exploring the link between terrorism & crime
TRANSCRIPT
Problems with Definitions – What is Crime and What is Terrorism?
What is the context of the behaviour?
Relationships between Terrorists & Criminals
Approach’s to Counter Terrorism
Case Study - PIRA
Estimated costs to terrorist group of conducting each attack:
9/11 - $500,000 2002 Bali bombing -$35,000 Madrid bombing- $10,000 London 7/7 bombing-$1000
‘Early predictions were that tourism would suffer dramatically,with one early report placing losses at £300m, while otheralarmist reports placed the total cost to London as between£2 and £3bn’ – Lloyds 2007 Report ‘Home Grown Terrorism, What does it mean for Business?’
Issues of Definition – Many acts carried out by terrorist groups are also carried out by criminal organisations ; Murder, Kidnapping, Armed Robbery.
Conflict arises because of definition between Crime & Terrorism, The variety defining ‘crimes’ between states. What is a crime in one country may not be a crime in another . Legal Drinking/ Consumption age - US (Ave 21yrs),
Ireland (18), Tunisia (15) Sudan (illegal) UK (15,16,17)
Political Nature of Terrorism – Agreeing on what is a terrorist act can be difficult between States. The perception of the act is the critical point – Would the Palestinian Authority and the State of Israel agree on what constituted a terrorist act during the 2008 Gaza invasion?
Matan Vilnai- ‘the Palestinians will bring upon themselves a bigger shoah (holocaust) because we will use all our might to defend ourselves’ (Hassan 2008)
Osama Abu Hemdan- ’As long as the Israeli military remains in Gaza, resistance & confrontation will continue’ (AFP 2008)
‘There is no justification for putting the P.L.O. on the list of terrorist organisations, the cause of the Irish people is also not terrorist, we give the I.R.A moral , not material support’ (Time 1981)
It’s a matter of opinion...................
So defining the terms ‘Terrorism & Crime’ can be subjective. Do certain terrorist acts amount to international crimes? Can they be qualified as acts against Humanity? Genocide?
Can they be prosecuted under International Law? (Hunt 1997)
Who do you prosecute? Can War Crimes be classified as Terrorist
Acts? – Srebrenica?
CONTEST
Terrorism is treated as an exceptional phenomenon
Introduction of ‘special laws’ restricting individual freedoms – PATRIOT Act & Terrorism Bill
Primarily Police and Security Service – Occasionally SF and AT units.
Endgame results in Trial and Judicial Process.
It must be pro-active not reactive.
Subject to legal oversight.
Government Oversight.
Clear identification of tasks and objectives – ‘Fighting the war on terror?’ How do you fight an Ideal?
Transparency.
International Conventions on Terrorism – define acts that are often but not solely carried out by terrorists. - Kidnapping diplomats, bombings, hostage taking.
Legal Implications of States recognising the right to the realisation of Self Determination under International Law. (Wilkinson 2006)
How terrorism is defined will implicitly choose the approach used to combat it. (Peterson 2004)
Political offenders & Non-State Actors- PIRA,ETA,FARC .
The ‘criminal nature’ of the terrorist offence vs. the political purpose – anti abortion groups.
Establishing the difference between criminal actions of terrorists and legitimate use of force by freedom fighters.
‘He who fights for a just cause...for the liberation of his country...against colonialism...can never be defined as a terrorist’ – Yassir Arafat 1974, UN Gen Assembly address.
Concept of Narco –Terrorism first coined in the 1980’s used to describe the modus operandi of drug cartels in South America.
Factors that affect the growth of both T&C – Globalisation Failed States Economic Hardship Lack of Incentive to combat either Terrorism or Crime
Terrorist Groups
Organised Crime
Shared Characteristics
Relationship with Environment
Ideologically Motivated
Market Driven Ideology
Strength of Purpose
Predatory – theft relationship (Iraqi Kidnap Model)
Social /Political Change
Material Enrichment
Similar Tactics- Kidnapping, Murder, Extortion
Parasitic – extracting concessions/tax from group (Black Taxis)
Need for political support base
Not needed Threat of physical violence
Symbiotic- Mutually profitable (Columbia)
Need for Media Coverage
Not wanted State opposition
Moral High Ground
Not needed Allegiance to the group
Lupsha , P. 1995
Diaspora – NORAID, Publications – An Phoblaict.
State sponsorship – Libya
Investments & legitimate business
Criminality - extortion, smuggling, ransom, robbery, counterfeit goods Tiger Kidnap & drugs?
Contributions within its own community
Northern Bank Robbery 20 Dec 2004 - £26 Million stolen by PIRA .- “This operation required great expertise and coordination, probably more than the loyalist gangs possess“ - Bowcot & Oliver 2004
Possible ‘retirement fund’ for PIRA volunteers – Times 2004
Rise in Pipe Bombs used in the Republic of Ireland by Criminal Gangs – 138 bomb scares in 2009.
28 Oct 2009 - €20 Million cigarette seizure ‘Criminals involved with dissident republicans’ - Irish Examiner, 2009.
C.A.B – Criminal Assets Bureau established in 1996 to deal with tackling proceeds of serious crime. Over €95 Million has been seized/raised in 10 Years. (GSPO 2009)
A.R.A – Assets Recovery Agency established under the POC Act, to date has seized over £6 million and frozen over £68.45 million. (PSNIPO 2009)
http://www.irishexaminer.com/home/criminal-gang-lose-euro20m-in-cigarette-seizure-104346.html. Accessed 10 Nov 09.
http://www.guardian.co.uk/uk/2009/may/12/northern-bank-robbery-court. Accessed 11 Nov 09.
www.axisoflogic.com/artman/publish/article_26185.shtml) Accessed 01 Nov 09.
www.lloyds.com/.../360_HomeGrownTerrorismReportFinalwebversion_031207.pdf Accessed 29 Oct 09.
www:news.bbc.co.uk/2/hi/middle_east/783422.stm Accessed 12 Nov 09.
Section 150, UK Licensing Act 2003
Faria, J.R (2006). Terrorist Innovations and Anti-Terrorist Policies. Terrorism and Political Violence, 18:1,47-56.
Horgan. J & Taylor,M. (1999). Playing the ‘Green Card’ – Financing the Provisional IRA: Part 1. Terrorism and Political Violence. Vol 11, No.2,pp1-38.
O'Brien, Brendan (1999). The Long War: The IRA and Sinn Féin. O'Brien Press. p. 142
Trahan J (2002) Terrorism Conventions: Existing Gaps and Different Approaches. HRW.
Wattad M. (2006) Is Terrorism a Crime or an Aggravating Factor in Sentencing? Journal of International Criminal Justice 4.