The precautionary tale of Australia’s amendments to the Terrorism Control Order Scheme

S.Donkin

School of Criminology and Criminal Justice, Griffith University, s.donkin@griffith.edu.au

Despite being labelled ineffective, inappropriate and unnecessary by the Independent National Security Legislation Monitor in 2012, terrorism control orders look set to remain on the Australian statute books for the next few years, albeit with some important recent amendments. As well as reducing the threshold for issuance, the grounds for issuing control orders have been expanded to include individuals having engaged in hostile activity abroad, as well as those convicted of terrorist-related offences. This paper examines the diverging evolution of the CO schemes in Australia and the UK, and considers both the necessity and the likely impact of the recent amendments to the Australian CO scheme. Finally, it makes the case that the changes to the scheme have widened the net of state control, shifting from a reactively preventive application of COs towards a more precautionary approach characterised by increased reliance on intelligence rather than evidence.

Biography

Susan Donkin is a Lecturer at the School of Criminology and Criminal Justice at Griffith University. Her PhD examined pre-emptive anti-terrorism legislation across time and place; i.e. comparing how/whether measures such as control orders are used in different jurisdictions, and identifying how they compare to similar historical precedents, such as internment. A modified version of her thesis examining control orders in light of crime prevention theory and practice has been published as part of the Springer Brief Series in International and Comparative Criminology.

The impact of terrorism on human rights:The case of Boko Haram and Niger Delta Avengers in Nigeria

Dr Joel Barde

Terrorism threatens the dignity and security of human beings everywhere, endangers innocent lives, creates an environment that destroys the freedom from fear of the people, jeopardizes fundamental freedom, and aims at the destruction of human rights. Human rights are among the essentials of democracy and good governance. They aid human beings to live a fulfilled life. Where it is denied, life becomes meaningless and hopeless. The goal of this research work is to assess the effects of terrorist attacks on human rights. In doing so, the study used the doctrinal approach and researched into the historical evolution and conceptual clarifications of terrorism, Boko Haram, Niger Delta Avengers and human rights. The study undertook a voyage into the different types of terrorism, causes, and proffering solutions to terrorism. The research found out that there have been various attacks by Niger Delta Avengers and especially by Boko Haram, which led to the adoption of over two hundred and fifty school girls from Chibok community in the North East of Nigeria and the killing of thousands of innocent people, displaced as many as a million people as well as wanton destruction of property in the country by the insurgents. This is a clear violation of human rights. Nigerian security forces are also alleged to have committed human right abuses in their fight against insurgency. It is alleged that the military carries out extra judicial killing, torture and illegally detain suspects. Recommendations are made at the end of the research work, among which is the need for Nigeria and neighbouring countries to address the drivers of extremism that gave rise to Boko Haram, and to bring perpetrators, organizers, financiers and sponsors of terrorism to justice in accordance with international law and relevant security council resolutions.

Socio-economic context of Boko Haram terrrorism in Nigeria

S. Olofinbiyi

University Of Kwazulu-Natal, Department of Criminology & Forensic Studies

There have been widespread speculations across the globe that the root cause of Boko Haram terrorism in Nigeria is more religious than socio-economical. A sizeable number of research findings have consistently argued that the root cause could be traced to the violation of fundamental human rights emanating from corruption, poor and unconstitutional democratic practices in the Northern part of Nigerian state. However, the ultimate aim of this paper appraises the critical examination of socio-economic context of Boko Haram terrorism in Nigeria with a view to establishing the major cause of Boko Haram terrorism, investigating the pattern of their maintenance, examining the socio-economic consequences of the crisis and identifying possible techniques for addressing the problems of Boko Haram terrorism in Nigeria. The study adopts a qualitative methodological approach of In-depth Interview to interrogate the phenomenon of Boko Haram terrorism in Nigeria. This study is the first systematic attempt to adopt a theoretical integration  of rational choice theory , social exchange theory and social conflict theory to shed light on the discourse of terrorism that pervades the contemporary global society; taking insight from an exploratory study of Boko Haram terrorism in Nigeria. The study opines that as long as the endemic socio-economic problems caused by global capitalism persist in human societies, the use of individual terrorism will always remain an inevitable enterprise and indeed a normal social reaction to every state of affairs. The paper concludes that the world must respond to an immediate epistemological shift in counter-terrorism strategies from the old military approach to more appropriate culturally acceptable conflict-resolution strategies in order to win the war against terrorism. This can only be accomplished through intelligence gathering and partnership with local communities.

Deradicalization program as a tool to combat terrorism in Indonesia: Problems and challenges

Heru Susetyo, Ph.D.1, Fachri Bey, Ph.D.2

1 Senior Lecturer Faculty of Law University of Indonesia, Depok – INDONESIA, hsusetyo@ui.ac.id
2 Senior Lecturer Faculty of Law University of Indonesia, Depok – INDONESIA, bey.fachri@yahoo.com

In the aftermath of Bali Bombing 12 October 2002, which is considered as the biggest terrorism attack ever in Indonesia,   the Indonesian government launched so called ‘war against terrorism’.  Laws on terrorism were soon enacted and applied retroactively.   Special Police to Combat Terrorism, namely Detachment of 88 was formed.  Special Agency to coordinate counterterrorism measures was soon established, namely Badan Nasional PenanggulanganTerorisme or National Anti-Terrorism Agency.

Yet, from 2002 to 2016, number of terrorism attack in Indonesia have not been diminished.  Instead, there has been a shift of terrorism command.  From Al Qaeda-related link to ISIS network.  This phenomenon is seriously taken into account by National Anti-Terrorism Agency and Special Detachment of 88.  Since early 2010’s it has conducted special program to combat terrorism namely deradicalization program while the Detachment of 88 has launched more massive manhunt for suspected terrorism all over Indonesia,  supported by Indonesian military.

Deradicalization program targets former terrorism suspects and former inmates.  Also, it targets schools, universities, and other academic institutions suspected as being an agent for radical ideology dissemination in Indonesia.

Both deradicalization program and massive manhunt have created problems. At one side the Agency claimed that they have prevented terrorism, but on the other hand, they have victimized innocent people such as family of terrorist suspects and violated civil rights of former inmates.  In addition, by targeting specific academic institutions, the agency has been accused as arbitrarily labeling people as terrorist or future terrorist, which is a clear violation of human rights.

This research, therefore, is a study of deradicalization program in Indonesia which is conducted in Java Island where many terrorism attack took place.  It tries to describe the dynamic of the program between the need of law enforcement in the name of law enforcement and its impact to human rights and civil liberty.  The result of this study will contribute to the drafting of new Indonesian Anti-Terrorist policies which is currently under review.

Keywords

Deradicalization, Terrorism, Victimization, Indonesia, Human Rights

Biography

Heru Susetyo, PhDis currently an Assistant Professor at Faculty of Law Universitas Indonesia. Subjects : Victimology, Human Rights, Children Protection Law. Graduated from Universitas Indonesia (Bachelor & Master), Northwestern Law School,Chicago USA (Master in Intl Human Rights Law) & Mahidol University,Thailand (PhD in Human Rights & Peace Studies). Also admitted as External PhD Researcher at Tilburg University, The Netherlands since 2012.  During 2009-2015 had served as Executive Committee World Society of Victimology (WSV) representing Indonesia.

Fachri Bey, Ph.DIs Professor Emeritus of Victimology at Department of Criminal Law Faculty of Law Universitas Indonesia. Obtained Ph.D  from UKM Malaysia

Public communication to stop terrorism: An examination of zero-sum counterterrorism assumptions

D. Fisher

University of Maryland, dgfisher@umd.edu

Terrorism by its nature is political, encompassing more than salient attacks that threaten life and infrastructure. Terrorists seek to control the public discourse by rallying support for their movement through speech tactics that range from public talks to online publications. The clear importance of public discourse suggests that governments might be able to more strategically use public communication to reduce future terrorism. Thus far, the criminological literature has focused primarily on the use of physical tactics to make terrorism harder to commit. These deterrence-based strategies are founded on the zero-sum assumption that any losses for a terrorist group will result in gains for a government. Seeking to evaluate this assumption, this research examines whether public communications by governments can serve as a relatively inexpensive, readily available, and less oppressive means to reduce terrorism. Mixed methods are used to firstly examine the varying themes and content of the 6,001 public communications regarding terrorism from US Presidents and their Press Secretaries between 1970 and 2014. These public statements are then systematically coded to capture variation in the tone of these government speech actions, and are used to quantitatively examine whether these communications had any impact on subsequent terrorism aimed at US targets.

Biography

Daren Fisher, MA, is a PhD Candidate and Graduate Assistant to Laura Dugan at the University of Maryland Department of Criminology and Criminal Justice, and a Research Assistant with the Sydney Institute of Criminology. Daren’s research interests include the relationship between government actions and subsequent terrorism, judicial decision making, and the application of CPTED.

Confessions of a moderate Muslim: Speaking truth in an era of representation

M. Tabbaa

The University of Melbourne

There is an incredible amount of pressure on Muslims today to declare that they are good, ‘moderate’ Muslims who denounce violence and extremism. Much energy is therefore exerted by Muslims to orally demonstrate their goodness, usually in the form of public condemnations of ‘bad’ Muslims. What is the status of this declaration, and how do we account for the unrelenting pressure to perform it?

In The History of Sexuality, Michel Foucault demonstrates how the ritual of confession became a mainstay in modern western societies, famously concluding, “western man has become a confessing animal”. Utilizing Foucault’s work, I demonstrate how an accusatory process underlies Muslim public speech acts, and in particular, condemnations. I argue that, against a background of accusation and suspicion, and a historically grounded practice of speech as a representation of truth, the Muslim declaration comes to take the form of a public confession. Through a case study of the Sydney Muslim blasphemy protests of 2012, I demonstrate how the accusation process positions the Muslim as harboring a truth – concealing a secret – which operates as an efficient technique for the production of their speech. Through a variety of benign techniques of accusation, such as mistakes and examinations, the Muslim is enticed and incited to publicly confess their truth; or, to put it conversely, as a response to the accusation process, Muslim speech is produced as confession.

Biography

Mohamad Tabbaa is a PhD Candidate in Criminology and Law at The University of Melbourne. His thesis explores the intersections of speech, truth and violence, through a Foucouldian reading of the Muslim blasphemy protests in Sydney, 2012. Mohamad has also worked extensively within the Muslim community in Australia, including as Executive Director and Media Representative at the Islamic Council of Victoria. Mohamad is currently the Founding Director of the online educational hub, creativeinstitute.com.au. Mohamad lives in Hobart with his wife and two young children.

Strengthening deradicalizing Islamist extremism in Indonesia: A victim-centred approach

Milda Istiqomah*, Ph.D. Student, University of New South Wales, Australia

 *Corresponding author: m.istiqomah@student.unsw.edu.au

 

Deradicalization program has long been the subject of investigation. There is a steadily growing interest in examining the results on how Islamist terrorists agree to abandon violence and leave radicalism; however, it is argued that de-radicalization program on terrorism in many countries is still questionable for its effectiveness. This article aims to provide an overview of the deradicalization program specifically related to the victim-centred approach conducted by the Indonesian government and investigates critical issues surrounding the analysis of their effectiveness and outcomes. This research employs several case studies of a victim-centred approach conducted by the Indonesian Witness and Victim Protection Agency as well as the Indonesian Counter-terrorism Agency. This paper argues that the victim-centred approach to de-radicalize former terrorist prisoners faces several implemental challenges; however the initiative may offer promise for future successful de-radicalization program. Furthermore, until more data surrounding the efficacy of this initiative available, the victim-centred approach may also constitute a significant and essential component of disengagement, de-radicalisation, and reintegration of terrorist prisoners. In conclusion, this paper suggests that further empirical research concerning prevention policies and disengagement interventions related to victim-centred approach need to be explored to give more inputs to the Indonesian government to achieve the effectiveness of de-radicalization program.

Keywords: victim-centred approach, de-radicalization, Islamist extremism.