National Security Policy Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

National security is a phrase that is used in many different ways. Classically, it has been defined as freedom from foreign interference or influence—military, economic, or political—in domestic affairs. Quite obviously, this definition primarily involves physical security from military invasion. However, national security involves not only the defense of a nation and that nation’s safety but also protection of that nation’s interests, whether they be political or economic. In order to understand national security, as noted by Tipson, these questions must be answered: Who is the foreign influence? What is being protected? What are the means of protection?

Foreign Influences And Assets Under Protection

Determining who is the foreign influence is not difficult. Historically, most authorities have defined a foreign influence as including any foreign nation. In the modern world, the “who” has been expanded to include nongovernmental groups with no legitimately recognized political or geographical identity, especially independent terrorist groups such as al-Qaida. National security in the early twenty-first century necessarily includes protecting a nation from the influence, attack, or dominion of such groups.

There are several basic categories of assets that must be protected as part of national security. The most basic of these assets is territory. National borders clearly define the territory of a nation (although some borders remain disputed and a source of conflict, such as the India-China border near Tawang). International law recognizes the right of a nation to be secure within its borders, as seen in Article IV of the United Nations (UN) charter. The second most important asset protected by national security policy is a nation’s citizenry. International law extends protection to a nation’s citizens. This protection usually applies whether the citizens are within that nation’s borders or within a foreign country. Third, the safety and security of a nation’s military forces, whether located domestically or in another country, has been recognized to be a legitimate concern of national security. The United States of America has entered into numerous treaties with other nations where its forces are located; these treaties are known as Status of Forces Agreements (SOFAs).

Further, although this claim is not recognized by all nations, the United States has maintained that access to certain militarily strategic or economically essential resources is a matter of national security. Finally, in the decision of United States v. Robel (1967), the U.S. Supreme Court recognized that national security includes the defense of American values and ideals. However, when other nations appeal to strategic resources or intangible values in their national security policy, they are actively opposed by more powerful nations. Thus, there is a question of relativity and power concerning these elements of national security.

Means Of Protection

As to the means of protection, there are three basic methods: diplomatic means, legal means, and military means. Each of these means is usually instituted according to a policy.

Policy is an amorphous term and is used in many different contexts, especially in the realm of politics, but two meanings are helpful for understanding national security policy. First, a policy can be defined as a statement of the ultimate goals of a nation or government. For example, a government might announce that its nation’s policy, as a matter of national security, is to protect access to vital and rare natural resources that are not located within the policy-making nation’s borders but rather are found in a neighboring country. This would be a broad statement of policy goals.

Second, a policy can be defined as a coherent plan to guide specific decisions and actions, whose ultimate purpose is to implement broad goals. This definition of policy has been equated with the systematic procedures aimed at implementing the policy goals. To continue the previous example, one method to implement the policy goals of securing access to those vital and rare natural resources would be to diplomatically arrange a treaty ensuring such continuing access. Another method would be to enter into a contract, enforceable by international law or arbitration, that would ensure access to those resources. A third method would be to militarily invade the neighboring country and physically seize and secure the resources.

All policies have costs, some of which can make some policies untenable. When Iraq invaded Kuwait in 1990 to seize control of its oil supply, the world’s military response was swift and devastating. In other cases, the costs are less tangible but lead to a policy being overturned. An example of such a policy would be the Bush Administration’s use of techniques widely denounced as torture to further the national security interests of the United States. This national security policy including so-called enhanced interrogation was eventually deemed too costly for a variety of reasons (including legal actions by the victims, national opposition, loss of international reputation, and the possibility of retaliation by other nations).Thus, policy involves not only the ultimate goals of a nation but also how that nation executes and implements its policies.

Methods Of Deciding Policy

There are many different methods of deciding upon policy, even within individual countries. In the United States, the highest level of policy making lies with the Congress. The enactment of laws by the Congress is the highest statement of the legal policy of the United States. This is especially true of national security. For example, by the enactment of the USA PATRIOT Act, the Congress set the policy of the United States as accepting limitations on civil liberties to attempt to protect the United States from terrorism.

The executive branch, as vested in the president, is also a very important policy maker that can, at least for a time, bypass other policy makers. For example, the Bush Administration created and implemented the policy of torturing alleged terrorists, even though this policy conflicted with various domestic and international laws.

The judicial branch also contributes to policy. When the U.S. Supreme Court makes a ruling on the constitutionality of certain laws, it is, in essence, expressing policy. For example, when the Court invalidated the military commissions of the Bush Administration concerning Guantanamo Bay, it changed an important policy concerning national security.

The example of torture and Guantanamo Bay shows how the American “checks and balances” form of government can affect changes in national security policy over time. Most modern democracies similarly include mechanisms to avoid the long-term adoption of natural security policies that harm their citizens and violate international law. The international community faces a challenge, however, in countries like Iraq under Saddam Hussein, which claimed a right to resources beyond its borders, or North Korea, which claimed the right to develop nuclear weapons as a matter of national security.

Bibliography:

Bloomfield, Lincoln P. “The National Security Process.” In National Security Law, edited by John Norton Moore, Frederick S.Tipson, and Robert F. Turner. Durham, N.C.: Carolina Academic Press, 1990.
Carter, Barry, and Phillip Trimble. International Law. Boston: Little Brown, 1991.
Forst, Brian. Terrorism, Crime, and Public Policy. New York: Cambridge University Press, 2009.
Homeland Security Act, Pub. L. 107–296, 116 Stat. 2135 (2002).
Jaffer, Jmail, and Amrit Singh. Administration of Torture. New York: Columbia University Press, 2007.
Lipschutz, Ronnie D., ed. On Security. New York: Columbia University Press, 1995.
Moore, John, Frederick Tipson, Robert Turner, eds. National Security Law.
North Carolina: Carolina Academic Press, 1990.
Tipson, Frederick S. “National Security and the Role of Law.” In National Security Law, edited by John Norton Moore, Frederick S. Tipson, and Robert F.Turner. Durham, N.C.: Carolina Academic Press, 1990.
United Nations. Charter of the United Nations. Signed in San Francisco, June 26, 1945. un.org/en/documents/charter.
United States v. Robel, 389 U.S. 258, 264 (1967).
USA PATRIOT Act, Pub. L. No. 107–56, 115 Stat. 272 (2001).
West, Francis J., Jr. “American Security Doctrine: An Historical Perspective.” In National Security Law, edited by John Norton Moore, Frederick S. Tipson, and Robert F.Turner. Durham, N.C.: Carolina Academic Press, 1990.

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