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Anti-terrorism legislation

Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government.

International conventions related to terrorism and counter-terrorism cases edit

Terrorism has been on the international agenda since 1934, when the League of Nations, predecessor of the United Nations, began the elaboration of a convention for the prevention and punishment of terrorism.[1] Although the convention was eventually adopted in 1937, it never came into force.

Today, there are 15 counter-terrorism international conventions in force. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency (IAEA). Moreover, on 8 September 2006, the UN General Assembly adopted a "Global Counter-Terrorism Strategy".[2]

Conventions open to all states edit

A 16th international convention, a proposed Comprehensive Convention on International Terrorism, is currently under negotiations.

Security Council Resolutions edit

Regional conventions edit

Europe edit

Commonwealth of Independent States edit

  • Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism (Minsk, June 1999)

The Americas edit

Africa edit

  • (Algiers July 1999) and , Addis Ababa July 2004) [as of 30 August 2005 the Protocol was not yet in force]

Asia edit

  • SAARC Regional Convention on Suppression of Terrorism (Kathmandu, November 1987)
  • Additional Protocol to the convention, Islamabad, January 2004 [As of 30 August 2005 not yet in force].
  • The ASEAN Convention On Counter Terrorism, Cebu, Philippines, 13 January 2007 [In force from 27 May 2011, on 22 January 2013 all ASEAN members signed the ACCT]

South Korea edit

  • Act on prohibition against the financing of terrorism (February 29, 2008)

→(rev)Act on prohibition against the financing of terrorism and proliferation of weapons of mass destruction (March 29, 2016)

  • Act on anti-terrorism for the protection of citizens and public security[6] (March 3, 2016)

League of Arab States edit

  • Arab Convention on the Suppression of Terrorism (Cairo, April 1998)

Organization of the Islamic Conference edit

  • (Ouagadougou, July 1999)

Anti-terrorist legislation in the European Union edit

European Union edit

  • EU Framework Decision on Terrorism
  • EU Directive 2017/541 on combating terrorism

European Court of Human Rights cases related to anti-terrorist legislation edit

  • Anna Maroufidou v. Sweden - 1981
  • Brogan and others v. the UK - 11209/84;11234/84;11266/84;... [1988] ECHR 24 (29 November 1988)

Belgium edit

  • Belgium Anti-Terrorism Act 2003

France edit

France has passed a variety of anti-terrorist laws, the first of which being the 19th-century lois scélérates restricting freedom of expression. Today, magistrates in the Justice Ministry anti-terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them.[7]

Ireland (Republic of) edit

Italy edit

Italy passed various anti-terrorist laws during the "Years of Lead" (anni di piombo) in the 1970s.

The Reale Act was adopted on 22 May 1975. It allowed the police to carry out searches and arrest persons without being mandated by an investigative judge. Interrogation could take place without the presence of a lawyer. Critics underlined that this contradicted article 3 of the Constitution on equality before the law.[9]

Preventive detention was fixed before 1970 to two years, for a possible sentence going between 20 years to perpetuity, while it was limited to one year for charges of crimes leading to a sentence of less than 20 years. It passed to four years after 1970. A decree-law of 11 April 1974 authorized a four-year detention until the first judgment, six years until the appeal, and eight years until the definitive judgment. In case of indictment for "acts of terrorism," the preventive detention was extended to twelve years.[9]

The Cossiga decree-law was passed on 15 December 1979. It prolonged the length of preventive detention relative to terrorism suspicions and allowed wiretaps. Critics have pointed out that this violated articles 15 and 27 of the Constitution.[9] The Cossiga decree-law also created the status of pentito (officially "collaborators of justice"): those accused of terrorism crimes and who accepted of confessing them and of informing the authorities about their accomplices could be liberated.

Law n°191 of May 21, 1978, called "Moro law", and law n°15 of February 6, 1980, were ratifications by the assembly of decrees of emergency enacted by the executive power, respectively on March 28, 1978, and on December 15, 1979.[10]

United Kingdom edit

UK anti-terrorism legislation is subject to regular review by the Independent Reviewer of Terrorism Legislation.

Anti-terrorism legislation in common law countries (other than the UK) edit

Australia edit

The Civil Rights Network opposes such legislation. Elizabeth Evatt, a federal judge, has criticized John Howard's 2005 anti-terrorism bill, particularly provisions relating to control orders and preventive detention, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."[12]

Bangladesh edit

Canada edit

India edit

New Zealand edit

Pakistan edit

  • Suppression of Terrorist Activities Ordinance, 1975 enacted by Zulfikar Ali Bhutto.[17] The law remained in force in the Sindh Province and the Punjab Province until its repeal in 1997,[17] and remained the law in the North West Frontier Province (NWFP) and Baluchistan until August 2001.[17]
  • 1997 Anti-Terrorism Act, signed on August 17, 1997, by then Prime Minister Nawaz Sharif.[18][19] The law, which included a broad definition of "terrorism", was enacted after a January 1997 bombing by Mehram Ali, a member of the Shia militant organization Tehrik Nifaz Fiqh-i-Jafaria (TNFJ).[17] The Anti-Terrorism Act created specials Anti-Terrorism Courts (ATC) as well as an Anti-Terrorism Appellate (ATA) Tribunal.[17] Merham Ali was subsequently tried before those special courts, but made an appeal to the Supreme Court, which confirmed his death sentence, but declared most of the 1997 Anti-Terrorism Act unconstitutional.[17]
  • 24 October 1998 Anti-Terrorism (Amendment) Ordinance issued by Nawaz Sharif's government to respond to most of the Supreme Court's objections.[17] According to political scientist Charles H. Kennedy, "Special Anti-Terrorism courts remained in place but the judges of such courts were granted tenure of office (two years, later extended to two and one-half years); the special Appellate Tribunals were disbanded, appeals against the decisions of the Anti-Terrorism courts would henceforth be to the respective High Courts; and restrictions were placed on the earlier act's provisions regarding trial in absentia to accord with regular legal procedures."[17]
  • Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998.[17] Applying itself to the Sindh Province, the ordinance granted broad judicial powers to the military.[17] It also created the new crime of "civil commotion,"[17] which exposed to a penalty of 7 firm prison years. The ordinance defined "civil commotion" as

"creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikes, go-slows, lock-outs, vehicle snatching/lifting, damage to or destruction of State or private property, random firing to create panic, charging bhatha

[protection money/extortion], acts of criminal trespass, distributing, publishing or pasting of a handbill or making graffiti

or wall-chalking intended to create unrest or fear or create a threat to the security of law and order..."[17]

  • 30 January 1999: the Pakistan Armed Forces Ordinance of 1998 is extended to the whole country.[17] It was also amended to enable "absconders" from justice to be tried in absentia by any military court.[17] The opposition filed many constitutional petitions challenging the validity of the ordinance, resulting in Liaquat Hussain versus Federation of Pakistan issued on 22 February 1999. The Supreme Court declared the ordinance "unconstitutional, without legal authority, and with no legal effect.".[17] It rejected Nawaz Sharif's claim that the ordinance was temporary and limited to Sindh Province.[17]
  • 27 April 1999: repeal of the Armed Forces (Acting in Aid of Civil Power) ordinance. However, "civil commotion" is included as a crime under the Anti-Terrorism Act of 1997.[17]
  • 27 August 1999: amendment to the Anti-Terrorism Act, authorizing ATC (Anti Terrorism Court) in all of the country.[17]

Russia edit

In 2017 Ukraine opened a case against Russia for involvement and financing of military-occupied Autonomous Republic of Crimea and part of Donbas.[20]

South Africa edit

United States edit

Federal edit

Ohio edit

Anti-terrorism legislation in civil law countries (outside the European Union) edit

China edit

China passed Anti-terrorism Law on December 27, 2015.[24]

The Anti-terrorism Law has 10 chapters and 97 articles, taking effect on January 1, 2016. Before the promulgation of Anti-terrorism Law, though anti-terrorism laws can be found in the Criminal Law or some other emergency action regulations, there was not a systematic legal structure or source for anti-terrorism actions.

The most controversial provisions of the Anti-terrorism Law are the numerous new restrictions on the operation of internet and technology based companies, among which Article 21 says that an internet operator or provider is obligated to verify the identity of each user and shall refuse to provide services to a user who refuses such verification or fails to provide a clear identity. Any company who fails to meet such obligation may face fines, orders of rectification and its management and executives may face fines and even detentions from 5 to 15 days. In addition, Article 18 says any telecommunication operator or internet provider shall provide technology access and source code or other de-encryption support and assistance for the purposes of preventing and investigating terrorism by Public Safety Department or National Security Department.

Chile edit

Human Rights Watch has criticized the Chilean government for inappropriately using anti-terrorist legislation against indigenous (Mapuche) groups involved in land conflicts. While the legislation in question was originally enacted by the Pinochet dictatorship, the democratic governments that have followed have actually increased its severity.[citation needed] Human Rights Watch has expressed special concern that the current version of the law lists arson as a "terrorist" offence. This has allowed the application of the law against Mapuche vandals. While recognizing that crimes have certainly been committed, the international organization believes that they are not comparable to terrorist acts.[25]

El Salvador edit

El Salvador, presided by Antonio Saca of the right-wing ARENA party, had adopted in September 2006 an anti-terrorist law. All major parties, including the FMLN, have criticized the law, claiming it could be used against social movements[26]

The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions.

In July 2007, the Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts.[27][28] The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in the month.

Israel edit

Israel has suffered Arab terrorism from the day of its creation.[citation needed] Many years Israel has relied on mandatory regulations as a legal basis for fighting terrorism and for convicting terrorists both in civilian and military courts. In 2016, after a long and thorough work by the Minister of Justice Ayelet Shaked, the Israeli Knesset passed a comprehensive law against terrorism, forbidding any kind of terrorism and support of terrorism, and setting severe punishments for terrorists. The law also regulates legal efforts against terrorism.[29]

Peru edit

Peru adopted anti-terrorist laws in 1992, under Alberto Fujimori's presidency. The laws were criticized by Amnesty International, who declared in its 2002 report that "Detainees falsely charged with 'terrorism-related' offences in previous years remained held. 'Anti-terrorism' legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of the security forces accused of human rights violations continued to have their cases transferred to military courts."[30] Lori Berenson, a US citizen serving a 20-year prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement.

Philippines edit

The Human Security Act of 2007, signed into law by President Gloria Macapagal Arroyo and effective since July 2007, officially aimed at tackling militants in the southern Philippines, including the Abu Sayyaf group, which has links to al-Qaeda and has been blamed for bombings and kidnappings in the region.[31]

Under the law, three days of warrantless detention are authorized,[31] although arresting officers are obliged to immediately inform a judge about the arrest.[31] Furthermore, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members.[31] The law allows eavesdropping on suspects[32] as well as access to bank accounts for authorities.[31] Convictions could result in 40-year prison sentences, but compensations are provided for in case of miscarriage of justice.[31][32] Terrorism was defined by Section 3 as "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand",[32] a formulation criticized by Wilson Fortaleza, national president and third nominee of the labor party-list group Sanlakas, who claimed the law could be used to crush political dissent.[32]

Indonesia edit

Following the October 2002 Bali bombings, Indonesia adopted Government Regulation in Lieu of Law 1/2002. Under the Indonesian legal system, a Government Regulation in Lieu of Law has the same power as a parliament-enacted legislation, except that it can only be issued under emergency circumstances and is subject to review by the next parliamentary session. Nevertheless, Indonesian Parliament enacted this emergency regulation into Law 15/2003. As since, Indonesia has an anti-terror legislation with strong political support. The Anti-Terror Law cultivates many criticism, however. The Law contained provisions which can circumvent normal criminal proceeding such as quick and long detention. One of the main contentious provision of the Law is that it allows Intelligence Information to be used as a preliminary evidence that can be used for apprehending a suspect. The role of Intelligence Information as evidence has been a subject of hot debate in Indonesia.[33]

Turkey edit

Article 8 of the Anti-Terror Law (Law 3713; April 1991), slightly amended in 1995 and later repealed,[34] imposed three-year prison sentences for "separatist propaganda." Despite its name, the Anti-Terror Law punished many non-violent offences.[35] Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky, summarizing the history of the human rights of Kurdish people in Turkey; he was acquitted, however, in February 2002.[35]

State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to the 1982 Constitution, enacted following the 1980 military coup.

As of 2008, detainees arrested under the Anti-Terror Law have access to lawyers at the very beginning of their detention.[36]

Ukraine edit

In 2017 Ukraine opened a case against Russia for involvement and financing of military occupied Autonomous Republic of Crimea and part of Donbas.[20]

Anti Terrorist Act, 2009 passed in Bangladesh edit

This act is effective from 11 June 2008. Under section 28 of this Act, anti terrorist special Tribunal is trying the crimes.[citation needed]

See also edit

References edit

  1. ^ See Lyal S. Sunga, The Emerging System of International Criminal Law: Developments in Codification and Implementation (Brill Publishers, 1997) pp. 191-203.
  2. ^ International instruments to counter terrorism, United Nations
  3. ^ "ETS no. 090 - European Convention on the Suppression of Terrorism". Council of Europe. 1977-01-27. Retrieved 2008-08-29.
  4. ^ "ETS No. 190 - Protocol amending the European Convention for the Suppression of Terrorism". Council of Europe. 1977-01-27. Retrieved 2008-08-29.
  5. ^ "Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)". Council of Europe. 2005-05-16. from the original on 7 August 2008. Retrieved 2008-08-29.
  6. ^ "국민보호와 공공안전을 위한 테러방지법". Retrieved 2019-11-25.
  7. ^ "Help From France Key In Covert Operations". The Washington Post. ISSN 0190-8286. Retrieved 2022-01-19.
  8. ^ a b "Safety & Security: Terrorism". The Department of Justice and Equality, Republic of Ireland. Retrieved 3 June 2014.
  9. ^ a b c Schimel, Anne (1998-04-01). "Justice « de plomb » en Italie". Le Monde diplomatique (in French). Retrieved 2022-01-19.
  10. ^ . 2021-04-12. Archived from the original on October 8, 2002. Retrieved 2022-01-19.{{cite web}}: CS1 maint: unfit URL (link)
  11. ^ Dominic Casciani (24 January 2008). "Terror bill: Key elements". BBC News. Retrieved 2008-08-29.
  12. ^ Michael Pelly, Tony Stephens and Marian Wilkinson (25 October 2005). "Former leaders call for debate". Sydney Morning Herald. from the original on 11 September 2006. Retrieved 2006-08-11.
  13. ^ "Bangladesh Anti-Terrorism Act, 2009".
  14. ^ Radia, Andy (19 Apr 2013). "Harper government to fast track anti-terrorism bill". Canada Politics. Yahoo! Canada. Retrieved 22 April 2013.
  15. ^ Branch, Legislative Services (2019-11-15). "Consolidated federal laws of canada, Anti-terrorism Act, 2015". laws-lois.justice.gc.ca. Retrieved 2022-03-17.
  16. ^ Kalhan, Anil; et al. (2006). Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India. 20 Colum. J. Asian L. 93. SSRN 970503.
  17. ^ a b c d e f g h i j k l m n o p q r Kennedy, Charles H. (2004). "The Creation and Development of Pakistan's Anti-terrorism Regime, 1997–2002" (PDF). In Limaye, Satu P.; Wirsing, Robert G.; Malik, Mohan (eds.). Religious Radicalism and Security in South Asia (PDF). Honolulu, Hawaï, Spring: Asia Pacific Center for Security Studies. pp. 387–413.
  18. ^ . Pakistan's Federal Investigative Agency's website. Archived from the original on 14 February 2012. Retrieved 13 August 2019.
  19. ^ Ortega, Kellie (2002). "Anti-terrorist laws in Pakistan". Seminar Magazine. Retrieved 13 August 2019.
  20. ^ a b Oliphant, Roland (6 March 2017). "Ukraine sues Russia in International Court of Justice for 'financing terrorism' and discrimination". Telegraph. Telegraph Media Group Limited. Retrieved 13 August 2019.
  21. ^ "Part 4". static.pmg.org.za. Retrieved 2022-01-18.
  22. ^ Parliament of the Republic of South Africa. "Anti-Terrorism Bill" (PDF). Retrieved 18 January 2022.
  23. ^ South African Police Service. "PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004" (PDF).
  24. ^ Shaohui, Tian, ed. (27 December 2015). . Xinhuanet. Archived from the original on 6 June 2017. Retrieved 13 August 2019.
  25. ^ "Undue Process: Terrorism Trials, Military Courts and the Mapuche in Southern Chile" (PDF). Human Rights Watch. 16 (5): 63. October 2004. Retrieved 28 August 2008.
  26. ^ . Latin America Monitor. Business Monitor International Ltd. October 2006. Archived from the original on 22 February 2007. Retrieved 13 August 2019.
  27. ^ . Amnesty International USA. July 18, 2007. Archived from the original on November 10, 2008. Retrieved 29 August 2008.
  28. ^ "Democracia Azul: Access to Water as a Human Right in El Salvador". Center for International Policy. 18 January 2008. Retrieved 29 August 2008.
  29. ^ "Terror bill passes into law". The Jerusalem Post. The Jerusalem Post. 16 June 2016. Retrieved 16 June 2016.
  30. ^ Toledo, Alejandro (December 2002). . Amnesty International. Archived from the original on 17 March 2007. Retrieved 13 August 2019.
  31. ^ a b c d e f "Philippines approves terror bill". 2007-02-20. Retrieved 2022-01-19.
  32. ^ a b c d Romero, Paolo. 'No haven for terror in RP', ABS News, March 7, 2007
  33. ^ Movanet. "Rewriting the antiterror law". Retrieved 2022-01-19.
  34. ^ Parliamentary Assembly of the Council of Europe (22 June 2004). "Implementation of decisions of the European Court of Human Rights by Turkey". Council of Europe. No. Resolution No 1381. Retrieved 13 August 2019.
  35. ^ a b "Questions and Answers: Freedom of Expression and Language Rights in Turkey". Human Rights Watch. April 2002. Retrieved 13 August 2019.
  36. ^ "Retrograde Human Rights Trends and Stagnation of the Human Rights Reform Process". Retrieved 13 August 2019. 4th part of the Human Rights Watch July 2007 report titled "Turkey: Human Rights Concerns in the Lead up to July Parliamentary Elections.

Further reading edit

  • Eijkman, Q. Schuurman, B.Preventive Counter-Terrorism Measures and Non-Discrimination in the European Union: The Need for Systematic Evaluation (International Centre for Counter-Terrorism, 2011)

External links edit

  • Counter-terrorism Legislation and Practice: A Survey of Selected Countries, British Foreign Office, October 2005 - this report outlines current anti-terrorism legislation in ten democratic nations, including the United States, Canada, Australia and a portion of Europe.
  • Human Rights First:
  • «Public order and safety» - International project on combating crime and terrorism

anti, terrorism, legislation, this, article, need, rewritten, comply, with, wikipedia, quality, standards, more, sources, required, thorough, reclassification, legal, system, needed, help, talk, page, contain, suggestions, 2022, laws, with, purpose, fighting, . This article may need to be rewritten to comply with Wikipedia s quality standards as more sources is required and thorough reclassification of legal system is needed You can help The talk page may contain suggestions May 2022 Anti terrorism legislation are laws with the purpose of fighting terrorism They usually if not always follow specific bombings or assassinations Anti terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism related crimes under alleged grounds of necessity Because of this suspension of regular procedure such legislation is sometimes criticized as a form of lois scelerates which may unjustly repress all kinds of popular protests Critics often allege that anti terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government Contents 1 International conventions related to terrorism and counter terrorism cases 1 1 Conventions open to all states 1 2 Security Council Resolutions 1 3 Regional conventions 1 3 1 Europe 1 3 2 Commonwealth of Independent States 1 3 3 The Americas 1 3 4 Africa 1 3 5 Asia 1 3 6 South Korea 1 3 7 League of Arab States 1 3 8 Organization of the Islamic Conference 2 Anti terrorist legislation in the European Union 2 1 European Union 2 2 European Court of Human Rights cases related to anti terrorist legislation 2 3 Belgium 2 4 France 2 5 Ireland Republic of 2 6 Italy 2 7 United Kingdom 3 Anti terrorism legislation in common law countries other than the UK 3 1 Australia 3 2 Bangladesh 3 3 Canada 3 4 India 3 5 New Zealand 3 6 Pakistan 3 7 Russia 3 8 South Africa 3 9 United States 3 9 1 Federal 3 9 2 Ohio 4 Anti terrorism legislation in civil law countries outside the European Union 4 1 China 4 2 Chile 4 3 El Salvador 4 4 Israel 4 5 Peru 4 6 Philippines 4 7 Indonesia 4 8 Turkey 5 Ukraine 6 Anti Terrorist Act 2009 passed in Bangladesh 7 See also 8 References 9 Further reading 10 External linksInternational conventions related to terrorism and counter terrorism cases editTerrorism has been on the international agenda since 1934 when the League of Nations predecessor of the United Nations began the elaboration of a convention for the prevention and punishment of terrorism 1 Although the convention was eventually adopted in 1937 it never came into force Today there are 15 counter terrorism international conventions in force They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency IAEA Moreover on 8 September 2006 the UN General Assembly adopted a Global Counter Terrorism Strategy 2 Conventions open to all states edit 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft Tokyo Convention 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Hague Convention 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation Sabotage Convention or Montreal Convention 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Diplomatic Agents Convention 1979 International Convention against the Taking of Hostages Hostages Convention 1980 Convention on the Physical Protection of Nuclear Material Nuclear Materials Convention 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Airport Protocol 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation Maritime Convention 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf Fixed Platform Protocol 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Plastic Explosives Convention 1997 International Convention for the Suppression of Terrorist Bombings Terrorist Bombing Convention 1999 International Convention for the Suppression of the Financing of Terrorism Terrorist Financing Convention 2005 International Convention for the Suppression of Acts of Nuclear Terrorism Nuclear Terrorism Convention 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation Beijing Convention 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft Beijing Protocol A 16th international convention a proposed Comprehensive Convention on International Terrorism is currently under negotiations Security Council Resolutions edit UN Security Council Resolution 731 January 21 1992 UN Security Council Resolution 748 March 31 1992 UN Security Council Resolution 883 November 11 1993 September 28 2001 United Nations Security Council Resolution 1373 adopted under Chapter VII of the United Nations Charter which makes it legally binding to member states Among other provisions it favored the exchange of intelligence between member states and legislative reforms It established the United Nations Security Council Counter Terrorism Committee CTC to monitor state compliance with its provisions Later resolutions concerning the same matter were UNSC resolutions 1390 1456 1535 which restructured the CTC 1566 and 1624 Regional conventions edit Europe edit 1977 European Convention on the Suppression of Terrorism Strasbourg January 1977 3 2003 Protocol Strasbourg May 2003 4 2005 Council of Europe Convention on the Prevention of Terrorism 5 Commonwealth of Independent States edit Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism Minsk June 1999 The Americas edit Organisation of American States Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance Washington D C February 1971 Inter American Convention Against Terrorism AG RES 1840 XXXII O 02 Bridgetown June 2002 Africa edit Organisation of African Union Convention on the Prevention and Combating of Terrorism Algiers July 1999 and the Protocol to that Convention Addis Ababa July 2004 as of 30 August 2005 the Protocol was not yet in force Asia edit SAARC Regional Convention on Suppression of Terrorism Kathmandu November 1987 Additional Protocol to the convention Islamabad January 2004 As of 30 August 2005 not yet in force The ASEAN Convention On Counter Terrorism Cebu Philippines 13 January 2007 In force from 27 May 2011 on 22 January 2013 all ASEAN members signed the ACCT South Korea edit Act on prohibition against the financing of terrorism February 29 2008 rev Act on prohibition against the financing of terrorism and proliferation of weapons of mass destruction March 29 2016 Act on anti terrorism for the protection of citizens and public security 6 March 3 2016 League of Arab States edit Arab Convention on the Suppression of Terrorism Cairo April 1998 Organization of the Islamic Conference edit Convention of the Organization of the Islamic Conference on Combating International Terrorism Ouagadougou July 1999 Anti terrorist legislation in the European Union editEuropean Union edit EU Framework Decision on Terrorism EU Directive 2017 541 on combating terrorismEuropean Court of Human Rights cases related to anti terrorist legislation edit Anna Maroufidou v Sweden 1981 Brogan and others v the UK 11209 84 11234 84 11266 84 1988 ECHR 24 29 November 1988 Belgium edit Belgium Anti Terrorism Act 2003France edit France has passed a variety of anti terrorist laws the first of which being the 19th century lois scelerates restricting freedom of expression Today magistrates in the Justice Ministry anti terrorism unit have authority to detain people suspected of conspiracy in relation to terrorism while evidence is gathered against them 7 Ireland Republic of edit Offences against the State Acts 1939 1998 via the Special Criminal Court 8 Criminal Justice Terrorist Offences Act 2005 8 Italy edit Further information History of the Italian Republic Italy passed various anti terrorist laws during the Years of Lead anni di piombo in the 1970s The Reale Act was adopted on 22 May 1975 It allowed the police to carry out searches and arrest persons without being mandated by an investigative judge Interrogation could take place without the presence of a lawyer Critics underlined that this contradicted article 3 of the Constitution on equality before the law 9 Preventive detention was fixed before 1970 to two years for a possible sentence going between 20 years to perpetuity while it was limited to one year for charges of crimes leading to a sentence of less than 20 years It passed to four years after 1970 A decree law of 11 April 1974 authorized a four year detention until the first judgment six years until the appeal and eight years until the definitive judgment In case of indictment for acts of terrorism the preventive detention was extended to twelve years 9 The Cossiga decree law was passed on 15 December 1979 It prolonged the length of preventive detention relative to terrorism suspicions and allowed wiretaps Critics have pointed out that this violated articles 15 and 27 of the Constitution 9 The Cossiga decree law also created the status of pentito officially collaborators of justice those accused of terrorism crimes and who accepted of confessing them and of informing the authorities about their accomplices could be liberated Law n 191 of May 21 1978 called Moro law and law n 15 of February 6 1980 were ratifications by the assembly of decrees of emergency enacted by the executive power respectively on March 28 1978 and on December 15 1979 10 United Kingdom edit Main article Terrorism Acts Prevention of Terrorism Acts Northern Ireland 1974 89 Terrorism Act 2000 Anti terrorism Crime and Security Act 2001 the Racial and Religious Hatred Act was supposed to be part of it as provisions but it was dropped The Prevention of Terrorism Act 2005 was intended to deal with the Law Lords ruling of 16 December 2004 that the detention without trial of nine foreigners at HM Prison Belmarsh under Part IV of the Anti terrorism Crime and Security Act 2001 was unlawful being incompatible with the European Convention on Human Rights It was given Royal assent on 11 March 2005 The Act allows the Home Secretary to impose control orders on people they suspect of involvement in terrorism which in some cases may derogate opt out from human rights laws In April 2006 a High Court judge issued a declaration that section 3 of the Act was incompatible with the right to a fair trial under article 6 of the European Convention on Human Rights The Act was described by Mr Justice Sullivan as an affront to justice Amnesty International Human Rights Watch JUSTICE and Liberty have opposed it Criticism of the Act included complaints about the range of restrictions that could be imposed the use of closed proceedings and special advocates to hear secret evidence against the detainee and the possibility that evidence against detainees may include evidence obtained in other countries by torture The Terrorism Act 2006 increased the limit of pre charge detention for terrorist suspects to 28 days after a rebellion by Labour MPs Originally the Government and Prime Minister Tony Blair had pushed for a 90 day detention period but this was reduced to 28 days after a vote in the House of Commons Home Office Minister Damian Green announced on 20 January 2011 that the period would revert to 14 days as the order extending the period to 28 days would be allowed to lapse at midnight on 24 January The Counter Terrorism Act 2008 a section of which would have controversially increased the limit of pre charge detention for terrorism suspects for 42 days This measure was dropped from the bill after it failed to win approval in the House of Lords 11 Terrorist Asset Freezing Temporary Provisions Act 2010 which led to the Terrorist Asset Freezing etc Act 2010 Terrorism Prevention and Investigation Measures Act 2011 received royal assent on 14 December that year Counter Terrorism and Security Act 2015UK anti terrorism legislation is subject to regular review by the Independent Reviewer of Terrorism Legislation Anti terrorism legislation in common law countries other than the UK editAustralia edit Australian anti terrorism legislation 2004 Australian Anti Terrorism Act 2005The Civil Rights Network opposes such legislation Elizabeth Evatt a federal judge has criticized John Howard s 2005 anti terrorism bill particularly provisions relating to control orders and preventive detention saying that These laws are striking at the most fundamental freedoms in our democracy in a most draconian way 12 Bangladesh edit The Anti Terrorism Act 2009 applied retrospectively from 11 June 2008 13 Canada edit Canadian Anti Terrorism Act 2001 Bill S 7 the Combating Terrorism Act 2012 14 Bill C 51 the Anti terrorism Act 2015 15 India edit Terrorist and Disruptive Activities Prevention Act 1985 1995 Prevention of Terrorism Act 2002 16 2002 2004 Unlawful Activities Prevention ActNew Zealand edit Terrorism Suppression Act 2002Pakistan edit Further information Court system of Pakistan Suppression of Terrorist Activities Ordinance 1975 enacted by Zulfikar Ali Bhutto 17 The law remained in force in the Sindh Province and the Punjab Province until its repeal in 1997 17 and remained the law in the North West Frontier Province NWFP and Baluchistan until August 2001 17 1997 Anti Terrorism Act signed on August 17 1997 by then Prime Minister Nawaz Sharif 18 19 The law which included a broad definition of terrorism was enacted after a January 1997 bombing by Mehram Ali a member of the Shia militant organization Tehrik Nifaz Fiqh i Jafaria TNFJ 17 The Anti Terrorism Act created specials Anti Terrorism Courts ATC as well as an Anti Terrorism Appellate ATA Tribunal 17 Merham Ali was subsequently tried before those special courts but made an appeal to the Supreme Court which confirmed his death sentence but declared most of the 1997 Anti Terrorism Act unconstitutional 17 24 October 1998 Anti Terrorism Amendment Ordinance issued by Nawaz Sharif s government to respond to most of the Supreme Court s objections 17 According to political scientist Charles H Kennedy Special Anti Terrorism courts remained in place but the judges of such courts were granted tenure of office two years later extended to two and one half years the special Appellate Tribunals were disbanded appeals against the decisions of the Anti Terrorism courts would henceforth be to the respective High Courts and restrictions were placed on the earlier act s provisions regarding trial in absentia to accord with regular legal procedures 17 Pakistan Armed Forces Acting in Aid of Civil Power Ordinance 1998 17 Applying itself to the Sindh Province the ordinance granted broad judicial powers to the military 17 It also created the new crime of civil commotion 17 which exposed to a penalty of 7 firm prison years The ordinance defined civil commotion as creation of internal disturbances in violation of law or intended to violate law commencement or continuation of illegal strikes go slows lock outs vehicle snatching lifting damage to or destruction of State or private property random firing to create panic charging bhatha protection money extortion acts of criminal trespass distributing publishing or pasting of a handbill or making graffitior wall chalking intended to create unrest or fear or create a threat to the security of law and order 17 30 January 1999 the Pakistan Armed Forces Ordinance of 1998 is extended to the whole country 17 It was also amended to enable absconders from justice to be tried in absentia by any military court 17 The opposition filed many constitutional petitions challenging the validity of the ordinance resulting in Liaquat Hussain versus Federation of Pakistan issued on 22 February 1999 The Supreme Court declared the ordinance unconstitutional without legal authority and with no legal effect 17 It rejected Nawaz Sharif s claim that the ordinance was temporary and limited to Sindh Province 17 27 April 1999 repeal of the Armed Forces Acting in Aid of Civil Power ordinance However civil commotion is included as a crime under the Anti Terrorism Act of 1997 17 27 August 1999 amendment to the Anti Terrorism Act authorizing ATC Anti Terrorism Court in all of the country 17 Russia edit Yarovaya lawIn 2017 Ukraine opened a case against Russia for involvement and financing of military occupied Autonomous Republic of Crimea and part of Donbas 20 South Africa edit South African Terrorism Act No 83 of 1967 Anti Terrorism Bill Bill as approved by the Parliamentary Portfolio Committee for Safety amp Security on 2003 11 13 21 22 Protection of Constitutional Democracy Against Terrorism amp Related Activities Act 2004 23 United States edit Federal edit Biological Weapons Anti Terrorism Act of 1989 Executive Order 12947 signed by President Bill Clinton Jan 23 1995 Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process and later expanded to include freezing the assets of Osama bin Laden and others Omnibus Counterterrorism Act of 1995 US Antiterrorism and Effective Death Penalty Act of 1996 see also the LaGrand case which opposed in 1999 2001 Germany to the US in the International Court of Justice concerning a German citizen convicted of armed robbery and murder and sentenced to death Executive Order 13224 signed by President George W Bush Sept 23 2001 among other things authorizes the seizure of assets of organizations or individuals designated by the Secretary of the Treasury to assist sponsor or provide material or financial support or who are otherwise associated with terrorists 66 Fed Reg 49 079 Sept 23 2001 2001 Uniting and Strengthening America by Providing Appropriate Tools for Intercepting and Obstructing Terrorism Act USA Patriot Act amended March 2006 the Financial Anti Terrorism Act was integrated to it Homeland Security Act of 2002 Pub L 107 296 Border Protection Anti terrorism and Illegal Immigration Control Act of 2005 Real ID Act of 2005 Military Commissions Act of 2006 Animal Enterprise Terrorism Act of 2006Ohio edit Ohio Patriot ActAnti terrorism legislation in civil law countries outside the European Union editChina edit China passed Anti terrorism Law on December 27 2015 24 The Anti terrorism Law has 10 chapters and 97 articles taking effect on January 1 2016 Before the promulgation of Anti terrorism Law though anti terrorism laws can be found in the Criminal Law or some other emergency action regulations there was not a systematic legal structure or source for anti terrorism actions The most controversial provisions of the Anti terrorism Law are the numerous new restrictions on the operation of internet and technology based companies among which Article 21 says that an internet operator or provider is obligated to verify the identity of each user and shall refuse to provide services to a user who refuses such verification or fails to provide a clear identity Any company who fails to meet such obligation may face fines orders of rectification and its management and executives may face fines and even detentions from 5 to 15 days In addition Article 18 says any telecommunication operator or internet provider shall provide technology access and source code or other de encryption support and assistance for the purposes of preventing and investigating terrorism by Public Safety Department or National Security Department Chile edit Human Rights Watch has criticized the Chilean government for inappropriately using anti terrorist legislation against indigenous Mapuche groups involved in land conflicts While the legislation in question was originally enacted by the Pinochet dictatorship the democratic governments that have followed have actually increased its severity citation needed Human Rights Watch has expressed special concern that the current version of the law lists arson as a terrorist offence This has allowed the application of the law against Mapuche vandals While recognizing that crimes have certainly been committed the international organization believes that they are not comparable to terrorist acts 25 El Salvador edit El Salvador presided by Antonio Saca of the right wing ARENA party had adopted in September 2006 an anti terrorist law All major parties including the FMLN have criticized the law claiming it could be used against social movements 26 The government first attempted to use the law against illegal street vendors who violently resisted removal by the police These charges did not result in convictions In July 2007 the Salvadoran government charged fourteen people with acts of terrorism for their participation and or association with a demonstration against privatization of the nation s water system Charges were dismissed against one of those arrested The remainder known as the Suchitito 13 were released but continued to face charges under the Special Law Against Terrorist Acts 27 28 The charges were reduced to disorderly conduct in early February 2008 and then completely dropped later in the month Israel edit Israel has suffered Arab terrorism from the day of its creation citation needed Many years Israel has relied on mandatory regulations as a legal basis for fighting terrorism and for convicting terrorists both in civilian and military courts In 2016 after a long and thorough work by the Minister of Justice Ayelet Shaked the Israeli Knesset passed a comprehensive law against terrorism forbidding any kind of terrorism and support of terrorism and setting severe punishments for terrorists The law also regulates legal efforts against terrorism 29 Peru edit Peru adopted anti terrorist laws in 1992 under Alberto Fujimori s presidency The laws were criticized by Amnesty International who declared in its 2002 report that Detainees falsely charged with terrorism related offences in previous years remained held Anti terrorism legislation which had resulted in unfair trials since its introduction in 1992 remained in force Members of the security forces accused of human rights violations continued to have their cases transferred to military courts 30 Lori Berenson a US citizen serving a 20 year prison term in Peru has been condemned in virtue of these laws on charges of collaboration with the Tupac Amaru Revolutionary Movement Philippines edit Main articles Human Security Act and Anti Terrorism Act of 2020 The Human Security Act of 2007 signed into law by President Gloria Macapagal Arroyo and effective since July 2007 officially aimed at tackling militants in the southern Philippines including the Abu Sayyaf group which has links to al Qaeda and has been blamed for bombings and kidnappings in the region 31 Under the law three days of warrantless detention are authorized 31 although arresting officers are obliged to immediately inform a judge about the arrest 31 Furthermore detained terrorists are entitled to see a lawyer a priest a doctor or family members 31 The law allows eavesdropping on suspects 32 as well as access to bank accounts for authorities 31 Convictions could result in 40 year prison sentences but compensations are provided for in case of miscarriage of justice 31 32 Terrorism was defined by Section 3 as sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand 32 a formulation criticized by Wilson Fortaleza national president and third nominee of the labor party list group Sanlakas who claimed the law could be used to crush political dissent 32 Indonesia edit Following the October 2002 Bali bombings Indonesia adopted Government Regulation in Lieu of Law 1 2002 Under the Indonesian legal system a Government Regulation in Lieu of Law has the same power as a parliament enacted legislation except that it can only be issued under emergency circumstances and is subject to review by the next parliamentary session Nevertheless Indonesian Parliament enacted this emergency regulation into Law 15 2003 As since Indonesia has an anti terror legislation with strong political support The Anti Terror Law cultivates many criticism however The Law contained provisions which can circumvent normal criminal proceeding such as quick and long detention One of the main contentious provision of the Law is that it allows Intelligence Information to be used as a preliminary evidence that can be used for apprehending a suspect The role of Intelligence Information as evidence has been a subject of hot debate in Indonesia 33 Turkey edit Further information Human rights in Turkey Article 8 of the Anti Terror Law Law 3713 April 1991 slightly amended in 1995 and later repealed 34 imposed three year prison sentences for separatist propaganda Despite its name the Anti Terror Law punished many non violent offences 35 Pacifists have been imprisoned under Article 8 For example publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky summarizing the history of the human rights of Kurdish people in Turkey he was acquitted however in February 2002 35 State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to the 1982 Constitution enacted following the 1980 military coup As of 2008 detainees arrested under the Anti Terror Law have access to lawyers at the very beginning of their detention 36 Ukraine editIn 2017 Ukraine opened a case against Russia for involvement and financing of military occupied Autonomous Republic of Crimea and part of Donbas 20 Anti Terrorist Act 2009 passed in Bangladesh editThis act is effective from 11 June 2008 Under section 28 of this Act anti terrorist special Tribunal is trying the crimes citation needed See also editAnti Socialist Laws passed in Germany in 1878 Criticism of the war on terror High policing National security Rule of law State of emergencyReferences edit See Lyal S Sunga The Emerging System of International Criminal Law Developments in Codification and Implementation Brill Publishers 1997 pp 191 203 International instruments to counter terrorism United Nations ETS no 090 European Convention on the Suppression of Terrorism Council of Europe 1977 01 27 Retrieved 2008 08 29 ETS No 190 Protocol amending the European Convention for the Suppression of Terrorism Council of Europe 1977 01 27 Retrieved 2008 08 29 Council of Europe Convention on the Prevention of Terrorism CETS No 196 Council of Europe 2005 05 16 Archived from the original on 7 August 2008 Retrieved 2008 08 29 국민보호와 공공안전을 위한 테러방지법 Retrieved 2019 11 25 Help From France Key In Covert Operations The Washington Post ISSN 0190 8286 Retrieved 2022 01 19 a b Safety amp Security Terrorism The Department of Justice and Equality Republic of Ireland Retrieved 3 June 2014 a b c Schimel Anne 1998 04 01 Justice de plomb en Italie Le Monde diplomatique in French Retrieved 2022 01 19 Paroledonnee 2021 04 12 Archived from the original on October 8 2002 Retrieved 2022 01 19 a href Template Cite web html title Template Cite web cite web a CS1 maint unfit URL link Dominic Casciani 24 January 2008 Terror bill Key elements BBC News Retrieved 2008 08 29 Michael Pelly Tony Stephens and Marian Wilkinson 25 October 2005 Former leaders call for debate Sydney Morning Herald Archived from the original on 11 September 2006 Retrieved 2006 08 11 Bangladesh Anti Terrorism Act 2009 Radia Andy 19 Apr 2013 Harper government to fast track anti terrorism bill Canada Politics Yahoo Canada Retrieved 22 April 2013 Branch Legislative Services 2019 11 15 Consolidated federal laws of canada Anti terrorism Act 2015 laws lois justice gc ca Retrieved 2022 03 17 Kalhan Anil et al 2006 Colonial Continuities Human Rights Antiterrorism and Security Laws in India 20 Colum J Asian L 93 SSRN 970503 a b c d e f g h i j k l m n o p q r Kennedy Charles H 2004 The Creation and Development of Pakistan s Anti terrorism Regime 1997 2002 PDF In Limaye Satu P Wirsing Robert G Malik Mohan eds Religious Radicalism and Security in South Asia PDF Honolulu Hawai Spring Asia Pacific Center for Security Studies pp 387 413 The Anti Terrorism Act ATA 1997 Pakistan s Federal Investigative Agency s website Archived from the original on 14 February 2012 Retrieved 13 August 2019 Ortega Kellie 2002 Anti terrorist laws in Pakistan Seminar Magazine Retrieved 13 August 2019 a b Oliphant Roland 6 March 2017 Ukraine sues Russia in International Court of Justice for financing terrorism and discrimination Telegraph Telegraph Media Group Limited Retrieved 13 August 2019 Part 4 static pmg org za Retrieved 2022 01 18 Parliament of the Republic of South Africa Anti Terrorism Bill PDF Retrieved 18 January 2022 South African Police Service PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004 PDF Shaohui Tian ed 27 December 2015 Commentary China s anti terrorism legislation no excuse for U S agitation Xinhuanet Archived from the original on 6 June 2017 Retrieved 13 August 2019 Undue Process Terrorism Trials Military Courts and the Mapuche in Southern Chile PDF Human Rights Watch 16 5 63 October 2004 Retrieved 28 August 2008 Fighting Terrorism Latin America Monitor Business Monitor International Ltd October 2006 Archived from the original on 22 February 2007 Retrieved 13 August 2019 El Salvador Amnesty International Criticizes El Salvador for Using Anti Terrorism Laws to Punish Social Protesters Amnesty International USA July 18 2007 Archived from the original on November 10 2008 Retrieved 29 August 2008 Democracia Azul Access to Water as a Human Right in El Salvador Center for International Policy 18 January 2008 Retrieved 29 August 2008 Terror bill passes into law The Jerusalem Post The Jerusalem Post 16 June 2016 Retrieved 16 June 2016 Toledo Alejandro December 2002 2002 Report on Peru Amnesty International Archived from the original on 17 March 2007 Retrieved 13 August 2019 a b c d e f Philippines approves terror bill 2007 02 20 Retrieved 2022 01 19 a b c d Romero Paolo No haven for terror in RP ABS News March 7 2007 Movanet Rewriting the antiterror law Retrieved 2022 01 19 Parliamentary Assembly of the Council of Europe 22 June 2004 Implementation of decisions of the European Court of Human Rights by Turkey Council of Europe No Resolution No 1381 Retrieved 13 August 2019 a b Questions and Answers Freedom of Expression and Language Rights in Turkey Human Rights Watch April 2002 Retrieved 13 August 2019 Retrograde Human Rights Trends and Stagnation of the Human Rights Reform Process Retrieved 13 August 2019 4th part of the Human Rights Watch July 2007 report titled Turkey Human Rights Concerns in the Lead up to July Parliamentary Elections Further reading editEijkman Q Schuurman B Preventive Counter Terrorism Measures and Non Discrimination in the European Union The Need for Systematic Evaluation International Centre for Counter Terrorism 2011 External links editCounter terrorism Legislation and Practice A Survey of Selected Countries British Foreign Office October 2005 this report outlines current anti terrorism legislation in ten democratic nations including the United States Canada Australia and a portion of Europe Human Rights First In Pursuit of Justice Prosecuting Terrorism Cases in the Federal Courts 2009 Public order and safety International project on combating crime and terrorism Retrieved from https en wikipedia org w index php title Anti terrorism legislation amp oldid 1176770152, wikipedia, wiki, book, books, library,

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