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Issue 31.4

Editor: NANCY WRIGHT

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EDITORIAL
By John Winterdyk, Professor of Criminology, Mount Royal University

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THE LONG SHADOW OF 9/11: SHOULD WE BE AFRAID OF WHAT MIGHT BE LURKING IN THE DARK?
By John Winterdyk

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NEW TERRORIST ORGANIZATIONS AND VIOLENCE IN GREECE: A DOMESTIC AFFAIR
By Dr. Maria Alvanou

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TERRORISM AND COUNTER-TERRORISM – INDIA’S ROLE
By Dr. Tapan Chakraborty and Dr. Dipa Dube

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COMPARATIVE PERSPECTIVES ON COUNTER- TERRORISM PENAL POLICIES IN IRAN AND EGYPT
By Hassan Rezaei

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A SURVEY OF RECENT JAPANESE TERRORISM AND GOVERNMENT COUNTERMEASURES
By Minoru Yokoyama

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DEUX LIVRES FABULEUX SUR LE TERRORISME, OU, DEVRAIT-ON DIRE, SUR “LES” TERRORISMES
Par André Normandeau

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CANADIENS ENGAGÉS DANS DES ACTIVITÉS VIOLENTES À COMPOSANTE ISLAMISTE
Par Stéphane Leman-Langlois, David Morin et Stéphane Berthomet

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THE UNODC TERRORISM PREVENTION BRANCH: TECHNICAL ASSISTANCE DELIVERY
By Arturo Laurent and Joaquín Zuckerberg

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CYBERTERRORISM AND CYBER SECURITY: A GLOBAL PERSPECTIVE
By Latha Subramanian, Jianhong Liu and John Winterdyk

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COUNTER-TERRORISM STRATEGIES AND RISK MANAGEMENT: CONTAINING OR DISLOCATING RISK?
By Carmen Cheung and Ron Levi

STUDENT SPACE

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THE LIFE AND DEATH OF CVE PROGRAMS: INFORMING PUBLIC POLICY
By Christine H. Neudecker

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CANADA AND THE ‘FIVE EYES’ ALLIANCE: FRAMING CANADA’S LEGISLATIVE RESPONSE TO TERRORISM
By Julianna Mitchell

 

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ACJS 54TH ANNUAL MEETING

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COMING EVENTS


Editorial

By John Winterdyk, Professor of Criminology, Mount Royal University

Shortly after the tragic events in Brussels and Paris in 2016 and after a brief discussion with the staff of the Justice Report, I was invited to prepare a special issue that focuses on terrorism. Since terrorism is a global phenomenon and usually results in global impact, I proposed an issue including international contributions. The idea was to invite contributions from various corners of the world not only to provide a global perspective on the diversity and complexity of terrorism but to also illustrate that we are all essentially contending with similar issues and challenges, be it domestic terrorism or international terrorism. For example, all the contributions acknowledge that defining terrorism is a challenging concept for a range of social and political factors. Virtually all the contributors acknowledge that terrorism is a scourge which cannot and will not be readily eliminated. Therefore, another common theme reflected in the articles is the need to become better conversant with the complexities and nuances of terrorism if we are to find ways to abate and live with it. Another theme touched upon in several of the articles is the assertion that ‘terrorism’ can also be a valueladen term and reflect certain social and/or political biases. As the former leader of India, Mahatma Gandhi, once noted: “morality is contraband in war”.

In addition, and in keeping with the tradition of Justice Report publications, I wanted to ensure student representation and French and English content. As is evidenced upon reviewing the Contents page, this issue has managed to strike a ‘balance’ between all three criteria. For this, I would like to acknowledge the assistance and support of Nancy Wright (Editor) in securing the French contributions and Dr. Garth Davis (School of Criminology, Simon Fraser University) in helping to secure the student articles.

Although acts of terrorism are (fortunately) comparatively infrequent in Canada, as global citizens it is difficult not to be captivated by the incidents that happen elsewhere in the world. For example, the recent solo event in Nice (July 14th/16 – Bastille Day in France) was ‘front page’ news for several days and it triggered a bevy of international responses from various heads of State, including Prime Minister Justin Trudeau. Trudeau not only publicly condemned such acts but emboldened Canadians and French citizens to not let such acts deter them from engaging in their daily routines. In a CBC news interview shortly after the event, NDP leader Tom Mulcair, who had recently returned from Nice, also encouraged Canadians to continue to travel and continue to defy the ‘scare’ tactics of terrorist intentions. On the NDP website, on July15th, it poignantly stated: “We remain determined never to let such a cowardly act shake our commitment to our shared values.” However, it is unclear as to whether the act was a ‘terrorist’ act or a type of ‘hate crime’, with this latter tending to have similar characteristics to a terrorist act.

As crimes go, terrorist acts are comparatively infrequent and yet their impact and our response to them tends to draw considerably more attention and resources. Perhaps also somewhat ironically, terrorist acts are generally committed by a few zealous /extreme individuals whose modus operandi of instilling fear (see Pfeifer in Justice Report, No. 32.1) and insecurity along with feelings of mistrust within victim groups by typically targeting innocent people rivals all other crime.1 Not only do terrorist events capture local, national, and international attention, but our respective governments (especially in the aftermath of 9/11) have taken considerable steps to reduce the risk of any (potential) future events, as such acts are essentially crimes against humanity. However, as reflected in several of the contributions to this issue, the mechanisms and strategies for responding vary but, collectively, speak to such themes as risk management (see Cheung & Levi) to building international legal capacity (see Laurent & Zuckerberg) along with varying expressions of prevention as opposed to propagating the use of force or military action. Collectively the articles reveal, or at least suggest, that we must strive to better understand in order to better address the profounder issues of terrorism. It was to this end, for example, that Public Safety Canada released its National Security Green Paper in September, 2016) as a document “intended to prompt discussion and debate about Canada’s national security framework, which will inform policy changes that will be made following the consultation process”.2

Although the collection of articles in this issue is not able to offer a comprehensive exposé of the themes and issues pertaining to terrorism, I trust the content is informative, interesting, and, above all, thought-provoking. For, the sooner we can begin to gain an objective understanding into the nuances and complexities of terrorism (i.e., the nexus between poverty, sense of injustice, the development of radicalized views, etc.), the sooner we can begin to engage in effective national and international efforts to curb the incident rate.

  1. The July 14th/16 solo attack in Nice according to some experts was not a terrorist attack – that is, the attacker Mohamed Lahouaiej-Bouhlel, a Tunisian resident of France, was not a known member of a terrorist group but his act was violent, carried out against innocent people, and it frightened a large number of people – if not the entire country of France. However, it is not clear if the act was politically motivated – a key element of terrorist attacks.
  2. Public input welcome until December 1, 2016.

Abstracts

THE LONG SHADOW OF 9/11: SHOULD WE BE AFRAID OF WHAT MIGHT BE LURKING IN THE DARK?
By John Winterdyk, Professor of Criminology, Mount Royal University

While terrorist events usually last only a few moments, they have far-reaching, long-lasting social, political and economic impacts and evoke a universal ‘sense of moral panic’ when recollected. In addition to a short discussion on the nebulous meaning of ‘terrorism’, this article offers an overview of how Canada is responding to the risk of terrorism. It concludes with the suggestion that, aside from taking precautions, we turn the proverbial light on what might be lurking in the long shadow of 9/11: is a conflation of the issues and challenges by different local, national, and international agendas limiting Canada’s ability to establish a clear and uniform response to terrorism?

NEW TERRORIST ORGANIZATIONS AND VIOLENCE IN GREECE: A DOMESTIC AFFAIR
By Dr. Maria Alvanou, Criminologist-Terrorism Expert & Lecturer at the Greek National Security School, Athens, Greece

Following a discussion on how the Paris and Brussels attacks define ISIS as the main security threat in Europe, Alvanou takes a look at the evolution of the terror legacy in Greece. She notes that emergent groups are heirs to Greece’s long history of terrorism, comprise old and new members, and that the ‘new’ terrorism is largely domestic and by definition even includes violent mob activity. In spite of many arrests, maintains Alvanou, these new groups are still active and may be colluding. Calling attention to an important shift from far-left-extremist to anarchist/antiestablishment rhetoric, Alvanou asserts that a clever use of symbolisms not historically associated with the anarchist-leftist scene works to legitimize the manifestos of these new groups by positing terror attacks as an inevitable mode of resistance to the social injustice and economic crisis currently afflicting Greece.

TERRORISM AND COUNTER TERRORISM – INDIA’S ROLE
By Dr. Tapan Chakraborty, Executive Director, Foundation for Police Research, Editor-in-Chief, COPS Today International, New Delhi, India
&
Professor (Dr.) Dipa Dube, Rajiv Gandhi School of IP Law, Indian Institute of Technology, Kharagpur, India

This article explores terrorism in India within a framework of its being the world’s largest democracy and 2nd most populated country, home to all major religions of the world and multiculturally diverse and federalist, plagued with economic disparity and structural inadequacies. These factors, note Chakraborty and Dube, combine with its geographical position to make it, according to the Global Terrorism Index, the 6th worst country afflicted by terrorism. Relating money to militancy and socio-economic disparity and unemployment to youth crime, the authors tag terrorism as one of India’s biggest challenges, with 859 terrorist attacks claiming 488 lives in 2014. Discussing India’s multiple insurgent/terrorist groups and ongoing attempts to counter them – including intelligence, military, and police organizations within the Indian Government, a plethora of laws, and a number of remedial measures to deal with terrorism – the authors identify the need to examine the prevailing internal environment and its direct bearing on the growth of terrorism.

COMPARATIVE PERSPECTIVES ON COUNTERTERRORISM PENAL POLICIES IN IRAN AND EGYPT
By Hassan Rezaei

This article questions the criminal justice systems in large authoritarian Muslim countries, such as Iran and Egypt, and their response to terrorism. With a focus on the ideological and constitutional foundations underpinning the ordinary criminal laws of Iran and Egypt, and by highlighting key similarities and differences, Hassan Rezaei explores the main recent counterterrorism legislations, and what they were created to target, of these two countries. Rezaei labels the Iranian model as Sharia-ruled counterterrorism based on the protection of Islamic State from secular forces and the Egyptian model as military rule for the protection of the secular establishment against mainly Islamist groups. Thus, this article offers a critical comparative overview of the main aspects of counterterrorism legislations in Iran and Egypt, noting a unique similarity between the penal policies of each and questioning the extent to which such repressive authoritarian criminal justice systems can help the global counterterrorism movement. Also emphasizing the rise of authoritarianism in both countries in spite of current public demands for a rule of law system based on democratic rules and human dignity, the author opines the need for international technical assistance from established rule of law systems.

A SURVEY OF RECENT JAPANESE TERRORISM AND GOVERNMENT COUNTERMEASURES
By Minoru Yokoyama, Professor Emeritus, Kokugakuin University, Tokyo, Japan (minoruyo@kokugakuin.ac.jp)

In the 1970s, Japanese leftists participated actively in terrorism, posing a new threat to people all over the world. However, during the economic prosperity of the 1980s, their activities waned. Although increasing numbers of foreigners began entering Japan on business ventures after 1980, Japan has experienced comparatively few terrorist attacks since that time. However, Japan is not immune to the problem and the recent terrorist events combined with local concerns of economic instability have raised new concerns. This article provides a brief overview of some of the key events that have shaped Japan’s response to the risk of terrorist attacks and threats, and highlight the measures the country has taken to protect public safety.

CANADIENS ENGAGÉS DANS DES ACTIVITÉS VIOLENTES À COMPOSANTE ISLAMISTE – NOTE DE RECHERCHE
By Stéphane Leman-Langlois (Université Laval), David Morin (Université de Sherbrooke), Stéphane Berthomet (École nationale d’administration publique)

We focused on the course followed, the motivation, the underlying rationale and the networks of young Canadians involved in political acts of violence in the name of Is- lam, especially in relation to the Iraqian and Syrian conflicts. We noted the absence of determining demographic, social, cultural or economic factors common to the population as a whole or to subgroups. However, we noted the very frequent influence of contingent events, such as crises, international current events and peer activities.

THE UNODC TERRORISM PREVENTION BRANCH: TECHNICAL ASSISTANCE DELIVERY
By Arturo Laurent and Joaquín Zuckerberg

This article discusses the reach of UNODC Terrorism Protection Branch (TPB) assistance to Member States for the ratification, legislative incorporation and implementation of the international legal instruments against terrorism. The authors point out that the framework is comprised of 19 international Conventions and Protocol mandating criminalization of terrorism-related offences under domestic laws and engagement in international cooperation. Zuckerberg and Laurent emphasize the lack of a universally accepted definition of terrorism and the fact that the instruments must be adapted to respond to specific manifestation of terrorism. In addition, the authors note that the diversity of legal systems makes the forms taken by the instruments dependent on domestic legislation, that there is no applicable penalty range, and that international conventions and Security Council resolutions do not define jurisdiction within the State. Positing the role of TPB technical assistance as one of ensuring effective implementation that prioritizes the rule of law and respect for human rights and requires the establishment of mechanisms for international cooperation. The article also discusses resolutions passed by the UN General Assembly, which they say also form an important part of the international framework, continue to shape the universal legal framework against terrorism, and compensate in some measure for the fact that not all the States are parties to the international instruments.

CYBERTERRORISM AND CYBER SECURITY: A GLOBAL PERSPECTIVE
By Latha Subrananian, Jianhong Liu, and John Winterdyk

Tomorrow’s terrorist may be able to do more damage with a keyboard than with a bomb. — National Research Council, Computers at Risk (1991)
This article provides an overview of the growing threat to global security and public safety posed by cyber-terrorism by exploring its main forms, the tools of the trade, how and why it engages terrorists, and national and international consequences and responses. Exploring the risk posed by the convergence of cyberspace and criminology and how theories such as target hardening can be used in prevention, the authors cite a vital need for special cyber-intelligence teams. The imperative of securing critical infrastructure and virtual communications systems is key, contend the authors, who criticize cyber-insurance schemes for offering only a modicum of resilience. Positing the national and international risks posed by the inherent vulnerabilities of cloud-based storage as requiring immediate action, in particular the potential threat to India, the authors maintain that – in lieu of effective prevention methods – the international law principle of universal jurisdiction is currently the most feasible deterrent.

COUNTER-TERRORISM STRATEGIES AND RISK MANAGEMENT: CONTAINING OR DISLOCATING RISK?
By Carmen Cheung and Ron Levi

This article begins with an overview of how – and in reaction to what – a new criminology leading to a reworking of crime “risks” focused on prevention was ushered in during the neoliberal 1980s-90, a time when governments were responding to “high crime rates as a normal social fact” (Garland, 1996). This approach focused on crime risk management over rehabilitation, served to widen the penal apparatus and emphasized the involvement of individuals and communities with police in helping to guarantee security. Pointing out that high crime rates are no longer normal social facts and the core threat to state authority is now terrorism, the authors explore and defend counter-terrorism legislation based on a range of risk-management approaches that can give the impression of being ‘contradictory’ and ‘schizophrenic’. These new provisions, suggest Cheung and Levi, alternatively contain or dislocate risks: citizenship revocation physically dislocates risk while passport revocation can either contain by disrupting potential terrorist activity or dislocate or externalize risk – if used to limit the ability of Canadians overseas to return to Canada.

THE LIFE AND DEATH OF CVE PROGRAMS: INFORMING PUBLIC POLICY
By Christine H. Neudecker, MA Student, Simon Fraser University

Neudecker explores public policy within a framework of Countering Violent Extremism (CVE) programs popular with Western governments. These programs aim at determining how and why people engage/are recruited and how to reintegrate those who disengage back into society. As such, CVE programs are largely prevention-based initiatives aimed at developing counter-narratives to help raise awareness in local communities. Neudecker notes the failure and questions of sustainability as not surprising given the failed trajectory of several CVE programs. While calls for reform have led to new programs, Neudecker explains that some ‘fixes’ may be ridden with faulty evaluative measures. The author notes that the fate of CVE programs is ambiguous in spite of the longevity of existing programs, improved focus of newer versions, and inclusion of CVE experts in development, but that study of the life and death of CVE remains vital. This article is based on the authors’ MA Thesis

CANADA AND THE ‘FIVE EYES’ ALLIANCE: FRAMING CANADA’S LEGISLATIVE RESPONSE TO TERRORISM
By Julianna Mitchell, School of Criminology, Simon Fraser University (jdm17@sfu.ca)

This article by Julianna Mitchell discusses controversies over Bill C-51, Canada’s Anti-terrorism Act, within a framework of an intelligence alliance comprising five nations including Canada: ‘Five Eyes’ Alliance. Noting that the ATA reforms affect security, privacy, and the power of police and surveillance agencies – and that there is divided support for many of its provisions – Mitchell posits (1) the adoption of a speech-related terrorism offences and (2) the enactment of the Security of Canada Information Sharing Act (SCISA) as the most controversial. As regards this former, she stresses that the Canadian application of this former offence to the ambiguous term of “terrorism offences in general” invokes a much broader scope than do its British and Australian counterparts. In terms of the latter, Mitchell notes that critics give credence to concerns of privacy issues and insufficient oversight, despite information-sharing failures amongst all ‘Five Eyes’ alliance states. Mitchell concludes by noting the need for critical assessment of the effectiveness of Canada’s counter-terrorism.

Opinions expressed in this publication do not necessarily reflect the Association’s views, but are included to encourage reflection and action on the criminal justice system throughout Canada.

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