Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 586

Search results for: victims of terrorism

586 Restorative Justice to the Victims of Terrorism in the Criminal Justice System of India

Authors: Sumanta Meher, Gaurav Shukla

Abstract:

The torments of the victims of terrorism have not only confined to loss of life and limp but also includes the physiological trauma to the innocent victims. The physical wounds may heal, but the trauma remains in the mind and heart of the victims and their loved ones; however, one should not deny that these terrorist activities affect to a major extent to their livelihood. To protect their human rights and restore the shattered lives of the victims of terrorism all the Nations beyond their differences have to show solidarity and frame a comprehensive restorative policy with an effective implementing mechanism. The General Assembly of United Nations, through its several resolutions, has appealed Nations to show solidarity and also committed to helping the Members State to frame the law and policy to support the victims of terrorism. To achieve the objectives of the resolutions adopted by the United Nations, the Indian legislators in 2008 amended the Code of Criminal Procedure, 1973 and incorporated Section 357A to provide financial assistance to the victims of terrorism. In India, the contemporary developments in the victims’ oriented studies have increased the dimension of the traditional criminal justice systems to protect the rights of the victims. In this regard, the paper has ascertained the Indian legal framework in respect to the restorative justice to the victims of terrorism and also addressed the question as to whether the statutory provisions and enforcement mechanisms are efficient enough to protect the human rights of the victims of terrorism. For that purpose, the paper has analyzed the International instruments and the reports with regard to the compensation to the victims of terrorist attacks, with that, the article also evaluates the initiatives of United Nations to help Members State to frame the law and policies to support the victims of terrorism. The study also made an attempt to critically analyze the legal provisions of compensation and rehabilitation of the victims of terrorist attacks in India and whether they are in alignment with the International standards. While concluding, the paper has made an endeavor for a robust legal framework towards the restorative justice for the victims of terrorism in India.

Keywords: victims of terrorism, restorative justice, human rights, criminal justice system of India

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585 Confusion on the Definition of Terrorism and Difficulty in Criminalizing Terrorist Financing

Authors: Hamed Tofangsaz

Abstract:

In the absence of an internationally agreed definition of terrorism, the question which needs to be posed is whether there is a clear and common understanding of what constitutes terrorism, terrorist acts and terrorist groups, the financing of which needs to be stopped. That is, from a criminal law perspective, whether the Terrorist Financing Convention, as the backbone of the counter-terrorist financing regime, clarifies what types of conduct, by who, in what circumstances and when, against whom (targets or victims) and with what intention or motivation should be considered terrorism? It will be explained how and why it has been difficult to reach an agreement on the definition of terrorism. The endeavour of the drafters of the Terrorist Financing Convention and others involved in countering terrorist financing to establish a general definition of terrorism will be examined. The record of attempts to define the elements of terrorism proves that it is hardly possible to reach an agreement on a generic definition of terrorism because the concept of terrorism is elusive and subject to various understandings. Even the definition provided by the Terrorist Financing Convention, is not convincing. With regard to the findings, this paper calls for further research on the legal consequences of the implementation of the terrorist financing-counter measures while the scope of terrorism, terrorist acts and terrorist organizations have been left vague.

Keywords: terrorism, terrorist financing, crime, convention

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584 De/Reconstructing the Notion of Women as Perpetrators of Terrorism: The Case of Boko Haram

Authors: Damilohun D. Ayoyo, Anthony Mpiani, Temitope B. Oriola

Abstract:

The debate on women’s roles in insurgencies and terrorist organizations continues to garner scholarly attention. While some scholars view women insurgents and terrorists as perpetrators, others have argued that they are non-agents and victims. This paper de/reconstructs the notion of ‘women as perpetrators’ of terrorism. Drawing on the narratives of rescued female Boko Haram operatives, and Boko Haram’s tactics for recruiting and deploying women and girls, the paper advances three main arguments. First, the growing social construction of women as perpetrators of terrorism – particularly radical Islamic terrorism – downplays the socio-cultural and structural processes leading to women’s involvement with terrorist organizations. Second, women agency in Boko Haram activities is better understood when grounded in the cultural and structural contexts of Northern Nigeria, Boko Haram’s construction of ‘female,’ and the experiences of female Boko Haram operatives. Third, the mechanisms through which female Boko Haram operatives are recruited and deployed make them more of non-agents and victims than perpetrators of terrorism. The paper draws on the agency-structure approach and argues that the gendered power asymmetries embedded in the cultures and structures of Northern Nigeria –the base of Boko Haram– contribute to the nature and dynamics of women’s involvement in the insurgency. Although the paper does not negate the agency of women in terrorism, it aligns with the studies that consider women insurgents as more victims than perpetrators of terror.

Keywords: Boko Haram, female agency, Northern Nigeria, patriarchy, perpetrator of terror, radical Islamic terrorism, sharia, victim of terror, women insurgents

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583 The Nexus between Counter Terrorism and Human Rights with a Perspective on Cyber Terrorism

Authors: Allan Munyao Mukuki

Abstract:

The nexus between terrorism and human rights has become a big challenge in the fight against terrorism globally. This is hinged on the fact that terrorism and human rights are interrelated to the extent that, when the former starts, the latter is violated. This direct linkage was recognised in the Vienna Declaration and Programme of Action as adopted by the World Conference on Human Rights in Vienna on 25 June 1993 which agreed that acts of terrorism in all its forms and manifestations are aimed at the destruction of human rights. Hence, terrorism constitutes an assault on our most basic human rights. To this end, the first part of this paper will focus on the nexus between terrorism and human rights and endeavors to draw a co-relation between these two concepts. The second part thereafter will analyse the emerging concept of cyber-terrorism and how it takes place. Further, an analysis of cyber counter-terrorism balanced as against human rights will also be undertaken. This will be done through the analysis of the concept of ‘securitisation’ of human rights as well as the need to create a balance between counterterrorism efforts as against the protection of human rights at all costs. The paper will then concludes with recommendations on how to balance counter-terrorism and human rights in the modern age.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation

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582 The Reasons behind Individuals to Join Terrorist Organizations: Recruitment from Outside

Authors: Murat Sözen

Abstract:

Today terrorism is gaining momentum again. Parallel to this, it hurts more than before because it has victims from not only its own locations but also remote places. As victims are from outside, militants are likewise from own location and outside. What made these individuals join the terrorist organizations and how these organizations recruit militants are still unanswered. The purpose of this work is to find reasons of joining and power of recruiting. In addition, the role of most popular tool of recruiting, ‘social media’ will be examined.

Keywords: recruitment, social media, recruitment, militants

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581 Minors and Terrorism: A Discussion about the Recruitment and Resilience

Authors: Marta Maria Aguilar Carceles

Abstract:

This theoretical study argues how terrorism is rising around the world and which are the factors and situations that contribute to this process. Linked to aspects of human development, minors are one of the most vulnerable collectives to be engaged for this purpose. Its special weakness and lower possibility of self-defense makes them more likely to become victims as a result of a brainwashing process. Terrorism is an illicit way to achieve political and social changes and new technologies and available resources make it easier to spread. In this sense, throughout a theoretical revision of different recent and scientific articles, it is evaluated which risk factors can provoke its affiliation and later develop of antisocial and illicit behavior. An example of this group of factors could be the inter-generational continuity between parents and their children, as well as the sociodemographic aspects joined to cultural experiences (i.e. sense of dishonor, frustration, etc.). The assess of this kind of variables must be accompanied by the evaluation of protective factors, because the reasons through one person decides to join to terrorism are inherently idiosyncratic and we can only install mechanisms of prevention knowing those personal characteristics. To sum, both aspects underline the relevance of the internalizing and externalizing personal factors, each of them in one specific direction: a) to increase the possibility of being recruited or follow this type of criminal group by himself, and b) to be able of avoiding the effects and consequences of terrorism thanks to personal and resilient characteristics (resilience).

Keywords: criminality, minors, recruitment, resilience, terrorism

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580 Policy and Strategy to Combatting Terrorism in Indonesia: Analysis Socio Juridical Counter and Contra Terrorism

Authors: Dini Dewi Heniarti

Abstract:

In the past decades, Indonesia has suffered severe terrorist attacks, faced major terrorism challenges and has made impressive progress in countering it. The trend of terrorist groups operating in Indonesia is to focus on ‘soft’ targets. Indonesia has made notable progress in strengthening the legal regime against terrorism, in conformity with the international treaties against terrorism. Further measures are however needed to complete the legal regime building processes. This paper will demonstrate analyze socio yuridical contra and counter terrorism by Indonesia Government.

Keywords: policy, strategy, combatting terrorism, socio juridical, counter and contra terrorism

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579 Roots of Terror in Pakistan: Analyzing the Effects of Education and Economic Deprivation on Incidences of Terrorism

Authors: Laraib Niaz

Abstract:

This paper analyzes the ways in which education and economic deprivation are linked to terrorism in Pakistan using data for terrorist incidents from the Global Terrorism Database (GTD). It employs the technique of negative binomial regression for the years between 1990 and 2013, presenting evidence for a positive association between education and terrorism. Conversely, a negative correlation with economic deprivation is signified in the results. The study highlights the element of radicalization as witnessed in the curriculum and textbooks of public schools as a possible reason for extremism, which in turn may lead to terrorism.

Keywords: education, Pakistan, terrorism, poverty

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578 The Anatomy and Characteristics of Online Romance Scams

Authors: Danuvasin Charoen

Abstract:

Online romance scams are conducted by criminals using social networks and dating sites. These criminals use love to deceive the victims to send them money. The victims not only lose money to the criminals, but they are also heartbroken. This study investigates how online romance scams work and why people become victims to them. The researcher also identifies the characteristics of the perpetrators and victims. The data were collected from in-depth interviews with former victims and police officers responsible for the cases. By studying the methods and characteristics of the online romance scam, we can develop effective methods and policies to reduce the rates of such crimes.

Keywords: romance scam, online scam, phishing, cybercrime

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577 Understanding Cyber Terrorism from Motivational Perspectives: A Qualitative Data Analysis

Authors: Yunos Zahri, Ariffin Aswami

Abstract:

Cyber terrorism represents the convergence of two worlds: virtual and physical. The virtual world is a place in which computer programs function and data move, whereas the physical world is where people live and function. The merging of these two domains is the interface being targeted in the incidence of cyber terrorism. To better understand why cyber terrorism acts are committed, this study presents the context of cyber terrorism from motivational perspectives. Motivational forces behind cyber terrorism can be social, political, ideological and economic. In this research, data are analyzed using a qualitative method. A semi-structured interview with purposive sampling was used for data collection. With the growing interconnectedness between critical infrastructures and Information & Communication Technology (ICT), selecting targets that facilitate maximum disruption can significantly influence terrorists. This work provides a baseline for defining the concept of cyber terrorism from motivational perspectives.

Keywords: cyber terrorism, terrorism, motivation, qualitative analysis

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576 The Impact of India’s Centre-State Relations on its Maritime Counter-Terrorism Strategy

Authors: Riddhi Shah

Abstract:

Centre-state relations in India are a fascinating area of studies. The structure of the relationship has an effect on every single aspect of life as we know it in India. This paper is an attempt to study centre-state relations in the context of India’s maritime counter-terrorism strategy. Although the Government of India has not publicly stated its counter-terrorism strategy on the sea; intelligence, information sharing, crisis response, finances for internal security and the nation’s legislation for battling terrorism together comprise of India’s maritime-terrorism strategy. Through study of these areas, the paper argues that the centre-state divide has had systemic implications on India’s maritime security and has largely done more harm than good to collective initiatives that aspire to prevent future risk of terrorism from the sea or on the sea.

Keywords: counter-terrorism, maritime terrorism, India, federalism, centre-state relations

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575 Psychology of Terrorism: Psychology of War

Authors: Saeed Wahass

Abstract:

Terrorism is a universal phenomenon. It is an enemy to the world and humanity, representing the most essential challenges facing developing and developed societies of the world. Terrorism is traumatically a major cause for death and disability. Developing societies are catastrophically suffering more in comparing to developed ones. Importantly, the terrorism may have been emigrated from developing societies; therefore, it cannot be appropriately explained/understood elsewhere. Developing societies have attempts for solutions. These attempts may have contributed somehow to either overcoming temporally terrorism or at least waterless its fountains. It appears these attempts are fallen on personal experiences/local endeavours related to the nature of those societies and cultures. The missing issue is the involvement of the applications of psychological theories for understanding terrorism as a phenomenon. However, terrorism is behaviour, like other behaviours, it can be explained, analysed and predicted while psychology is involved as the science of behaviour and mental process. Later than, solutions whatever they are (intervention/prevention) have to be born from the womb of psychological theories explaining/understanding terrorism. This paper is an endeavour to shed light on psychological theories which may present an explanation for terrorism, as a behavioural phenomenon, looking for the effective evidence-based interventions/prevention. An emphasis will be on the experiences of developing countries which may have made/incubated terrorism.

Keywords: psychology, terrorism, humanity, developing societies

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574 The Evolution of Domestic Terrorism: Global Contemporary Models

Authors: Bret Brooks

Abstract:

As the international community has focused their attention in recent times on international and transnational terrorism, many nations have ignored their own domestic terrorist groups. Domestic terrorism has significantly evolved over the last 15 years and as such nation states must adequately understand their own individual issues as well as the broader worldwide perspective. Contemporary models show that obtaining peace with domestic groups is not only the end goal, but also very obtainable. By evaluating modern examples and incorporating successful strategies, countries around the world have the ability to bring about a diplomatic resolution to domestic extremism and domestic terrorism.

Keywords: domestic, evolution, peace, terrorism

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573 Human Rights and Counter-Terrorism in Nigeria: A Systematic Review

Authors: Tarela J. Ike

Abstract:

Over the years, the hemorrhagic acts of Boko Haram have led to the adoption of counter-terrorism measures which mostly takes the form of military repressive measures. These measures have wrought flagrant violation of human rights worthy of concern. Hence, the need to examine the efficacy of the counter-terrorism measures adopted by the Nigeria government in combatting terrorism. This article addresses this issue by relying on a systematic literature review which examines the impact of Nigeria counter-terrorism measures from 2009 to 2016 in combating terrorism. The review of literature includes 42 article. Of the 42 articles, 14 met the peer-reviewed requirement which finds that most of Nigeria’s counter-terrorism policies are geared toward the use of state repressive military approach which violates the human right. Thus, the study concludes that to effectively address the terrorist uprising; Nigeria should adopt a non-aggressive counter-terrorism approach which incorporates religious clerics, and community active engagement strategy in combatting terrorism as opposed to military retaliation which violates human right and so far proved ineffective.

Keywords: Boko Haram, counter-terrorism, human rights, military retaliation

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572 Domestic and Foreign Terrorism: Evaluation of the Breeding Ground

Authors: T. K. Hung

Abstract:

Terrorism acts have occurred across both developed and developing states, with well-identified motivation and causes. For many years, terrorism eradication has become a major topic yet only passive actions were taken in response to acts. The linkage between the location of terrorism occurrence and breeding ground is not well-documented, resulting in the passive approach used in counter-terrorism nowadays. The evaluation investigates all post-9/11 terrorism affairs considering their state capacity, safety, ease of border access control, religion diversity, and technology access, to measure the level of breeding ground of the states. Those "weak" states with poor border access control, resources capacity and domestic safety are the best breeding ground for terrorists. Although many attacks were caused by religious motivation, religion diversity does not predict the breeding ground. States with censored technology access, particular computer-mediated communication, predict on the terrorism breeding ground, moderated by the level of breeding ground of neighboring states.

Keywords: counter-terrorism, lethality, security, terrorism

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571 Looking At Labor Trafficking In Poland

Authors: Ashlyn Smith, Chloe Zampelli, Vincent Manna, Vernon Murray

Abstract:

According to Polaris (a UN affiliate), there are currently 44 million human trafficking victims globally. Using a sample of 137 labor trafficking victims in Poland, we found that all were Ukrainian citizens. We categorized victims according to the “Victim Intervention Marketing” (Murray) social marketing framework. The largest victim type consisted of “Willing Assimilators” (57%). This means they entered their particular trafficking situations without coercion and were left at will. Such victims are typically driven by financial desperation. Twenty percent (20%) of Willing Assimilators were men, and 80% were women. Victims who were not Willing Assimilators were forced as either “Enlightened Apostates” (37%) or “Tricked and Trapped” (7%). All of the forced victims were women. Crosstabs with Chi-square test (Pearson Chi-Square test significance = .002) results indicated that the male victims were all between 30 and 38 years old, while female victim ages ranged from 24 to 47. Accordingly, labor trafficking victim interventions in Poland should be age-sensitive and focus on three areas: 1) economic development for the Willing Assimilators, 2) training to identify fraudulent job postings, etc. for the Tricked and Trapped segment, and 3) training to equip potential victims to distrust certain close “loved ones” for the Enlightened Apostates.

Keywords: Poland, labor trafficking, social marketing, victim intervention marketing

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570 From the Local to the Global: New Terrorism

Authors: Shamila Ahmed

Abstract:

The paper examines how the fluidity between the local level and the global level is an intrinsic feature of new terrorism. Through using cosmopolitanism, the narratives of the two opposing sides of ISIS and the ‘war on terrorism’ response are explored. It is demonstrated how the fluidity between these levels facilitates the radicalisation process through exploring how groups such as ISIS highlight the perceived injustices against Muslims locally and globally and therefore exploit the globalisation process which has reduced the space between these levels. Similarly, it is argued that the ‘war on terror’ involves the intersection of fear, security, threat, risk and social control as features of both the international ‘war on terror’ and intra state policies.

Keywords: terrorism, war on terror, cosmopolitanism, global level terrorism

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569 The Role of Regional Economic Communities in Fighting Terrorism in Africa: The Case of Inter-Governmental Authority on Development (IGAD)

Authors: Memar Ayalew Demeke, Solomon Gebreyohans Gebru

Abstract:

In Africa, Regional Economic Communities (RECs) were initially established to tackle the economic challenges of the continent. However, overtime, they expanded their mandate to deal with the security threats of the continent such as terrorism. In fact, the fight against terrorism has been internationalized following the September 9/11 terrorist attack in the U.S.A. Since then, RECs have been giving considerable attention to preventing and combating terrorism in their respective regions. Similarly, IGAD has been involved in preventing and combating terrorism. So far, however, little has been done with regard to what IGAD has performed in fighting terrorism. Therefore, this study was intended to describe and analyze the legal and practical activities carried out by IGAD in its fight against terrorism in the region general and in Somalia in particular. Both descriptive and analytical methods were employed and data were analyzed through qualitative approach. Finally, based on the findings, the study argues that, instead of over-reliance on hard power as a means of fighting terrorism, IGAD should invest more on the political and socio-economic problems of its member states so as to address the root causes.

Keywords: regional economic communities, IGAD, terrorism, treaties, conventions

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568 The Role of the Indonesian Armed Forces to Combat Terrorism Acts During the COVID 19 Pandemic Era

Authors: Aulia Rosa Nasution

Abstract:

This research aims to analyze the involvement of the Indonesian Armed Forces in overcoming terrorism acts under legal perspectives based on Acts No. 34 of 2004, which regulates the role and mechanism of the Indonesian Armed Forces in combating terrorism. The main question of this research is, firstly, the military authority in combating terrorism acts, secondly, the implementation of Acts Number 34/2000, and thirdly, law enforcement to combat terrorism under national and international law. The methodology of this research is juridical normative based on the legal instruments and legal principles, and international norms. The result of this study explains the involvement of the Indonesian Army in combating terrorism as a part of the nonmilitary operation which has been implemented in Indonesia as part of national defence and security.

Keywords: acts of terrorism, Indonesian armed forces, legal protection

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567 Women and Terrorism in Nigeria: Policy Templates for Addressing Complex Challenges in a Changing Democratic State

Authors: Godiya Pius Atsiya

Abstract:

One of the most devastating impacts of terrorism on the Nigerian state is the danger it has posed on women, children and other vulnerable groups. The complexity of terrorism in Nigeria, especially in most parts of Northern Nigeria has entrenched unprecedented security challenges such as refugee crisis, kidnapping, food shortages, increase in death tolls, malnutrition, fear, rape and several other psychological factors. Of particular interest in this paper as it relates to terrorism is the high rate of Internally Displaced Persons(IDPs), with women, children and the aged being the most affected. Empirical evidence arising from recent development in Nigeria’s North-East geo-political zone shows that large numbers of refugees fleeing the Boko Haram attacks have doubled. The attendant consequences of this mass exodus of people in the affected areas are that the victims now suffer untold and unwarranted economic hardship. In another dimension, recent findings have it that most powerless women and young teenage girls have been forcefully conscripted into the Islamic extremist groups and used as shields. In some respect, these groups of people have been used as available tools for suicide bombing and other criminal tendencies, the result of which can be detrimental to social cohesion and integration. This work is a theoretical insight into terrorism discourses; hence, the paper relies on existing works of scholars in carrying out the research. The paper argues that the implications of terrorism on women gender have grounding effects on the moral psyche of women who are supposed to be home managers and custodians of morality in society. The burden of terrorism and all it tends to propagate has literally upturned social lives and hence, Nigeria is gradually being plunged into the Hobesian state of nature. As a panacea to resolving this social malaise, the paper submits that government and indeed, all stakeholders in the nation’s democratic project must expedite action to nip this trend in the bud. The paper sums up with conclusion and other alternative policy measures to mitigate the challenges of terrorism in Nigeria.

Keywords: changing democratic state, policy measures, terrorism, women

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566 Victims Legal Representation before International Criminal Court: Freedom of Choice and Role of Victims Legal Representatives

Authors: Erinda Male

Abstract:

Participation of a lawyer in any criminal proceedings on behalf of an accused person or a victim is essential to a fair trial. Legal representation is particularly crucial in proceedings before international tribunals, especially in the International Criminal Court. The paper thus focuses on the importance of the legal representation of victims and defendants before the ICC, as well as on the role of the legal representative in the proceedings before the court and the principle of freedom of choice of legal representatives. Also, the paper presents a short overview of the significance of legal representatives for victims and the necessity to protect their primary role in the ICC system, and ensure that it is coherent and respectful of victims’ rights. Victim participation is an important part of the ICC Statute and it is designed to help ensure that those most affected by the crimes are able to engage with the Court. Proper and quality legal representation ensures meaningful participation of victims at stages of the proceedings before ICC. Finally, the paper acknowledges the role of legal representatives during the pre-trial, trial and post-trial phase, the different modalities in selecting the legal representatives as well as balancing victims’ participation with the right of the accused to a fair trial.

Keywords: fair trial, freedom of choice principle, international criminal court, legal representatives, victims

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565 4P-Model of Information Terrorism

Authors: Nataliya Venelinova

Abstract:

The paper proposes a new interdisciplinary model of reconsidering the role of mass communication effects by coverage of terrorism. The idea of 4P model is based on the synergy, created by the information strategy of threat, predominantly used by terrorist groups, the effects of mediating the symbolic action of the terrorist attacks or the taking of responsibility of any attacks, and the reshaped public perception for security after the attacks being mass communicated. The paper defines the mass communication cycle of terrorism, which leads not only to re-agenda setting of the societies, but also spirally amplifying the effect of propagating fears by over-informing on terrorism attacks. This finally results in the outlining of the so called 4P-model of information terrorism: mass propaganda, panic, paranoia and pandemic.

Keywords: information terrorism, mass communication cycle, public perception, security

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564 Compensation for Victims of Crime and Abuse of Power in Nigeria

Authors: Kolawole Oyekan Jamiu

Abstract:

In Nigerian criminal law, a victim of an offence plays little or no role in the prosecution of an offender. The state concentrates only on imposing punishment on the offender while the victims of crime and abuse of power by security agencies are abandoned without any compensation either from the State or the offender. It has been stated that the victim of crime is the forgotten man in our criminal justice system. He sets the criminal law in motion but then goes into oblivion. Our present criminal law does not recognise the right of the victim to take part in the prosecution of the case or his right to compensation. The victim is merely a witness in a state versus case. This paper examines the meaning of the phrase ‘the victims of crime and abuse of power’. It needs to be noted that there is no definition of these two categories of victims in any statute in Nigeria. The paper also considers the United Nations General Assembly Declaration of Basic Principle of Justice for Victims and abuse of power. This declaration was adopted by the United Nations General Assembly on the 25th of November 1985. The declaration contains copious provisions on compensation for the victims of crime and abuse of power. Unfortunately, the declaration is not, in itself a legally binding instrument and has been given little or no attention since the coming into effect in1985. This paper examines the role of the judiciary in ensuring that victims of crime and abuse of power in Nigeria are compensated. While some Judges found it difficult to award damages to victims of abuse of power others have given some landmark rulings and awarded substantial damages. The criminal justice ( victim’s remedies) Bill shall also be examined. The Bill comprises of 74 sections and it spelt out the procedures for compensating the victims of crime and abuse of power in Nigeria. Finally, the paper also examines the practicability of awarding damages to victims of crime whether the offender is convicted or not and in addition, the possibility of granting all equitable remedies available in civil cases to victims of crime and abuse of power so that the victims will be restored to the earlier position before the crime.

Keywords: compensation, damages, restitution, victims

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563 Countering Terrorism through Social Media: Case Study in Indonesia

Authors: Mauly Budiyanti, Aisyah M. Anggiana

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Terrorism is a threat to national security since the war on terror era after the tragedy of 9/11. The shifting of national threat from military to non-military centric leads us to recognize that military action is not the only way to face and solve terrorism. Alongside the use of military action to counter terrorism, Indonesia has another way to counter it by using the role of social media. The role of social media on spreading positivity to counter terrorism has the power to show that people now are fearless toward terrorist attack because their goal is to make sure that people are threatened enough by the way they act. This is showing the emergence of the non-state actor has a big impact on national security, as well as pluralism, said about the involving of non-state actor on international events. In this paper, we will examine the role of social media in countering terrorism based on study case in Indonesia.

Keywords: Indonesia, national security, social media, terrorism.

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562 The Utility and the Consequences of Counter Terrorism Financing

Authors: Fatemah Alzubairi

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Terrorism financing is a theme that dramatically evolved post-9/11. Supra-national bodies, above all UN Security Council and the Financial Action Task Form (FATF), have established an executive-like mechanism, which allows blacklisting individuals and groups, freezing their funds, and restricting their travel, all of which have become part of states’ anti-terrorism frameworks. A number of problems arise from building counter-terrorism measures on the foundation of a vague definition of terrorism. This paper examines the utility and consequences of counter-terrorism financing with considering the lack of an international definition of terrorism. The main problem with national and international anti-terrorism legislation is the lack of a clear objective definition of terrorism. Most, if not all, national laws are broad and vague. Determining what terrorism remains the crucial underpinning of any successful discussion of counter-terrorism, and of the future success of counter-terrorist measures. This paper focuses on the legal and political consequences of equalizing the treatment of violent terrorist crimes, such as bombing, with non-violent terrorism-related crimes, such as funding terrorist groups. While both sorts of acts requires criminalization, treating them equally risks wrongfully or unfairly condemning innocent people who have associated with “terrorists” but are not involved in terrorist activities. This paper examines whether global obligations to counter terrorism financing focus on controlling terrorist groups more than terrorist activities. It also examines the utility of the obligations adopted by the UN Security Council and FATF, and whether they serve global security; or whether the utility is largely restricted to Western security, with little attention paid to the unique needs and demands of other regions.

Keywords: counter-terrorism, definition of terrorism, FATF, security, terrorism financing, UN Security Council

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561 Using the Family Justice System to Respond to ISIS Returnees: The UK Experience

Authors: Fatima Ahdash

Abstract:

Over the last 6-7 years, the UK has resorted to using the family courts and the family justice system more generally as a way of dealing with children and young people either traveling to or returning from ISIS territories in the Middle East. This is an important innovation in counter-terrorism laws and practices in the UK: never before have the family courts been used for the purpose of preventing and countering terrorism anywhere in the world. This paper will examine this innovation; it will explore how, why, and the implications of the interaction between family law and counter-terrorism, particularly on the human rights of the parents and children involved. It will question whether the use of the family courts provides a more useful, and perhaps human rights compliant, method of tackling terrorism and extremism when compared to other more Draconian legal and administrative methods.

Keywords: counter-terrorism, family justice, law, human rights

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560 Terrorism Is a Crime under International Law

Authors: Miguel Manero De Lemos

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The ‘innovative and creative’ seminal decision of the Special Tribunal for Lebanon (STL) was not welcomed by academic opinion. The court recognized that terrorism is a crime under international law in times of peace. Scholars widely – and sometimes aggressively – criticize this conclusion. This article asserts that, while some aspects of the decision of the STL might be defective, the basic premise, that it is indeed such a crime, is sound. This article delves into the method that the court used to attain such an outcome and explains why the conclusion of the court is correct, albeit the use of a different method is to be preferred. It also argues that subsequent developments leave little room to keep arguing that there is no international crime of terrorism.

Keywords: terrorism, STL, crime, international criminal law

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559 Financial and Human Resources of Terrorism

Authors: Abdurrahman Karacabey

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Threat paradigm has shifted throughout the history. Considering conjuncture of our time, a major threat for humanity is terrorism. Although variety of reasons are influential, financial, and human resources are the vital needs for terrorist groups. It is known that terrorism is a significant term while taking decisions in diplomatic, politic, and military issues. Even though the methods to provide resources for terrorism are quite similar, there are still some differences for deterrent terrorist groups being active in various regions of the globe. Due to social and psychological reasons activists have generally similar excuses to join terrorist groups.At the same time, terrorists’ fiscal activities to secure permanence of terrorism, occupy the politics of the countries. Besides, preventive actions are expensive creating huge burdens in host nation’s economy. This paper elaborates on how ISIS is providing human and economic resources, course of actions to overcome ISIS is on the agenda of all countries.

Keywords: financial resources, human resources, isis, terrorism

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558 American Criminal Justice Responses to Terrorism in the Post 9/11 Era

Authors: Summer Jackson

Abstract:

September 11, 2001 terrorist attacks exposed weaknesses in federal law enforcement’s ability to proactively counter threats to American homeland security. Following the attacks, legislative reforms and policy changes cleared both bureaucratic and legal obstacles to anti-terrorism efforts. The Federal Bureau of Investigation (FBI) transformed into a domestic intelligence agency responsible for preventing future terrorist attacks. Likewise, the passage of the 2001 USA Patriot Act gave federal agents new discretionary powers to more easily collect intelligence on those suspected of supporting terrorism. Despite these changes, there has been only limited scholarly attention paid to terrorism responses by the federal criminal justice system. This study sought to examine the investigative and prosecutorial changes made in the Post-9/11 era. The methodology employed bivariate and multivariate statistics using data from the American Terrorism Study (ATS). This analysis examined how policy changes are reflected in the nature of terrorism investigations, the handling of terrorist defendants by federal prosecutors, and the outcomes of terrorism cases since 2001. The findings indicate significant investigative and prosecutorial changes in the Post-9/11 era. Specifically, this study found terrorism cases involved younger defendants, fewer indictees per case, less use of human intelligence, less complicated attacks, less serious charges, and more plea bargains. Overall, this study highlights the important shifts in responses to terrorism following the 9/11 attacks.

Keywords: terrorism, law enforcement, post-9/11, federal policy

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557 Opportunities and Optimization of the Our Eyes Initiative as the Strategy for Counter-Terrorism in ASEAN

Authors: Chastiti Mediafira Wulolo, Tri Legionosuko, Suhirwan, Yusuf

Abstract:

Terrorism and radicalization have become a common threat to every nation in this world. As a part of the asymmetric warfare threat, terrorism and radicalization need a complex strategy as the problem solver. One such way is by collaborating with the international community. The Our Eyes Initiative (OEI), for example, is a cooperation pact in the field of intelligence information exchanges related to terrorism and radicalization initiated by the Indonesian Ministry of Defence. The pact has been signed by Indonesia, Philippines, Malaysia, Brunei Darussalam, Thailand, and Singapore. This cooperation mostly engages military acts as a central role, but it still requires the involvement of various parties such as the police, intelligence agencies and other government institutions. This paper will use a qualitative content analysis method to address the opportunity and enhance the optimization of OEI. As the result, it will explain how OEI takes the opportunities as the strategy for counter-terrorism by building it up as the regional cooperation, building the legitimacy of government and creating the legal framework of the information sharing system.

Keywords: our eyes initiative, terrorism, counter-terrorism, ASEAN, cooperation, strategy

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