Laws for Insecurity : A report on the Federal Government's Proposed counter terrorism measures (original) (raw)

Counter-Terrorism Legislations....pdf

2016

One decade has been spent by nation states on the war against terrorism. However, terrorist activities are still remained, amount of civilian casualties have increased and human rights violated frequently under the pretext of security. The international human rights frame work has been sacrificed by waging the war on terrorism; the war which recognize by its open ended and unknown battlefield. The balance between liberty and security has challenged, when the war is waged. This war does not observe human rights and humanitarian law rules, which obtained by great efforts during decades. On one hand, this article will investigate on violations of international human rights law by counter-terrorism measures as pre-emptive actions against civil liberties. On the other hand, it will illuminate the right of peace and security as basic need of society and essential responsibility of governments. How to make balance between security and human rights? How to increase safety of societies and human rights simultaneously? What are the boundaries of counter-terrorism measures to protect human rights law? These are the questions, which answers will be briefly assessed. Finally in this article the Malaysian perspective and its response to war on terrorism will also be assessed as a case study.

Government protection against terrorism and crime

Global Crime, 2015

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Anti Terrorism IIUM Law Journal

Malaysia has proactively introduced a legal framework for combating terrorism financing within its shores in a phenomenal response to the global war against terrorism. Against this backdrop, this paper explores the provisions relating to antiterrorism financing in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) plus the recent amendment made to the Act in 2014, as well as the Penal Code of Malaysia. The significance of this study is seen in exposing the recent development on the Anti-Terrorism Financing Laws in Malaysia particularly with respect to the recent amendment made to the Act in 2014. While this study focuses on Anti-Terrorism Laws in Malaysia, AMLATFA forms the crux of the discussion. The paper concludes that Malaysia is keeping up with the global development on Anti-Terrorism Financing laws and this helps it maintain good image in the global world as a country that is ready to combat terrorism generally and terrorism financing specifically.

Policy in Combating Terrorism Crimes

International Journal of Multicultural and Multireligious Understanding, 2019

Terrorism crimes will occur at any time where the target is unpredictable. Its actions cause fear to the public at large, take many lives, and cause property losses. It also has a very broad impact on the life of the nation and state. The research objective is to determine the legislative and applicative policies in combating terrorism crimes. This study uses secondary legal material in the form of official legal materials, books, research results in the form of reports, and opinions from legal experts. Research findings include: 1) legislative policy in combating terrorism crimes is to provide more responsive legal policies to the development of terrorism crimes that ensnare not only perpetrators who commit crimes directly but also investigate parties that collect, provide, or lend funds directly or indirectly with a view to using all or part of it to commit terrorism crimes, terrorist organizations, or terrorists, and 2) the applicative policies in combating terrorism crimes inclu...

The case of terrorism: Security as purpose of criminal law?

The paper briefly describes the means of criminal law used to prevent terrorist attacks in Germany and the United Kingdom (England & Wales). It shows how the socio-political demand for security has influenced criminal law, which is the area of law typically associated with a strict dogma of reaction to certain forms of (penalized) violent behaviour, incorporating the concept of prevention only in parts. Thus, security in the sense of means to avoid risks before they cause harm to legal interests is typically not a primary purpose of criminal law. This presentation examines whether security constitutes a purpose of criminal law, and, if so, whether this amounts to a shift in the criminal law dogmatic towards a so-called " security criminal law " .

LEGAL ANALYSIS OF CRIME TERRORISM AND COUNTER TERRORISM STRATEGY.

Terrorism that occurred in Indonesia and some existing countries, is considered as an extraordinary crime that disturbs the public and makes the State becomes chaotic and insecure. Many societies are incorporated in these schools of terrorism and consider those outside their stream as enemies to be annihilated. Therefore, to overcome the occurrence of terrorism it is necessary to do some prevention to terrorism is not growing and can be eradicated or eliminated one of them is by freezing the terrorist funds so that their actions can be stopped.

Terrorism, Global Security, and the Law

Dean Rindskopf-Parker discussed the need to develop a counterterrorism strategy that reconceptualizes security within a legal, constitutional structure. The basis of this will be a proactive rather than reactive approach to terrorism. She discussed the need for a coordinated and global counterterrorism strategy as well as better integrated cooperation between agencies. New legal doctrine must be developed that can inform both security forces and the public. A better understanding of the threat and the cultural context of the Middle East can facilitate future counterterrorism approaches. This links to the education that Rindskopf-Parker feels is important; there should be informed debate about these issues, for example discourse about the PATRIOT ACT should involve the public as well as policy-makers. This type of transparency is necessary for the public to have confidence in the decision-makers they elect; an over-reliance on secrecy diminishes this confidence. Finally, the private sector owns a large percentage of critical infrastructure and therefore must also be informed and involved in counterterrorism.