Who Becomes a Jihadist in Australia?
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Protecting the Right to a Fair Trial in the 21St Century – Has Trial by Jury Been Caught in the World Wide Web? Roxanne Burd and Jacqueline Horan*
Protecting the right to a fair trial in the 21st century – has trial by jury been caught in the world wide web? Roxanne Burd and Jacqueline Horan* The growing availability of information is challenging the right to a fair trial in the 21st century. For decades courts have maintained the integrity and impartiality of the jury by shielding jurors from pre-trial publicity. However, as the traditional forms of media have expanded into the world wide web, it has become increasingly difficult to control both the dissemination of information and the conduct of jurors. This article explores the level of prejudicial impact of publicity on high profile trials. Remedies to alleviate such an impact are discussed. INTRODUCTION In 2010, an order was made to suppress the identity of an 18-year-old South Australian man being investigated for the murder of three of his family members. However, a Facebook site dedicated to the memory of the victims had been used to identify and abuse the alleged murderer.1 Not only did this publication hinder the police investigation but there is a risk that the right of the defendant to a fair trial will be compromised. There is nothing preventing jurors from downloading Facebook pages, online news, blogs, and videos on YouTube, using their mobile internet service. In an era of digital communication, the question must be asked: can, and if so how, should the right to a fair trial be maintained in high profile criminal matters? This article argues that the increasing proliferation of prejudicial publicity justifies a shift away from the Australian strategy of prevention and towards reforming the jury trial. -
Interview with Max Hill, QC, Independent Reviewer of Terrorism Legislation for the United Kingdom by Sam Mullins1
PERSPECTIVES ON TERRORISM Volume 12, Issue 2 Policy Brief Interview with Max Hill, QC, Independent Reviewer of Terrorism Legislation for the United Kingdom by Sam Mullins1 Abstract The following text is a transcript of an interview between the author and the Independent Reviewer of Terrorism Legislation (IRTL) for the United Kingdom, Max Hill, QC, which took place on March 9, 2018 in Garmisch-Partenkirchen, Germany. Topics discussed included the role of the IRTL, prosecution of terrorism in the UK, returning foreign fighters, terrorism prevention and investigation measures (TPIMs), deportation of terrorism suspects, the involvement of children in terrorism, hate-preachers, and the British government’s efforts to counter non-violent extremism. The transcript has been edited for brevity. Keywords: terrorism, counter-terrorism, prosecution, security, human rights, civil liberties, United Kingdom. Introduction Security versus civil liberties. How to safeguard the population from the actions of terrorists, while at the same time preserving fundamental rights such as freedom of speech, movement and association? This is the age-old debate that lies at the heart of counter-terrorism (CT) in liberal democracies. The precise balance varies from country to country and across time but in the aftermath of attacks it is particularly likely to tip in favour of security, sometimes at the expense of certain liberties. The UK is no stranger to terrorism, but - similar to many other countries around the world - it has been on a heightened state of alert since 2014 when ISIS declared its caliphate, and last year the UK was rocked by a string of successful attacks, resulting in 36 fatalities [1]. -
Anti-Terrorism Control Orders in Australia and the United Kingdom: a Comparison
Parliament of Australia Department of Parliamentary Services Parliamentary Library Information, analysis and advice for the Parliament RESEARCH PAPER www.aph.gov.au/library 29 April 2008, no. 28, 2007–08, ISSN 1834-9854 Anti-terrorism control orders in Australia and the United Kingdom: a comparison Bronwen Jaggers Law and Bills Digests Section Executive summary • Control orders have been part of Australian anti-terrorism legislation since December 2005. A control order is issued by a court (at the request of the Australian Federal Police) to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act. The types of obligations, prohibitions and restrictions may include a curfew at a particular address, wearing of an electronic monitoring tag, restrictions on use of telecommunications, regular reporting to police, and a range of other measures. Two control orders have been issued in Australia to date, those applying to Jack Thomas and David Hicks. • Australia’s control order scheme is in part based upon the United Kingdom model, however there are significant differences. • Criticisms of the Australian control order regime include concerns about the ex-parte nature of court hearings for interim control orders, reporting and accountability mechanisms, and questions surrounding whether the restrictions which may be imposed by control orders are sufficiently balanced with human rights protections. Contents Executive summary ..................................................... 1 Introduction ........................................................ 1 The Australian legislation .............................................. 1 Obtaining a control order ............................................. 2 Urgent interim control orders .......................................... 3 Ex-parte court proceedings and provision of documents ...................... 4 Terms of a control order ............................................. 5 Reviews/sunset clause .............................................. -
Style Attacks and the Threat from Lashkar-E-Taiba
PROTECTING THE HOMELAND AGAINST MUMBAI- STYLE ATTACKS AND THE THREAT FROM LASHKAR-E-TAIBA HEARING BEFORE THE SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JUNE 12, 2013 Serial No. 113–21 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 85–686 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY MICHAEL T. MCCAUL, Texas, Chairman LAMAR SMITH, Texas BENNIE G. THOMPSON, Mississippi PETER T. KING, New York LORETTA SANCHEZ, California MIKE ROGERS, Alabama SHEILA JACKSON LEE, Texas PAUL C. BROUN, Georgia YVETTE D. CLARKE, New York CANDICE S. MILLER, Michigan, Vice Chair BRIAN HIGGINS, New York PATRICK MEEHAN, Pennsylvania CEDRIC L. RICHMOND, Louisiana JEFF DUNCAN, South Carolina WILLIAM R. KEATING, Massachusetts TOM MARINO, Pennsylvania RON BARBER, Arizona JASON CHAFFETZ, Utah DONDALD M. PAYNE, JR., New Jersey STEVEN M. PALAZZO, Mississippi BETO O’ROURKE, Texas LOU BARLETTA, Pennsylvania TULSI GABBARD, Hawaii CHRIS STEWART, Utah FILEMON VELA, Texas RICHARD HUDSON, North Carolina STEVEN A. HORSFORD, Nevada STEVE DAINES, Montana ERIC SWALWELL, California SUSAN W. BROOKS, Indiana SCOTT PERRY, Pennsylvania MARK SANFORD, South Carolina GREG HILL, Chief of Staff MICHAEL GEFFROY, Deputy Chief of Staff/Chief Counsel MICHAEL S. TWINCHEK, Chief Clerk I. LANIER AVANT, Minority Staff Director SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE PETER T. -
R V Ul-Haque
ARTICLES AXIOMS OF AGGRESSION Counter-terrorism and counter-productivity in Australia WALEED ALY t did not take Australia long to reach for a legislative that ‘[t]he questioning and detention powers which response to the terrorist attacks of September I I, were passed in 2003 by both Houses of Parliament 2001. Within months, the Federal government was have proved important in progressing a number of proposing new anti-terrorism legislation promoting investigations,’ while simultaneously affirming that ‘ASIO whatI has since become a familiar scheme: new species has not yet had to use the detention powers which were of offences relating to a statutorily-defined terrorism, always intended to be used only in the most exceptional and expanded powers for police and the Australian circumstances.’4 Presently, as the British government Security Intelligence Organisation (ASIO) enabling is facing considerable opposition to its proposal to REFERENCES them to detain and question a person who may have extend the available period of detention of terror 1. This ultimately found its expression in July 2002 in the form of the Security information useful in countering a terrorist attack suspects without charge from 28 days to 42, Home Legislation Amendment (Terrorism) Act 2002 — possibly without access to a lawyer for 48 hours.1 Secretary Jacqui Smith’s description of the new limit as (Cth), and a year later in the Australian a ‘safeguard’ to be used in exceptional circumstances Security Intelligence Organisation Legislation Thus began the most dramatic era in Australia’s counter rather than a ‘target’ rings familiarly. All the while Smith Amendment (Terrorism) Act 2003 (Cth). -
The Kurdistan Workers Party
EXPLANATORY STATEMENT Issued by the authority of the Minister for Home Affairs Criminal Code Act 1995 Criminal Code (Terrorist Organisation—Lashkar-e-Tayyiba) Regulations 2018 The purpose of the Criminal Code (Terrorist Organisation—Lashkar-e-Tayyiba) Regulations 2018 (the Regulations) is to specify Lashkar-e-Tayyiba for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code.1 Lashkar-e-Tayyiba is currently specified for this purpose by the Criminal Code (Terrorist Organisation—Lashkar-e-Tayyiba) Regulation 2015, which is repealed by the Regulations. Details of the Regulations are set out in Attachment A. Section 5 of the Criminal Code Act 1995 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Schedule to the Act sets out the Criminal Code. Paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code provides that regulations can specify organisations for the purposes of the definition of ‘terrorist organisation’. Subsection 102.1(2) of the Criminal Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1), the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or advocates the doing of a terrorist act. -
Terrorism and the Law
Terrorism and the Law By Justice Peter McClellan I gratefully acknowledge the considerable research of Garth Riddell and the assistance of Penny Grist in the preparation of this paper. Contents CHAPTER 1: DEFINING KEY CONCEPTS .............................................................. 6 1.1 Introduction........................................................................................................................6 1.2 What is a “Terrorist Act”?................................................................................................7 1.2.1 Definition of “terrorist act” under NSW and Commonwealth Legislation...................7 1.2.2 Interpretation.................................................................................................................9 1.2.3 Geographical Scope of ”Terrorist Acts”.......................................................................9 1.3 What is a “Terrorist Organisation”? .............................................................................11 1.3.1 Historical Background ................................................................................................11 1.3.2 Definition of “terrorist organisation”..........................................................................12 1.3.3 Listing Terrorist Organisations...................................................................................12 CHAPTER 2: CONVENTIONAL CRIMINAL LAWS THAT MAY APPLY TO TERRORIST ACTS OR ORGANISATIONS ............................................................ 15 2.1 Introduction......................................................................................................................15 -
The Internal Dynamics of Terrorist Cells: a Social Network
THE INTERNAL DYNAMICS OF TERRORIST CELLS: A SOCIAL NETWORK ANALYSIS OF TERRORIST CELLS IN AN AUSTRALIAN CONTEXT STUART KOSCHADE Bachelor of Arts (First Class Honours) Centre for Social Change Research Queensland University of Technology Thesis submitted for the Doctor of Philosophy qualification 2007 i KEYWORDS: terrorism, terrorist cells, terrorism studies, social network analysis, Croatian Revolutionary Brotherhood, Ustashi, Ustasha, Aum Shinrikyo, Lashkar-e- Taiba, Jemaah Islamiyah, history of terrorism, Australia, destabilisation techniques, betweenness, critical node, counter-terrorism, Willie Brigitte, Faheem Khalid Lodhi, Shoko Asahara, Imam Samudra, Muklas, Bali bombing, Islamic extremism. ABSTRACT: The rise of the 21st Century Islamic extremist movement, which was mobilised by the al-Qaeda attacks of and responses to September 11, 2001, heralds a new period in the history of terrorism. The increased frequency and intensity of this type of terrorism affects every nation in the world, not least Australia. Rising to meet the challenges posed by terrorism is the field of terrorism studies, the field which aims at understanding, explaining, and countering terrorism. Despite the importance of the field, it has been beleaguered with criticisms since its inception as a response to the rise of international terrorism. These criticisms specifically aim at the field’s lack of objectivity, abstraction, levels of research, and levels of analysis. These criticisms were the impetus behind the adoption of the methodology of this thesis, which offers the distinct ability to understand, explain, and forecast the way in which terrorists interact within covert cells. Through social network analysis, this thesis examines four terrorist cells that have operated in or against Australia. -
Report to Parliament 2004-05
Australian Security Intelligence Organisation REPORT TO PARLIAMENT 20042005 ISSN 0815-4562 ISBN 0-9751485-2-4 ¤ Commonwealth of Australia This document is the property of the Commonwealth of Australia. Its contents must not be copied or disseminated. This is an exempt document under subsection 7(1) of the Freedom of Information Act 1982. Produced and printed by the Australian Security Intelligence Organisation. Page ii DRAFT ONLY 19 Page iii ASIO Report to Parliament 2004–2005 Page iv ASIO Report to Parliament 2004–2005 CONTENTS ASIO and its Annual Report......................................................................................vii Part 1: Overview ........................................................................................................1 The Year in Review ..................................................................................................3 Agency Overview .....................................................................................................7 Outcome and Output Structure ................................................................................9 ASIO's Funding and Performance ..........................................................................11 Part 2: Output Performance .....................................................................................13 Output 1: Security Intelligence Analysis and Advice..............................................15 Output 2: Protective Security Advice .....................................................................29 Output -
Hacktivism Or Cyber- Terrorism?
474 UNSW Law Journal Volume 33(2) OPERATION TITSTORM: HACKTIVISM OR CYBER- TERRORISM? KEIRAN HARDY * Re: Operation Titstorm post #17 Hey the cult is already trying to label us as terrorists and as you put it once you mess with the gover[n]ment things start getting messy. If we don’t do damage control then they really will be capable of truthfully calling us terrorists for attacking a government. 1 I INTRODUCTION On 10 February 2010, an internet based group of protesters calling themselves ‘Anonymous’ launched a cyber-attack on the Australian Parliament House website. Aptly named ‘Operation Titstorm’, the attack was launched by the group to protest against the Rudd government’s plans to introduce a mandatory internet filter banning pornographic images of animated characters, small breasted women and female ejaculation. It brought down the website for three days by flooding it with network traffic – up to 7.5 million requests per second – and it bombarded parliamentary email addresses with pornographic material (ironically, of the very kind the government intends to ban). It also * LLB Candidate, University of New South Wales; Research Assistant, Australian Research Council Laureate Fellowship on Anti-Terrorism Law, Gilbert + Tobin Centre of Public Law, University of New South Wales. I would like to thank the anonymous reviewers for their comments on an earlier version of this paper. Any remaining errors are my own. 1 urbanhawk, ‘Re: Operation Titstorm’ on Anonymous Activism Forum, Why We Protest (6 May 2010) <http://forums.whyweprotest.net/292-freedom-expression/operation-titstorm-61002/>. 2010 Forum: Operation Titstorm: Hacktivisim or Cyber-Terrorism? 475 plastered a selection of this questionable material across the Prime Minister’s homepage. -
Pakistan Human Rights Ignored in the "War on Terror"
Pakistan Human rights ignored in the "war on terror" 1. Introduction "I cannot believe that there can be a trade between the effective fight against terrorism and the protection of civil liberties. If as individuals we are asked to give up our freedom, our liberties, our human rights, as protection against terrorism, do we in the end have protection?" UN Secretary-General Kofi Annan, September 2006.(1) In its pursuit of the US-led "war on terror", the Pakistani government has committed numerous violations of human rights protected in the Constitution of Pakistan and in international human rights law. They include the right to life and the security of the person; to be free from torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment); to be free from enforced disappearance and to challenge the lawfulness of detention. Victims of human rights violations in the "war on terror" include Pakistani and non-Pakistani terror suspects, men and some women, children of terror suspects, sometimes held as hostages, journalists who have reported on the "war on terror" and medical personnel who allegedly treated terror suspects.(2) Irrespective of the "war on terror", the people of Pakistan suffer widespread violations of their civil and political rights. In Pakistan, torture and ill-treatment are endemic; arbitrary and unlawful arrest and detention are a growing problem; extrajudicial executions of criminal suspects are frequent; well over 7,000 people are on death row and there has recently been a wave of executions. Discriminatory laws deny the basic human rights of women and of minority groups. -
Professor Clive Williams Visiting Fellow, Strategic and Defence Studies Centre, ANU the Evolution of Terrorism in the 21St Centu
Professor Clive Williams Visiting Fellow, Strategic and Defence Studies Centre, ANU The Evolution of Terrorism in the 21st Century – and its Implications for Australia Australian Institute of International Affairs – ACT Branch 4 October, 2011 The focus of what I will be talking about is Australia; there is a lot of material produced around 9/11 which relates to international issues. I will put more of a focus on things that have happened here. I am going to run through various terrorism-related events in chronological order and talk briefly about them. You might remember Jack Roach. He came back to Australia from Indonesia in 2000 and he was planning to do terrorist attacks here. He had been sponsored by JI in Indonesia and when he got back to Australia was supposed to make contact with JI and get some assistance to do attacks. He looked at various target options. One was Joseph Gutnick; the other was the Israeli Embassy in Canberra. But when he did not get any support he decided it wasn’t such a good idea after all. He tried to contact ASIO; he was later interviewed by Sally Neighbour and said he had tried to contact ASIO three times and they hadn’t responded. So it just shows you how things have changed between 2000 and today. He would have security agents all over him today, He was tried based on admissions he had made to The Australian newspaper and served some jail time and was released in 2007. In 2001 George Bush became the 43rd President of the United States.