A Strategy to Deter Terrorism continues....

In the case of Japan, its Constitution although lays down a pacifist foreign policy agenda, nevertheless the Bill to Respond to Armed Attacks allowed for the first time Japanese forces to consider a preemptive strike if the interests and safety of citizens were endangered.

Canada, too, enacted a special law against those who knowingly “either directly or indirectly” provide funds for terror crimes. This has apparently made fund raising for various causes more difficult, a squeeze that LTTE found unbearable and hence it was part of the reason that LTTE crumbled before the Rajapaksa led Sri Lanka.

Canada earlier to 9/11 had no specific terror law. Post 9/11 is set down life imprisonment for those guilty of “instructing” anyone to carry out a terrorist strike and a 10-year jail term for harbouring a terrorist. It did away with the need to demonstrate electronic surveillance as a “measure of last resort” while allowing such surveillance. At the same time, it is viewing the setting up of DNA data banks of criminals and terrorists with favour.

Not surprisingly, these measures, as well as similar measures in Germany, UK, Australia, France and the US, faced strong opposition. The debate over special laws in legislatures and in the public domain have taken note of concerns over curbs on individual and human rights. Most laws have safeguards such as parliamentary oversight and independent reviews. CIA and FBI officials have to present testimonies to congressional committees. But, on balance, collective security has been given precedence. That is why US has enacted the Patriot Act.

In India, in response to a demand for bringing back the Prevention of Terror Act (POTA), it has been argued back that the Terror Act could not prevent the 13/12 attack on Parliament. However, because terrorists are very committed and even if they might strike despite special laws, such laws makes their operations tougher to carry out. It cannot be argued that because murders in ordinary crimes do take place, hence the Indian Penal Code would be scrapped.

To be continued...