Hadapi terrorisme secara rasional

DALAM bahasa Inggeris, kata dasar bagi istilah terrorism adalah terror yang bermaksud ketakutan yang melampau. Perkataan irhab dalam bahasa Arab pula, yang membawa maksud terrorisme, berasal dari istilah rahbun yang juga bererti ketakutan. Hakikatnya, itulah matlamat utama terrorisme. Aksi keganasan dilancarkan bagi menimbulkan rasa geruri anggota masyarakat dalam sesebuah negara atau seantero dunia

Jangan berbalah tentang keganasan

WUJUD kecenderungan beberapa pihak kebelakangan ini menuding jari kepada beberapa kumpulan minoriti tertentu dalam usaha menentang keganasan. Adalah amat penting untuk menentang terrorisme dengan strategi melangkaui perbezaan fahaman agama dan pertelingkahan sektarian yang wujud zaman berzaman. Kenapa usaha melawan keganasan perlu mengelak dari menyasarkan kepada kelompok tertentu sahaja? Lima sebab utama ingin penulis kongsikan

REIMAGINING FUTURE RELATIONS BETWEEN INTERNATIONAL AND NATIONAL LAW WITH SPECIAL REFERENCE TO THE PALESTINIAN SITUATION

This paper examines the issue of the relationship between international and national law that leads to the gradation of laws. Is international law superior or inferior to national law? This question pushed the existing theoretical positions to find more convincing answers and practical solutions to this question. The article differentiates between two doctrines, the first is monism between international and national law, and the second is the dualism between international and national law. The status of international law in the national legal system is determined by the national constitution of each country. The article discusses a crucial issue associated with a substantial principle on which international law is based: the principle of state sovereignty and the critical relationship between international law and national law. The article aims to clarify the nature of the relationship with a specific reference to the experiences and challenges faced by the State of Palestine. To achieve the objectives of the article, doctrinal legal research methodology was adopted. Accordingly, this study concluded that there are two conflicting doctrines in determining the status of international law in the national legal system. Since the establishment of the State of Palestine and being a non-member observer state at the United Nations, the Palestinian legislature has adopted the doctrine of monism. The study would assist the international community in understanding the legal nature of the Palestinian constitutional system and its position related to the value of treaties in Palestine. The study emphasises the need to harmonise Palestinian legislation in order to be in line with international treaties

Malaysia’s Counter-Terrorism Policy: Shifting from The Executive-Based to The Criminal Justice Approach?

Malaysia’s counter-terrorism strategy has its roots within the 12-year campaign against the communist insurgency between 1948 and 1960. During the emergency period, the government relied heavily on executive-based measures, which operated as a primary instrument to execute the “Winning Hearts and Minds” agenda. The state executive body and its agents had a wide range of powers at its disposal, including indefinite detention without trial and the restriction of residence against terrorist suspects. A similar approach was maintained through various legislations, even after the country gained independence in 1957. However, recent developments indicate a significant change in the attitude of the government. The criminal justice approach begins to gain greater prominence, this being evident from the growing number of prosecutions against terror suspects and the creation of new terrorism-related offences. This paper first examines whether the apparent change is genuine and sustainable in the long term. This concern is connected with the nature and limits of the criminal law and justice system, along with other challenges derived from the existing structure, culture, and practices within the country. By adopting a socio-legal approach, this research also investigates the factors favouring and hindering the criminal justice approach empirically and theoretically as a primary legal response to countering terrorism in Malaysia. The ultimate aim is to contextualise an effective and fair legal response to terrorism that is able to operate within multifaceted counter-terrorism arrangements involving different stakeholders

Kita sasaran utama terrorisme

'Kill one, frighten ten thousand' (Bunuh seorang, takutkan 10,000 orang), petikan ini adalah gambaran mudah tapi tuntas tentang terrorisme yang turut dipilih oleh Alex P. Schmid, seorang sarjana ketika mendefinisikan fenomena global ini

The Criminalisation Approach in Malaysia’s Counter-Terrorism Strategy

This research is intended to critically analyse the criminalisation approach as a primary legal response to terrorism in Malaysia. The approach encapsulates the use of criminal law within the existing criminal justice system. It is hypothesised that the criminalisation approach provides the most fair and effective response, which also embodies legitimacy and upholds constitutionalism, and should be given priority over other counter-terrorism approaches. The potential approaches are categorised into three modes: the normal criminalisation mode (NCM), which embodies the elements of ‘normalcy’ and consistency; the special criminalisation mode (SCM) which involves modification and manipulation such as the invention of special terrorism-related offences and alteration to normal criminal procedures; and the avoidance of criminalisation mode (ACM) which works outside the criminal justice system and might arise in exceptional situations where the NCM and SCM cannot produce fair and effective outcomes. The preferred NCM utilises ordinary criminal law and existing processes in dealing with terrorism. In order to explore and test the proposition, this thesis first examines and evaluates the conception of terrorism and counter-terrorism in Malaysia. The assessment covers the existing definitions of terrorism and factors that shape the formulation of Malaysia’s counter-terrorism strategy. That is followed by an analysis of the concept of the criminalisation approach. The thesis then assesses the workings and dynamics of the criminalisation approach within Malaysia’s counter-terrorism strategy. The explorations and assessments involve a socio-legal approach which incorporates a doctrinal study of legal aspects as well as an empirical, interview-based study of how the law is operated in practice. Additionally, policy transfer framework is adopted in this thesis in order to draw lessons from the UK’s counter-terrorism policy, particularly its prosecution-based policy. This thesis eventually recommends potential improvements that can be made to the present criminalisation approach as well as counter-terrorism strategy in Malaysia. The thesis stance and the methodologies represent original studies of Malaysian counter-terrorism laws