Blue army : paramilitary policing in Australia

Examination of how Victoria's Special Operations Group and their tactics have contributed to the extraordinary number of police shootings in Victoria. Looks at how these tactics have been passed on to the ordinary police. Based on author's research into the paramilitarisation of the police. Exposes the risks of allowing Australia's police forces to move away from their original charter of keeping the peace with the use of minimum force. Author lectures in Police Studies at Deakin University. She has represented the families of several men shot and killed by police in the late 1980s in her work as a community lawyer.

The EU, counter-terrorism and the protection of Muslims as European minorities

This article examines the EU’s promotion of the religious identity of Muslims within the context of European counter-terrorism measures. Counter-terrorism laws of the EU and its Member States impact on the religious identity of Muslims. They have an arguably disproportionate effect on the civil rights of individuals in the quest to combat terrorism and can be seen to increase Islamophobia in two ways: a rise in general discrimination against Muslims and a requirement on Muslims to distance their connection to Islamic practice and traditions. EU law dealing with terrorist offences speak little of this backlash that Muslims face in European countries. Although the EU has somewhat of a framework in place which concerns the protection of Islamic identity, the reluctance of the EU to take a determined stance on the issue of the protection of religious identity is illustrated through the ambiguous nature of its legislation.

`Counter-terrorism`, human security and globalisation - from welfare to warfare state?

The continuing erosion of civil liberties in Western democracies, and in particular Australia, as a response to the threat of terrorist attack - the position taken that laws eroding civil liberties will ultimately fail in its attempt to combat terrorist activity while adding to human insecurity and violence - counter-terrorism measures resulting in the militarisation of law enforcement and provoking terrorism - linking counter-terrorism with globalisation.

Orde Wingate and the Special Night Squads: A Feasible Policy for Counter-Terrorism?

This article analyses the counter-terrorist operations carried out by Captain (later Major General) Orde Wingate in Palestine in 1938, and considers whether these might inform current operations. Wingate's Special Night Squads were formed from British soldiers and Jewish police specifically to counter terrorist and sabotage attacks. Their approach escalated from interdicting terrorist gangs to pre-emptive attacks on suspected terrorist sanctuaries to reprisal attacks after terrorist atrocities. They continued the British practice of using irregular units in counter-insurgency, which was sustained into the postwar era and contributed to the evolution of British Special Forces. Wingate's methods proved effective in pacifying terrorist-infested areas and could be applied again, but only in the face of 'friction' arising from changes in cultural attitudes since the 1930s, and from the political-strategic context of post-2001 counter-insurgent and counter-terrorist operations. In some cases, however, public opinion might not preclude the use of some of Wingate's techniques.

Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Administrative law remains the key defence against an over-zealous executive arm of government, but administrative law needs to be understood in an international context. Perhaps nowhere is this more apparent than in relation to legislation designed to counter terrorist activities. The co-ordination of terrorist activities knows no borders, and state-centered executive action designed to address the threat of terrorism necessarily operates in a broader global environment. An important but controversial part of Australia's counter-terrorism legislation suite is the power to proscribe terrorist organisations. The authors contend that the scope of judicial review available in relation to decisions of the Commonwealth executive to proscribe terrorist organisations is inadequate and may jeapordise Australia's compliance with international standards, such as those provided in the International Covenant on Civil and Political Rights. Now is an opportune time to reassess the structure and operation of the power to proscribe organisations in Australia.

Conservative corporate compliance: Reflections on a study of compliance responses by South African banks

While corporate non-compliance receives much attention, conservative and over-compliant responses are often ignored. These responses go beyond what is required by a particular regulatory requirement. In many cases, regulators may support such responses because they advance regulatory objectives. In the context of risk-based regulation and compliance, especially the model implemented by the Financial Action Task Force to combat money laundering and financing of terrorists, that may, however, not necessarily be the case. With this risk-based approach, regulated institutions are required to respond to higher risks by adopting enhanced risk mitigation measures and are allowed to simplify those measures where the risks are assessed as low. Failure in the latter cases to simplify risk mitigation measures where appropriate, may be inefficient and, in some instances, may even undermine regulatory objectives. This article investigates the drivers of conservative responses by South African banks to statutory anti-money laundering and counter-terrorist financing laws.

Brazil: the international financial crisis and counter-cyclical policies

Includes bibliography

Tolerance, Freedom, Justice and Peace?: Britain, Australia and anti-Muslim Racism in the UK and Australia before 11 September 2001

Since 11 September 2001, Muslim minorities have experienced intensive "othering" in “Western” countries, above all in those US-led anglophone nations which invaded Afghanistan and Iraq to prosecute their "war on terror". This paper examines the cases of Britain and Australia, where whole communities of Muslims have been criminalised as "evil" and a "fifth column" enemy within by media, politicians, the security services and the criminal justice system. Although constituted by disparate ethnic groups, the targeted communities in each of these nations have experienced similar treatment in the State's anti-terrorist measures, as well as ideological responses and everyday racism, making comparable the two cases.

The Extra-territorial Obligations of European States regarding Human Rights in the Context of Terrorism

This chapter focuses on the growing tendency of international human rights law to require states to protect the rights of non-nationals who are in the state unlawfully and of nationals and non-nationals who are outside the state, especially when any of these people are involved in terrorist or counter-terrorist activity. It reviews these additional obligations within a European context, focusing on EU law and the law of the European Convention on Human Rights and drawing on the case law of UK courts. Part 1 considers when a European state must grant asylum to alleged terrorists on the basis that otherwise they would suffer human rights abuses in the state from which they are fleeing. Part 2 examines whether, outside of asylum claims, a European state must not deport or extradite an alleged terrorist because he or she might suffer an abuse of human rights in the receiving state. Part 3 looks at whether a European state whose security forces are engaged in counter-terrorism activities abroad is obliged to protect the human rights of the individuals serving in those forces and/or the human rights of the alleged terrorists they are confronting. While welcoming the extension of state responsibility, the chapter notes that it is occurring in a way which introduces three aspects of relativity into the protection of human rights. First, European law protects only some human rights extra-territorially. Second, it protects those rights only when there is ‘a real risk’ of their being violated. Third, sometimes it protects those rights only when there is a real risk of their being violated ‘flagrantly’.

El extranjero y el derecho a la justicia en Canadá tras el 11 de septiembre

After the events of September 11, the fear of terrorism led to the adoption of new anti-terrorist measures (elimination of appeals available to foreigners, reduction of legal aid, increased powers of detention, easier use of security certificates…). But in Canadian Charter of Rigths and Freedoms only the right to vote and be elected, the right to enter and remain in the country and the minority language educational rights specifically protect citizens. The protection of Canadian citizens cannot be based on the denial of foreigner´s rights. The same rights are at stake: The violation of a foreigners´s rights is a violation of citizen´s rights.

Análisis de las relaciones bilaterales entre Pakistán y Estados Unidos en materia de seguridad (Periodo 2007 - 2010)

Después de los ataques del 11 de septiembre de 2001, Pakistán se ha convertido en uno de los principales aliados de Estados Unidos para combatir las fuerzas terroristas de Al-Qaeda y los talibán en el centro y sur de Asia. La alianza bilateral no ha manifestado resultados determinantes para aliviar los problemas de seguridad en Pakistán, por el contrario, la yihad islámica se ha fortalecido en su población y los ataques terroristas que atentan contra la población civil y el aparato estatal se vuelven cada vez mas frecuentes, en razón de lo anterior, los grupos insurgentes en Pakistán han fortalecido su capacidad operativa y expandido su escenario de influencia.

Análisis de la política exterior rusa frente a Abjasia en el período 2000-2008

El objetivo de la presente monografía de grado es analizar la relación entre la identidad dentro de Rusia y la política exterior de dicho Estado hacia la región de Abjasia. Se analiza y explica la manera en que los referentes identitarios dentro de Rusia en el periodo 2000-2008 influyen en las decisiones de política exterior que Rusia tomó hacia Abjasia en el campo militar y político. Se efectúa una revisión de textos (transcripciones de intervenciones y textos escritos) del Presidente y Primer Ministro de la Federación Rusa entre 2000 y 2008 para encontrar los referentes identitarios que determinan el comportamiento de Rusia hacia otros Estados y la forma en que influenciaron sus acciones con respecto a Abjasia.

Aportes para una fenomenología del terrorismo: superando el problema definicional

El artículo constituye un primer aporte a la elaboración de una fenomenología del terrorismo. Para ello, aborda el denominado problema defnicional que el terrorismo plantea en el foro académico, identificandosus fuentes y principales consecuencias. Finalmente, propone una definicióncomprehensiva de terrorismo que aspira a servir de marco conceptual para el desarrollo de investigaciones posteriores y como insumo lógico para la formulación de políticas y estrategias anti y contraterroristas.-----The following article offers a primary approach to the elaboration of a phenomenology of terrorism. In that sense, it firstdeals with the definitionalproblem the word ”terrorism” has originated in academic forums. It does so by identifying the source of this problem and its main consequences. Finally, the document proposes a comprehensive definitionof terrorism, which aspires to be useful as a frame of reference for the future development of research in the feld, as well as raw material for the formulation of public policies and anti and counter-terrorist strategies.

Financial inclusion and financial integrity : aligned incentives?

A large percentage of the population in developing countries saves, remits money or accesses credit using informal financial services. Financial inclusion initiatives aim to expand the reach and attractiveness of formal financial services. Recently, the Financial Action Task Force embraced financial inclusion as complementary to anti-money laundering and counter-terrorist financing as it enhances financial transparency. Analyzing preliminary data from FinScope surveys on eight African countries we argue that an increase in access to formal services does not automatically imply an immediate and corresponding reduction of usage of informal services, especially as many individuals use informal and formal services in parallel. We consider customer trade-offs regarding the use of formal and informal services especially considering transparency as a potential disincentive to use formal services. The alignment of financial inclusion and integrity will fail where customers are apprehensive about increased transparency.

The 2012 Revised FATF Recommendations: Assessing and Mitigating Mobile Money Integrity Risks Within the New Standards Framework

Mobile money holds great financial inclusion promise, but also poses financial integrity challenges. The Financial Action Task Force (FATF)—the intergovernmental global anti-money laundering (AML) and counter-terrorist financing (CTF) standard-setting body—expressed support for financial inclusion and mobile money as a means to decrease the use of non-transparent cash in many developing countries. In February 2012, FATF adopted a new revised set of standards. This Article considers the impact of these new standards on mobile money models in developing countries. It highlights aspects of the new standards that would facilitate innovative mobile money models, but also points to questions and challenges. The new standards are generally more facilitative of new financial services models for the unbanked and underbanked, but a number of key questions and implementation challenges remain. These include mobile money-related privacy and cyber-crime concerns.