Since then, States concerned were enhancing their security to avoid such horrible incident from happening. The initiatives mostly are from the National Governments themselves, Regional Groups/ Associations and Foreign Assistance although concerned States may have their initiatives rooted from a combination of two or all of the factors mentioned. States have exerted efforts and funds to develop and improve their own counterterrorism measures, US has announced its all out war against international terrorism, Philippine Government to no exemption had initiatives that struggled to rebuild and establish relations for security purposes.
Violators of the law prior to the 9-11 incidents were called criminals but after the incident, classification was made between terrorists and criminals. Although different in labels, their actions have common nature and thus terrorists are now called criminals. In a highly globalizes world where everything seems to be at reach, some terms, classifications and definitions had also turned vague. The researchers would look into laws of the Philippine Government and the compliance of Philippine National Police (VPN) in addressing terrorism.
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The study loud look on how the laws of the Philippine Government are translated and implemented by VPN in securing the public. Also, media would be of great help as it are portrayed by media greatly affects the general public which almost all of the time certainly leads to hasty generalizations. Chapter 1 – Background of the Study Philippine Government is the single largest entity responsible for governing and securing its borders and territories.
The Government has branches and further divisions with each concentrating on different issues, Philippine National Police (VPN) or one has the mission to enforce law, prevent and control crimes, maintain peace and order, and ensure public safety and internal security with the active support of the community (www. VPN. Gob. PH/organization). With that being the case, it is expected from them to be very active in prevention and detection of threats such as terrorism. Since States have differences, former Ambassador Hillarie Divide Jar. Has urged that “There should now be a universally accepted definition of terrorism and a condemnation thereof as a crime with a recognition of the criminal intent of striking ear and terror” (INQUIRER. Net, 2008) as it was most common for acts of terrorism to be prosecuted as ordinary crimes in most Jurisdictions, whether as murder, assault, damage to property, arson and so on. It also sometimes falls under the scope of conventional national security or public order offences, such as treason, rebellion, sedition, treachery and so on, or by resort to offences under emergency laws in exceptional cases (Saul, 2010).
On 2010, a tourist bus with Hong Kong nationals was held hostage at Squiring Grandstand at Manila and it was classified as hostage crisis ND mass murder at the same time (Philippine Daily Inquirer, 2010). It ended up with total of 9 deaths, majority of which are foreign nationals including the perpetrator and at clear view it was a failure on part of the police which has the task of maintaining peace and order and maintenance of public safety. October of last year 2012, there was a stabbing incident inside the campus of Far Eastern University (FEE).
FEE guards denied the incident from occurring at their premises at first but it was later confirmed by the university (Dijon, ABACAS news. 2012). December of last year 012, three FIJI students were shot at while walking along R. Papa Street, Moray Manila and two of the victims died (Medina, GAMMA news. 2012). The examples cited are all life threatening and alarming to the public. The executors of those acts are considered terrorists when placed in the context of international standards.
United Nations (UN) in 2005 defined terrorism as any act “intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government or an international organization to do or abstain from doing any act. ” Federal Bureau of Investigation (FBI) defines terrorism as “use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof. European Union (ELI) defines terrorism as acts “with the aim of: seriously intimidating a population; or unduly compelling a Government or international organization to perform or abstain from performing any act” Australian Government defines terrorism as an action or threat intended to advance a political, ideological or religious cause by coercing or intimidating an Australian or foreign government or the public, by causing serious harm to people or property, endangering life” (National Counter-Terrorism Plan, under national law mainly because of lack of terrorism-specific laws prior to 9-11 .
The immediate impulse to criminality terrorism after 9-11 was the adoption of Resolution 1373 by UN Security Council wherein domestic crystallization of terrorism was stimulated and foremost conceptualized as an international security problem and in the Security Council’s Judgment, the crystallization of terrorism is one means of tot preventing and punishing its occurrence, even it was simultaneously apparent that national military responses were forthcoming. Furthermore, terrorism is more on mall per SE crimes since there is widespread international consensus about the latter as constituting a gross violation of accepted rules.
Section 3 of Human Security Act of 2007 in Philippines has defined terrorism as any person committing punishable acts on the provisions of the Revised Penal Code: (a) Piracy in General and Mutiny in the High Seas or in the Philippine Waters; (b) Rebellion or Insurrection; c) Coup d’etat, including acts committed by private persons; (d) Murder; (e) Kidnapping and Serious Illegal Detention; and (f) Crimes Involving Destruction, or under (1) The Law on Arson; (2) Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990; (3) Atomic Energy Regulatory and Liability Act of 1968; (4) Anti- Hijacking Law; and (5) Anti-Piracy and Anti-Highway Robbery Law of 1974. But criminal liabilities under some domestic law were also available to respond to terrorism, allowing the criminal law to also deal with terrorist attempts, conspiracies, aiding and abetting of terrorism. Philippines had taken its own course in combating terrorism but when combined with regional and international initiatives, nonetheless it is active in participating in efforts to counter terrorism.
According to the former President Arroyo the Philippines is prepared to “go every step of the way’ with the US as she pointed that “the national interest are linking a struggle against international terrorism with the struggle against terrorism in the Philippines. ” Chapter 1 – Statement of the Problem 1 . What are the protocols of the Philippine Government in countering terrorism? 2. How do the VPN interpret the laws of Philippine Government concerning terrorism? 3. How do the VPN incorporate laws of the Philippine Government concerning terrorism to their daily regimen? Chapter 1 – Objectives of the Study 1. To present the response of Philippine Government concerning terrorism; 2. To discuss criminality of terrorism; 3. To analyze the effectiveness of Philippine Government in countering terrorism through the VPN.
Chapter 1 – Theoretical Framework The framework that would be used by the researchers would be Proactive and Defensive measures laid by Responders and Candler in. According to them “The different possible measures which can be taken by a certain government (to counter terrorism) can be divided into two groups: Proactive and Defensive Measures” Proactive measures are those actions which attack terrorists directly, that is, terrorist that attack terrorists’ human and non-human resources, such as training camps, ammunition depots, financial assets and other sorts of sponsorship or infrastructure. Proactive responses are more aggressive and include destroying terrorist assets, retaliating against terrorist sponsors, infiltrating a terrorist group, or some other action to make the group less effective.
Defensive measures are those actions which do not attack terrorists directly. They are more likely to be measures that make terrorist attacks more costly and decrease their likelihood of success. Defensive actions include hardening targets, erecting technological barriers, securing borders, and increasing surveillance. Defensive policies try to deter an attack by either making success less likely or increasing the anticipated costs to a would-be terrorist Chapter 1 – Conceptual Framework Philippines is the first Asian country to announce support on war against international terrorism and therefore laws have passed to respond to increasing threats proactively and defensively.
For proactive measures, Philippine Government first had “The Anti-Money Laundering Act of 2001” in which it: Criminals money laundering, Creates a financial intelligence unit, Imposes requirements on customer identification, record keeping and reporting of covered and suspicious transactions, Relaxes strict bank deposits secrecy laws, Provides for bank inquiry and freeze ex parted petition/seizure/forfeiture/recovery of dirty money/property and Provides for international cooperation. With offenses and penalties as follows: Knowingly transacting or attempting to transact any monetary instrument/property which represents, involves or relates to the proceeds of an unlawful activity.
Penalty is 7 to 14 years imprisonment and a fine of not less than PAM but not more than twice the value of the monetary instrument/property. Knowingly performing or failing to perform an act in relation to any monetary instrument/property involving the proceeds of any unlawful activity as a result of which he facilitated the offense of money laundering. Penalty is 4 to 7 years imprisonment and a fine of not less than Pl . MM but not more than PAM. Knowingly failing to disclose and file with the MALL any monetary instrument/property required to be disclosed and filed. Penalty is 6 months to 4 years imprisonment or a fine of not less than IIOP,OHO but not more than IPPP,OHO, or both. It was later amended into “The Terrorism Financing Prevention and Suppression Act of 2012. Under this act on Section 4: Any person who, directly or indirectly, willfully and without lawful excuse, possesses, provides, collects or uses reporter or funds or makes available property, funds or financial service or other related services, by any means, with the unlawful and willful intention that they should be used or with the knowledge that they are to be used, in full or in part: (a) to carry out or facilitate the commission of any terrorist act; (b) by a terrorist organization, association or group; or (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism and shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetual and a fine of not less than Five hundred thousand pesos (PH 500,000. ) nor more than One million pesos (PH 1,000,000. 00). Any person who organizes or directs others to commit financing of terrorism under the immediately preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein prescribed. These acts might have trampled schemes and collection of funds of different operating terrorist groups. For defensive measures, Philippine National Police has laid down its Three-Tiered Defense System Against Terrorism which focuses on Intelligence, Target Hardening and Incident Management. This Defense System rests solidly on community readership and the involvement of the entire society.
Intelligence (To know the enemy and identify their potential targets) includes: identification of potential targets and terrorists/ organizations Local Government Executives (Mayor, Governor) should have their own intelligence collector to coordinate properly with VPN for arrests and manhunt operations Establishing effective communication link with the community Intelligence sharing and fusion with other government agencies Target Hardening (Making it difficult to terrorist to succeed in their targets) includes: Enhancement of hysterical and personnel security measures through: Deployment of VPN/ APP security personnel Enhancement of technological equipment Conduct of security survey and inspection Strengthening of physical security measures Development of security consciousness Community partnership Incident Management (To manage effectively the incidents and mitigate the effects) includes: Local Government Executives taking the lead role Establishment of On-Scene Command Post through: Secure and render safe the site Evacuate and provide first aid Investigate, gather evidence and arrest suspects
Establish communication linkages Manage information Traffic and crowd control Put out fires (if any) Trauma Management The researchers had presented the Proactive and Defensive Measures by the Philippine Government but for this study, they would only focus on the effectiveness of Philippine Government’s Defensive Measures through the VPN Three-Tiered Defense System Against Terrorism. Chapter 1 – Scope and Limitation The researchers would look into the VPN Three-Tiered Defense System Against Terrorism and their compliance to the system. PANS effectiveness would be assured by some of the most disturbing, gore and gruesome news and/or reports about events that has sowed fear to the general public. They would use the Republic Act No. 372 or “Human Security Act of 2007” as the basis for identification of acts labeled as terrorism. Researcher would have to conduct interviews with institutions involved and consult news and reports for second analysis of their response to support this study. Chapter 1 – Significance of the Study The purpose of this study is to measure the compliance of Philippine National Police government Chapter 2 – Review of Related Literatures This chapter looks into different literatures both foreign and local which is seen by the researchers relevant and significant for their study. Terrorism The word terror derives from the Latin word terror, meaning “to frighten. The word has been applied in a variety of contexts вЂ? from a sobriquet for a vicious despot (Ivan the Terrible), to eras of violent political turbulence (Reign of Terror during the French Revolution), to the sporadic outbursts of violence the world knows today as international terrorism (Boll, et al, 2002). However violence is not the main focus as Eileen confrontations during World Wars I and II are not considered terrorism. Violence therefore becomes the mean to terrify or frighten populations rather than the end itself. Terrorism is a topic that has been long discussed as it is on media and other forms of life. Various definitions are found anywhere. For US Department of Defense in 2003: “Terrorism is the unlawful use or threatened use of force or violence against individuals or property to coerce or intimidate governments or societies, often to achieve political, religious, or ideological objectives”.
Philippines’ Republic Act 372 in 2007 defined terrorism as “the premeditated or threatened use of violence or force or any other means that deliberately cause harm to persons, or of force and other destructive means against property or environment with the intention of creating or sowing a state of danger, panic, fear, or chaos to the general public or segment thereof, or coercing or intimidating the government to do or refrain from doing an act”. For Enders and Candler (2006) in Triadic (201 1), all modern definitions include the presence or threat of violence and a political or social motive which also includes the victim(s), who is directly threatened by attacks, the perpetrator(s), the party conducting attacks and the audience, mass population indirectly victimized but is threatened.
Although in need of international clarification of definition, the essence could still be captured as generally; It has been argued that terrorists are in essence persons who (threaten to) use deliberate force against civilians and civilian objects with the purpose of spreading terror (Gill, 2010). Forms of Terrorism Domestic terrorismвЂ?also called national terrorismвЂ?refers to acts of terrorism omitted within the territorial borders of a country and involving citizens and interests only of that country. An example would be the Palestinians terrorism in Israel is a form of domestic terrorism. International terrorism – or transnational terrorism refers to acts of terrorism involving citizens or the territory of more than can simultaneously conduct attacks to other territories as well.
Terrorism as/ and Crime Most but not all activities commonly perpetrated by terrorists, are considered illegal and illegitimate by international community. Terror activities such as indiscriminate mobbing, armed assault on civilians, focused assassinations, kidnapping, hostage- taking and hijacking are considered criminal offenses in national and international laws. The motive or intent of a crime might be ‘political’, but the act itself is considered ‘criminal’. Crime has been defined as “the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited and punishable under the criminal law’. Other definitions also mention punishable ‘conduct’ that is deemed by statute or by the common law to be a public wrong.
Its conceptualization varies considerably across time and cultural space, as the laws vary and as what is considered (IM-)moral varies. An act of omission (or inaction), which results in preventable harm, (like the failure to help someone in a life- threatening situation), can constitute a crime in some Jurisdictions while others do not make it punishable by law. The state has the prerogative to proscribe an act, which is deemed harmful, and can declare it to be a crime in which state assumes the right to punish the offender. When it comes to terrorist crimes, a narrow benefiting of terrorism that would focus on mall per SE crimes appears desirable, since there is widespread international consensus about the latter as constituting a gross violation of accepted rules.
The UN Ad Hoc Committee on Terrorism, in its informal text of article 2 of the draft Comprehensive Convention on International Terrorism, defined terrorism in the following way: Any person commits an offence within the meaning of this Convention if that person, by any means, unlawfully and intentionally, causes: (a) death or serious bodily injury to any person; or b) serious damage to public or private property, including a place of public use, a state or government facility, a public transportation system, an infrastructure facility or the environment; or (c) damage to property, places, facilities, or systems referred to in paragraph 1 (b) of this article, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or abstain from doing any act.
This definition focuses on the ‘offence’ character of errors, clearly uses a crime perspective. Counter Terrorism The same with Terrorism, Counter Terrorism has no unequivocal definition. The UN Global Counter Terrorism Strategy in 2006 defines it as actions by states and international organizations to: (1) address the conditions conducive to the spread of terrorism and (2) prevent and combat terrorism. The UN strategy is the apprehension and prosecution or extradition of perpetrators of terrorist acts. For Enders and Sanders in 2006; “Counter terrorism consists of all government actions which try to prevent terrorist attacks or curtail their consequences.
Gangs (2005) says that the main goals of countering terrorism are (1) eliminating terrorism by removing terrorists incentive to commit attacks and use violence against the state and its citizens, (2) minimize damage which can have subtotals such as reducing certain types of attacks then (3) preventing the escalation includes stopping the terrorist political achievements and blocking all supports. Philippines Response to Terrorism As part of its support to the American-led global campaign against terrorism, the Philippines hosted the American troops to conduct Joint-military exercises in the Philippines dubbed as Balalaika 02-1 . The Philippines and the US launched the Balalaika 02-1 in February, 2002 with the official goal of enhancing the capability of Philippine and US forces to combat international terrorism with special attention to the insurgent groups especially in Mindanao (Banally, 2002).
In 2002, former President Gloria Arroyo by her power as the President of the Republic of the Philippines and she therefore, “hereby call upon the Armed Forces of the Philippines and the Philippine National Police, to prevent and suppress acts of terrorism and lawless violence… ND direct the Chief of Staff of the Armed Forces of the Philippines and the Chief of the Philippine National Police and the officers and men of the Armed Forces of the Philippines and the Philippine National Police, to immediately carry out the necessary and appropriate actions and measures to implement this General Order, with due regard to the constitutional rights of every individual. ” (www. Gob. PH) In March, 2007, the Philippine government signed into law Republic Act 9372, otherwise known as the Human Security Act (HAS) of 2007. It serves as the country Anti-Terrorism Law.