STOPPING THE NEXT ATTACK: HOW TO GAIN INTELLIGENCE FROM SUSPECTS DETAINED OVERSEAS

Abstract

The United States often faces two competing choices when a terrorist is captured overseas: bring the person back to the United States immediately to face trial, or hold the person in military detention, where prosecutions are difficult and slow-moving. This thesis investigates which policy best allows the United States to reduce the threat posed by a terrorist captured overseas while maintaining the country’s credibility. Recognizing the principal importance of preserving life and preventing future attacks after the detention of a suspected terrorist, this thesis used a policy options analysis method to determine which one of three approaches is best for handling terror suspects captured overseas: law of war detention, two-step intelligence and law enforcement interrogations, or arrest and extradition. The research determined that no single policy best allows the United States to reduce the threat posed by a terrorist captured overseas, takes into account the need to obtain information about looming attacks, preserves the opportunity for prosecution, and maintains the credibility of the United States. This thesis recommends the continued use of law of war detention for foreign fighters and recommends that two-step intelligence and law enforcement interrogations remain a viable option for terrorists captured overseas.