Y. TIMES (Apr. 6, 2013), http://www.nytimes.com/2013/04/07/world/asia/afghan-suicide-attack-kills- 5-americans.html.

155 Id.156 Sharon Behn, Taliban Militants Attack U.S. Consulate in Afghanistan, VOICE AM. NEWS

(Sept. 13, 2013), http://www.voanews.com/content/afghan-militants-strike-us-consulate/1748890.html.

157 Yonah Jeremy Bob, Suspected Al-Qaida Members Indicted for Plotted Terrorist Bombings in Jerusalem, U.S. embassy, Jerusalem Post (Jan. 28, 2014), http://www.jpost.com/Defense/Sus- pected-al-Qaida-members-indicted-for-plotted-terrorist-bombings-in-Jerusalem-US-embassy- 339614.

158 Id.


47. February 10, 2014, Peshawar, Pakistan: Faisal Saeed, a Pakistani native employed by the U.S. Consulate in Pe- shawar, was shot and killed on his way home from work.159 The killers did not take any of his belongings, leading authorities to believe it was a targeted assassination.160

48. September 27, 2014, Sana’a, Yemen: An anti-tank rocket aimed at the U.S. Embassy in the Yemeni capital exploded nearby injuring two guards.161 An Al-Qaeda linked group claimed responsibility for the attack.

49. October 2014, Baghdad, Iraq: On three separate occasions mortars were fired within the International Green Zone. ISIS announced their successful firing of four mortars within the Green Zone on October 21, and is believed to have fired the rockets earlier in the month as well.162 This comes on the heels of a July announcement in which ISIS promised to bomb every U.S. Embassy in the world if theU.S. would attack Iraq.163 The U.S. began airstrikes against ISIS targets during August 2014.164

50. March 5, 2015, Seoul, South Korea: Mark Lippert, U.S. Ambassador to South Korea, was slashed across the face and left arm by an anti-American activist.165 Lippert was on his way home from a conference on the reunification of North and South Korea.166 The scarred Ambassador was released from the hospital after five days and his attacker was later charged with attempted murder.167

159 Haq Nawaz Khan & Tim Craig, U.S. Consulate Employee Killed by Gunmen in Pakistan, Officials Say, WASH. POST (Feb. 10, 2014), http://www.washingtonpost.com/world/us-consulate- employee-killed-by-gunmen-in-pakistan-officials-say/2014/02/10/9f0281e8-9286-11e3-84e1-27626 c5ef5fb_story.html.

160 Id.161 Reuters, Yemeni Rebels Fire at U.S. Embassy, N.Y. TIMES (Sept. 27, 2014), http://www

.nytimes.com/2014/09/28/world/middleeast/yemeni-rebels-attack-officials-home.html.162 Nathan Francis, Isis Claims It Hit U.S. Embassy In Attack On Baghdad Green Zone, IN-

QUISITR (Oct. 21, 2014), http://www.inquisitr.com/1554407/isis-claims-it-hit-u-s-embassy-in-attack-on-baghdad-green-zone/.

163 Scott Campbell, Isis Threaten to Plant Bombs at ‘Every American Embassy’ , EXPRESS

(July 6, 2014), http://www.express.co.uk/news/world/487004/Isis-Bomb-American-Threat-Ameri- can-USA-Embassy-Iraq.

164 Dion Nissenbaum & Julian E. Barnes, U.S. Launches Airstrikes in Iraq, WALL ST. J. (Aug. 8, 2014), http://www.wsj.com/articles/u-s-planes-start-airstrike-on-iraq-militants-1407503573.

165 Guy Taylor & John Solomon, Attacker in South Korea Slashes U.S. Ambassador’s Face, WASH. TIMES (Mar. 4, 2015), http://www.washingtontimes.com/news/2015/mar/4/mark-lippert- us-ambassador-south-korea-attacked/?page=all.

166 Id.167 Reuters, South Korea Charges Attacker of U.S. Envoy Mark Lippert with Attempted Mur-

der, TELEGRAPH (Apr. 1, 2015), http://www.telegraph.co.uk/news/worldnews/asia/southkorea/


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51. January 2015–Present: ISIS has turned the attacking of diplomatic missions into a priority, stepping up attacks on embassies and consulates, in the Middle East and throughout the world. ISIS has attacked South Korean,168 Ira- nian,169 Moroccan,170 Spanish,171 U.S. and U.N.172 diplomatic interests in Libya, Iraq, and Egypt. ISIS carried out an April 17 car bomb outside the U.S. Consulate in Erbil, Iraq.173 The attack killed three but did not harm any Consulate staff.174 ISIS affiliates’ and sympathizers’ attempts to attack U.S. Missions in Toronto, Canada175 and Riyadh, Saudi Arabia176 were foiled by local authorities. Additionally, Turkish intelligence sources issued a warning that ISIS was planning attacks against Western embassies throughout the country177 and revealed that

11508644/South-Korea-charges-attacker-of-U.S.-envoy-Mark-Lippert-with-attempted-murder.html.

168 Adam Withnall, Libya Embassy Shooting: ‘Isis’ Gunmen Launch Deadly Attack on Ko- rean Embassy in Tripoli, INDEPENDENT (Apr. 12, 2015), http://www.independent.co.uk/news/ world/africa/libya-embassy-shooting-isis-gunmen-launch-deadly-attack-on-korean-embassy-in- tripoli-10170483.html.

169 AP, ISIS Supporters Claim Responsibility for Attack on Iranian Diplomat’s Home, CBS NEWS (Feb. 22, 2015), http://www.cbsnews.com/news/blast-does-damage-to-home-of-iranian-ambassador-in-libya/.

170 ISIS Loyalists Claim Responsibility for Embassy Attacks in Libya , NBC NEWS (Apr. 13, 2015), http://www.nbcnews.com/storyline/isis-terror/isis-loyalists-claim-responsibility-libya-attacks-n340461.

171 ISIS Claims Attack on Spanish Embassy in Libya, AL-ARABIYA NEWS (Apr. 21, 2015), http://english.alarabiya.net/en/News/middle-east/2015/04/21/Bomb-explodes-outside-Spanish- embassy-in-Libya.html.

172 Edwin Mora, ISIS Affiliate Fires Rocket into Egyptian Airport Used by UN Peacekeepers , BREITBART (June 10, 2015), http://www.breitbart.com/national-security/2015/06/10/isis-affiliate- fires-rocket-into-egyptian-airport-used-by-un-peacekeepers/.

173 Polly Mosendz, ISIS Claims Responsibility for Car Bombing Outside U.S. Consulate in Iraq, NEWSWEEK (Apr. 17, 2015), http://www.newsweek.com/isis-claims-responsibility-car-bombing-outside-us-consulate-iraq-323061.

174 Id.175 Stewart Bell, ISIS Sympathizer Arrested after Plotting to Bomb U.S. Consulate in To-

ronto: CBSA, NAT’L POST (Mar. 11, 2015), http://news.nationalpost.com/news/canada/isis-sympathizer-arrested-after-plotting-to-bomb-u-s-consulate-in-toronto-cbsa.

176 James Rosen, Saudi Arabia Arrest 93 Terror Suspects, Foils Car Bomb Plot on U.S. Em- bassy, FOX NEWS (Apr. 29, 2015), http://www.foxnews.com/world/2015/04/29/saudi-arabia-arrest- 3-terror-suspects-foils-car-bomb-plot-on-us-embassy/.

177 Fevzi Kizilkoyun, Intelligence: ISIL Could Hit Embassies in Turkey, HURRIYET DAILY

NEWS (Feb. 19, 2015), http://www.hurriyetdailynews.com/intelligence-isil-could-hit-embassies-in turkey.aspx?pageID=238&nID=78545&NewsCatID=359.


ISIS had already surveyed the buildings to formulate an attack strategy.178

The examples listed here are just a sampling of the attacks perpetrated against U.S. diplomatic interests. The cases above demonstrate that members of Islamic terrorist organizations execute most of the attacks, especially when it comes to deadly ones. With the proliferation of ISIS and the global increase in terrorism, the situation is not improving and creative solutions must be found. In fact, a London-based organization, the Institute for Economics and Peace, found that there has been a five-fold increase in terrorism-linked deaths around the world from 2000 to 2013.179 They also concluded that ISIS, Al-Qaeda, Taliban, and Boko Haram are responsible for two-thirds of total terrorism-related fatalities around the globe.180

V. SOLUTIONS AND RESPONSES

A variety of solutions to the growing problem have been proposed and will be offered here. Some of the ideas are blanket solutions and some should be analyzed and applied on a case-by-case basis. The suggestions ultimately encourage the employment of non-violent, diplomatic measures to resolve conflict amongst nations, and move optimally toward peaceful and collaborative international relations. Very recently, the Benghazi Attacks have sparked renewed interest in orienting solutions to the threat posed to U.S. missions around the world. In reviewing said attacks, Con- gress commissioned thirteen hearings, held over fifty briefings, and published over 25,000 pages.181 A September 2014 report by the Center for American Progress covering attacks against U.S. diplomats over the last forty years found that more than forty percent of congressional hearings were made in exclusive response to the Benghazi incident.182 Ideas, findings, and recommendations from

178 Yu ksel Temel, Intelligence Uncovers ISIS Plot to Attack Consulates, DAILY SABAH (Jan. 25, 2015), http://www.dailysabah.com/nation/2015/01/25/intelligence-uncovers-isis-plot-to-attack- consulates.

179 Global Terrorism on Rise: Fivefold Increase in Terror-Related Deaths Since 2000, RT (Nov. 18, 2014), http://rt.com/news/206475-terrorism-increase-report-deaths/.

180 Id.181 John Bresnahan, Lauren French & Jake Sherman, Mission Improbable: Trey Gowdy Gets

into Benghazi, POLITICO (May 4, 2014), http://www.politico.com/story/2014/05/mission-improbable-trey-gowdy-gets-into-benghazi-106326.html.

182 Lilly, supra note 1.


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these reports will help us formulate several strategies and solutions, a sizable selection of which have been divulged in three sec- tions below: (A) Improved Security; (B) Closing or Reassigning of Missions; and (C) Red Lines and Accountability.

A. Improved Security

On September 11, 2012, four Americans were killed in an organized attack on a U.S. diplomatic mission in Benghazi, Libya. An independent investigation conducted into the attack determined that military intervention on behalf of the U.S. would not have prevented American deaths.183 Non-violent security improve- ments to fulfill the mission’s most urgent needs were thus proposed immediately after the attack, exceeding 1.4 billion dollars in spend- ing.184 A report prepared by the Congressional Research Service analyzing security at U.S. embassies in the immediate aftermath of the Benghazi Attacks paints a clear picture of the defensive measures employed by diplomatic missions.185 The report lists three different groups of security agents employed at the Benghazi Mis- sion during the attack. The first group was unarmed members of a private British security firm tasked with basic inspection duties. These members carry no weapons, as Libya banned armed private security contractors due to the abuse suffered at their hands under fallen dictator Moammar Gadhafi.186 The second set was called the February 17 Militia. Under terms of the Vienna Convention, host countries are required to provide security and safety to foreign missions. In Libya, due to the turmoil and decentralized government, a local, newly formed Militia was tasked with providing the Benghazi Mission with protection. Both the abilities and loyalties of the Militia are called into question by a Senate report that found they refused to provide cover fire to a rescue team that arrived to

183 Eric Schmitt, U.S. Takes Steps to Add Security to Embassies, N.Y. TIMES (May 20, 2013), http://www.nytimes.com/2013/05/21/us/politics/after-benghazi-us-pressing-ahead-on-security-up- grades.html?_r=0.

184 Id.185 ALEX TIERSKY & SUSAN B. EPSTEIN, CONG. RESEARCH SERV., R42834, SE-

CURING U.S. DIPLOMATIC FACILITIES AND PERSONNEL ABROAD: BACK- GROUND AND POLICY ISSUES (2012).

186 David Rohde, Benghazi’s Lesson: Diplomacy Can’t Be Done on the Cheap , THE ATLAN-

TIC (Nov. 17, 2012), http://www.theatlantic.com/international/archive/2012/11/benghazis-lesson- diplomacy-cant-be-done-on-the-cheap/265380/.


evacuate the diplomats from the Benghazi compound.187 The most reliable security team was the U.S. DS, or Diplomatic Security (“DS”) agents. There were a total of five DS service members at the time although they admitted to not having fired a single shot the entire confrontation, in part because their weapons were lo- cated in a separate building and because they were far outnum- bered.188 The Senate report also notes that there was no Marine detachment nearby and that the facility, although secure, was temporary in nature and did not employ the highest standards used by newer U.S. embassies.189

In response to the hearings, numerous positive developments have been reported. DS agents now undergo a three-day intensive training course in a mock city in Virginia during which they are faced with a variety of attacks and violent situations.190 The U.S. approved the deployment of additional Marines to protect diplomatic missions throughout the world.191 Presidential candidate and former Secretary of State, Hillary Clinton called for the diversion of an additional 1.3 billion dollars to protect U.S. diplomatic missions abroad.192

No doubt, the security situation surrounding diplomatic missions is still far from perfect. Many of the recommendations have not come into fruition and attacks on diplomatic missions continue. A report prepared by the State Department’s Office of Inspector General found that, out of fifty diplomatic posts designated to receive additional Marine guards, just half of the posts were actually provided with reinforcements.193 An audit by the same office found that not a single one of the six private security contractors reviewed complied with the thorough vetting process that they are

187 S. SEL. COMM. ON INTELLIGENCE, supra note 144, at 6.188 Id. at 4–6.189 Id.190 The $80m ‘fantasy Middle East’ City in Virginia Where U.S. Recruits are Training to

Pre- vent Another Benghazi, THE TELEGRAPH (Nov. 11, 2014), http://www.telegraph.co.uk/news/ worldnews/northamerica/usa/11222830/The-80m-fantasy-Middle-East-city-in-Virginia-where- U.S.-recruits-are-training-to-prevent-another-Benghazi.html.

191 Ramsey Cox, Senate Passes Amendment Allowing More Marines at U.S. Consulates, Em- bassies, THE HILL (Nov. 28, 2012) http://thehill.com/blogs/floor-action/senate/269873-senate- passes-amendment-allowing-more-marines-at-us-consulates-embassies.

192 Spencer Ackerman, Blackwater Wins the Battle of Benghazi, WIRED (Dec. 20, 2012), http:/

/www.wired.com/2012/12/benghazi-contractors/.193 More Marines Needed for U.S. Embassy Security, Report Finds, CBS NEWS (Sept. 18,

2014), http://www.cbsnews.com/news/more-marines-needed-for-u-s-embassy-security-report- finds/.


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contractually obligated to fulfill.194 This issue has recently been highlighted with the June 9, 2015 arrest of a security contractor at the U.S. Embassy in Cairo for his participation in many attacks against security forces and high rank in the Helwan Brigades, a Muslim Brotherhood-affiliated terrorist organization.195 But there are, of course, suggestions for the continued alleviation of these problems, and solutions for a potential eradication of it.

In the Author’s opinion, the most effective solutions to these continued problems are non-violent, recuperative, and peace- building efforts that seek to resolve, rather than to aggravate, international diplomatic conflict. Some suggestions include the appro- priation of additional funding for embassy security and better oversight of security procedures and their implementation. Depu- ties and consulates in dangerous bases must receive sufficient ex- ternal attention. The U.S. must reconsider deployment procedures to “increase the number of experienced and well-trained personnel serving in high-risk posts, and to reduce the high turnover rate that the panel identified as a problem.”196 Training of personnel must be better and more consistently funded; and retired personnel must be rehired to fill critical staffing gaps.

While the flurry of Congressional reports have recommended and even provided funding for many of the aforementioned ad- vancements, still many have yet to be realized. The Department of Diplomatic Security must do more to ensure compliance. William Young, a senior RAND policy analyst, recommends the installation of and investment into advanced technologies to improve protections and warnings and perhaps even reduce costs.197 The U.S. may be well served in following the cue of India in employing the services of its close ally, Israel, in the training of diplomatic security agents.198

194 Colleen McCain Nelson, Audit Finds New Embassy Security Deficiencies, WALL STREET

JOURNAL (June 13, 2014) http://www.wsj.com/articles/audit-finds-new-embassy-security-deficiencies-1402663852.

195 Jamie Dettmer, Security Guard at U.S. Embassy in Egypt Arrested as a Terrorist , THE

DAILY BEAST (June 10, 2014) http://www.thedailybeast.com/articles/2015/06/10/security-guard- at-u-s-embassy-in-egypt-arrested-as-a-terrorist.html.

196 Schmitt, supra note 183.197 William Young, Building a More Secure American Embassy, U.S. NEWS & WORLD REP.

(Sept. 4, 2013), http://www.usnews.com/opinion/blogs/world-report/2013/09/04/after-closures- how-to-reform-us-embassy-security.

198 Hakeem Irfan, Israel ‘Ready to Train Security Force to Protect Foreign Diplomats’, DAILY MAIL INDIA (Feb. 3, 2013), http://www.dailymail.co.uk/indiahome/indianews/article-2272929/ Israel-ready-train-security-force-protect-foreign-diplomats.html.


B. Closing or Reassigning of Missions

Though increased security has proven and continues to be an effective peace-building effort, the closure and reassignment of missions when adequate security is not possible, if employed actively and properly, may yield similar, positive results. The consolidation and, in urgent cases, closure of diplomatic embassies eradicates before the fact the always imminent possibility of terror attacks such as was tragically demonstrated in Benghazi. In fact, one of the recommendations outlined by the comprehensive Sen- ate report on Benghazi states, “[w]here adequate security is not available, the Department of State should be prepared to evacuate or close diplomatic facilities under the highest threat, as it has in recent years in Sana’a, Yemen, and Damascus, Syria.”199 Previous pages of the report outlined the deteriorating security situation and lack of reliable security forces in the area. After the Benghazi At- tack, the U.S. opted for a more cautious approach with regards to embassy closures. A prime example of this policy change was the August 2013 U.S. decision to close nineteen embassies throughout the Middle East and Africa200 due to heightened terror alerts coin- ciding with the end of Ramadan.201 In the event of the shutting of embassies or consulates, friendly countries often replace the U.S. in representing its citizens and interests.

Retired U.S. Ambassador, Robert Callahan, penned an edito- rial against the new policy that encouraged the August 2013 broad closure of embassies.202 Callahan argues that terrorist organizations view the closings as a victory because “symbolism is more important than success.”203 They effectively harmed U.S. interests without executing a terrorist attack. Former Hungarian Ambassa- dor to the U.S., Andras Simonyi, argues a similar point. After increased terror threats in Tunisia during March 2015, Simyoni

199 S. SEL. COMM. ON INTELLIGENCE, supra note 144, at 26.200 Barbara Starr & Tom Cohen, Prison Breaks are Among Reasons for Heightened Security,

CNN (Aug. 6, 2013), http://edition.cnn.com/2013/08/05/politics/us-embassies-close/index.html.201 Ramadan is a month-long holiday during which Muslims fast and increase prayers to

com- memorate the first revelation of the Quran to the Prophet Muhammad. Among radical Is- lamists, it is also an ideal time to execute ‘Jihadi’ terrorist attacks.

202 Robert J. Callahan, Perspective: Keep Our Embassies Open, CHI. TRIB. (Aug. 8, 2013), http://articles.chicagotribune.com/2013-08-08/opinion/ct-perspec-0809-embassies-20130809_1_em bassies-public-diplomacy-diplomatic-posts.

203 Id.


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opined, “It’s a strong message that the U.S. embassy [sic] remains open.”204

A 2013 CNN report found there to be 307 U.S. diplomatic missions throughout the world.205 William Young recommends the consolidation of such missions and their in-person services to improve security, lower costs, and ultimately avoid measures of violent intervention.206 With the advance and spread of technology, many services, such as interviews and form submissions, can be completed via the Internet. In fact, in 2011, the State Department opened, and recently expanded, a virtual quasi-embassy in Iran, which has not had American diplomatic representation since the 1979 Iranian Revolution.207 The sites offer links to valuable information about obtaining visas in addition to political videos and press conferences disseminated in Farsi.208

The security versus diplomacy debate is, of course, ongoing. Congressmen Jason Chaffetz (R-UT) and Filemon Vela (D-TX) sent a letter to Secretary of State John Kerry in June 2015, de- manding answers as to why U.S. consulate facilities in Mexico re- main open in light of heightened danger and increased drug cartel violence.209 A delicate balance must be reached and embassy closures should be decided on a case-by-case basis. The permanent closure or consolidation of specific diplomatic missions and the expansion of online services should also be considered.

204 Melissa Clyne, Andras Simonyi: Keep U.S. Embassy in Tunisia Open as Anti-Terror Mes- sage, NEWSMAX (Mar. 19, 2015), http://www.newsmax.com/Newsmax-Tv/Andras-Simonyi-tunisia-embassy-terror/2015/03/19/id/631170/.

205 Amy Roberts, By the Numbers: U.S. Diplomatic Presence, CNN (May 10, 2013), http:// edition.cnn.com/2013/05/09/politics/btn-diplomatic-presence/.

206 William Young, Building a More Secure American Embassy, U.S. NEWS & WORLD REP. (Sept. 4, 2013), http://www.usnews.com/opinion/blogs/world-report/2013/09/04/after-closures- how-to-reform-us-embassy-security.

207 Guy Taylor, ‘Virtual U.S. Embassy Tehran’ Helps U.S. Connect with Iranians on Facebook, WASH. TIMES (Jan. 3, 2015), http://www.washingtontimes.com/news/2015/jun/3/virtual-us-embassy-tehran-helps-us-connect-with-ir/?page=all.

208 Id.209 Ildefonso Ortiz, Congressmen Demand Answers from Kerry on Mexican Violence and

Risks to US Consulate, BREITBART (June 4, 2015), http://www.breitbart.com/big-government/ 2015/06/04/congressmen-demand-answers-from-kerry-on-mexican-violence-and-risks-to-us-consulate/.


C. Red Lines and Accountability

Third and perhaps most necessary in the prevention of terror attacks on diplomatic missions, is the requirement that nations be active in the prevention of violence and held openly accountable for it in the event that it occurs. Article 31 of the 1963 Vienna Convention on Consular Relations requires host nations to protect diplomatic facilities from damage and intrusion.210 The 1973 Con- vention on the Prevention and Punishment of Crimes against Inter- nationally Protected Persons, including Diplomatic Agents, requires host countries to both criminalize and prosecute attacks against diplomats or diplomatic missions.211 The Convention came into force on February 20, 1977.212 The Conventions were both widely accepted and have been ratified, as of June 15, 2015, by 177213 and 178214 U.N. member states respectively. The aforementioned Senate investigation found that Libya failed in both providing protection to the Benghazi Mission and charging terrorists identified for participating in the attacks against it.215 Many of the attacks listed above, specifically mob assaults and riots, could have been handled more aggressively by local forces to prevent casual- ties and damage to diplomats and diplomatic facilities. Thus is evi- dent the importance of activity against terror threats and immediate accountability for it.

The blatant violations of host countries, such as the above, cannot be ignored. Perpetrators of these attacks and the countries that fail to provide protection against them must be held accountable. During the sixty-eighth U.N. session in November 2013, the sixth committee adopted a resolution to consider a conference on diplomatic protection at the seventy-first session in 2016.216 The idea was previously discussed in meetings during sessions in 2006,

210 UNITED NATIONS VIENNA CONVENTION ON CONSULAR RELATIONS, Apr. 24, 1963,U.N.T.S. 596.

211 CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATION-

ALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS, Dec. 14, 1973, 1035 U.N.T.S. 197.

212 Id.213 Privileges and Immunities, Diplomatic and Consular Relations, Etc., U.N.T.C.,

https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-6&chapter=3&lang=en (last visited June 15, 2015 10:41AM).

214 Penal Matters, U.N.T.C, https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_ no=XVIII-7&chapter=18&lang=en (last visited June 16, 2015 10:43AM).

215 S. SEL. COMM. ON INTELLIGENCE, supra note 144, at 39–41.216 Diplomatic Protection (Agenda item 82), GENERAL ASSEMBLY UNITED NATIONS, http://

www.un.org/en/ga/sixth/68/DipPro.shtml (last visited June 16, 2015 11:05AM).


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2007, and 2010.217 The idea to formulate another convention would be encouraging if not for the fact that previous conventions go unenforced. A different approach is needed.

In August 2012, during the currently ongoing Syrian Civil War, President Obama declared that the Assad regime’s use of chemical weapons would be a “red line” and elicit a strong military response.218 In December of the same year, amidst reports that As- sad was preparing to use chemical weapons, Obama reiterated the threat.219 NATO Secretary-General Anders Fogh Rasmussen, shining light on why Assad’s massacre of over 40,000 Syrians (at the time) did not receive as much attention as his chemical weapons threat, stated, “[t]he possible use of chemical weapons would be completely unacceptable for the whole international community.”220 Assad, in defiance of the U.S. threats, used chemical weapons numerous times over the course of 2013 and possibly at later dates as well.221 A U.S.-Russian brokered deal was reached in place of a military strike.222

Although the “red line” set by Obama was not enforced, the threat did enable the U.S. to intervene in the conflict and arrange a deal ridding Assad of his chemical weapons. The deal, proposed by Israel, was chosen as a better strategic alternative to a military strike.223 The “red line” approach, if applied to diplomatic activities and actually enforced, can have a powerful deterrent effect. Terrorist organizations that engage in attacks against diplomats or diplomatic missions would be met by a robust military response in return. The U.S. and many other nations have the ability to increase military activity and send a strong message to these terrorist groups. After numerous effective and lethal airstrikes, immediately following assaults on diplomatic interests, terrorists would be more hesitant before choosing diplomatic targets. In order to end

217 Id.218 Obama Warns Syria Not to Cross ‘Red Line’, CNN (Aug. 21, 2012), http://edition.cnn.com/

2012/08/20/world/meast/syria-unrest/.219 Michael Crowley, Gas Mask: Why Is Chemical Warfare Obama’s ‘Red Line’ in Syria?,

TIME (Dec. 6, 2012), http://swampland.time.com/2012/12/06/gas-mask-why-is-chemical-warfare- obamas-red-line-in-syria/.

220 Id.221 Timeline of Syrian Chemical Weapons Activity, 2012–2015, ARMS CONTROL ASSOC.,

https://www.armscontrol.org/factsheets/Timeline-of-Syrian-Chemical-Weapons-Activity (last visited June 16, 2015 11:25AM).

222 Id.223 Jodi Rudoren, Israeli Helped Inspire U.S.-Russia Weapons Deal With Assad, Memoir Says,

N.Y. TIMES (June 15, 2015), http://www.nytimes.com/2015/06/16/world/middleeast/israeli-helped- inspire-us-russia-weapons-deal-with-assad-memoir-says.html?_r=0.


the decade-old method of targeting foreign diplomatic agents, the message of active terror prevention and active accountability for violence must be abundantly, if not redundantly, communicated.

VI. CONCLUSION

There is no doubt that attacks on diplomatic interests around the globe pose a major threat to international relations and diplomacy. Diplomatic activities, meant to promote peaceful relation- ships and cooperation between countries, are crucial to maintaining peace and preventing wars. As former Congressman John Dingell, Jr.224 aptly put it, “[w]ar is failure of diplomacy.”225

Major terrorist organizations, specifically ISIS, Al-Qaeda, and Taliban target and assault diplomatic missions.

As documented above, attacks on U.S. embassies and diplomats are both frequent and lethal. The international community’s failure to stop this trend is troubling. The United States and other world nations must take a stand to ensure diplomats are provided with protections provided by the Vienna Conventions of 1961 on Diplomatic Relations and 1963 on Consular Relations. A failure to prevent these attacks represents a victory for terrorist organizations and a loss for international peace efforts.

A variety of solutions are offered herein. The enhancement of embassy security, condensation of embassies and embassy services, and stronger responses to threats and attacks on diplomatic interests are just some of the tactics the U.S. can employ. The adoption of these proposals and the establishment of other creative solutions are necessary to both protect our diplomats and weaken the terrorists, on the international playing field. A solution must be found to the war on American diplomacy.

224 John David Dingell, Jr. served in the U.S. House of Representatives from 1955 until 2015 making him the longest tenured congressman in American history. His father John, Sr. and wife Debbie both served in Congress as well. Dingell, Jr. also served as an officer in the U.S. army in World War II and received the Presidential Medal of Freedom in 2014.

225 John Dingell, BRAINYQUOTE.COM, http://www.brainyquote.com/quotes/quotes/j/john dingel282118.html (last visited June 16, 2015).

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