• Home
  • Law


  • Category:
  • Document type:
  • Level:
  • Page:
  • Words:


When considering the countries that are linked to terrorism, the basis feature being that terror is purposefully to protect their sovereign policies. The essay is aimed at determining the differences between terrorism and communism with more clarification on how the two entities affect the victims, communism for instance dwelling much on the causes after the WWII and how it is related to the war on terrorism.

1.0 How the ‘war on terror’ construed as a war for the purposes of the defense power

According to the latest information on terror, the government have a task to reviews the counter (2007) leading the quest for enactment of Bill of Rights. Nevertheless, there is a perception that terror linked countries epically the Muslim community who are believed to have links with Osama Bin Laden (Hocking 2002). Due to lack of peaceful dialogue between the victims, it has proved tricky to determine the real cause of terrorist attack which at the end denying the innocent civilians from both the terrorist and targeted countries
(Hocking 2004).

It is adept that such matters be solved through merger peace keeping commities that entails parties from both sides so that the terrorist’s communities would also feel concerned in the quest to arrive at peaceful world. However, the freedom of the offenders is also examined within the commonwealth constitution based in the Australian Laws/ judicial system
(Georgiou 2005).

1.1The powers of questioning and detention

The laws under which terrorism is gauged within the detention powers should be considered in resolving the row; however, it is adept to correctly identify the detention and questioning power within the authority (Hocking 2002). Thus assist in substantial information collection to enable the law enforcement unit preempt appropriate law enforcement process (Orr 2003).

2.0 Terrorism

Terrorism being a secretive event performed without the knowledge of the victims. However, the laws should imperatively penetrate through the secrecy barrier to uncover the vital information on terrorism (Hocking 2004).

2.1 Terrorism offence

The Australiangovernment enacted other laws against inhumane acts for example defamation and censorship laws which limit expression freedom. However, the issue of anti- terror laws limiting presumption of innocence when considering the challenges posed by the attackers are threats, which are ill conceived. The enactment of law governing terrorism servesd two key functions as follows (Georgiou 2005).

However, the creation of anti-terror laws in Australia related to preservation of national security eroding citizens’ civil liberties. In Australia, the sedition laws and laws relating to the September 11 threatened to undermine the publisher’s political, religious and ideological contemplation. In Australia like any other country every human being has the rights to life. This is manifested through legislation against murder in the Australian criminal code referred to as the statutory law written by the government in the interest of the nation (Orr 2003).

2.2 Reforms

The commonwealth reforms in regard to terrorism entail preventive detention and control orders. Within the preventive orders, these by-laws enacted to control movement and activities of individuals who pose threat to the community (McHugh 2006). These control orders are commissioned by the courts under the influence of the executive; however, this is only possible after holding evidence from reliable source in regard to the allegations. Under the allegations and evidence that relates individuals to terrorism acts the police have the justification to prevent the acts rather than persuing investigations after a terrorist attack (Hocking 2002).

However, we must keep in mind that this is a preventive measure and must be dealt with prior to the occurrence/ terrorist act. Other than that, the commonwealth has also laid down legislations for preventive detention orders aimed at operating in situations prone to attacks previously attacked (Hocking 2004). Due to withstanding evidence of more attack, the suspected terrorists could be detained only if this is a better way to prevent further attacks or if the victims are derailing the investigative efforts in the terrorists’ attacks that occurred recently within the targeted areas (McHugh 2006).

There is not much difference between preventive detention orders and control orders in Australia being that due to credible and satisfactory evidence in a court of law; would have no otherwise than to be part of the security team to apprehend the concerned individuals on realizing such motive (Kirby 2001). However, under the situations mentioned, the interdicted is supposed to be dealt with by the court of law in order to come up with a neutral effect which is not oriented to a personal opinion on the issue of terrorism. Both personal and financial conditions are well covered to ascertain the independence of jury in relation to terror in Australia (Hocking 2002).

However, there are strict laws governing the duration through which an individual would be detained awaiting conviction in a court of law. Nevertheless, being that a suspect is still not guilty until proved, the suspects are not supposed to be questioned during detention (Orr 2003). Other that detaining the suspect in a cell, it is adept to realize that some of the questions that may be brought before the suspect while in detention would otherwise lead to a perception of the duration in which the case is ale to last (Stephen 2008). Through communication, such information could reach the terror group hence a more deadly attack on the individuals concerned. This, to a terror gang is enough to conduct unforgettable issues within a country (Hocking 2002).

In order for inhumane cases terrorism for instance to be well conducted, the victims should be treated with humanity, diligence and dignity being a global concern (Hocking 2004). The victims should embrace communication with the legal representatives and family members; this would lower perception that the suspects would not return from Hague and the like once convicted of being involved in terror like events (Stephen 2008). The commonwealth laws indicates that terror suspects should, be detained for a maximum of 14 days; however, in order to determine the truth behinds the allegations, the current laws seeks amendments to prolong the period of detention to realize solid forces within the legal practice to warrant community protection from eminent terrorist actions (Orr 2003).

Circumstantial wars are not comparable to terror for instance the WWI between 1914- 1918 and the WWI between 1939- 1945. Such wars are anticipated under misunderstanding between territories (Winterton 2009). However, the world wars had to end due to negotiations that solved the differences, comparatively terrorism is baseless despite the misunderstanding between countries hence, it is not a better alternative of solving issues as it leads to loss of innocent lives at the expense of the few self centered individuals (Winterton 2009). With respect to the commonwealth detention law, it is adept that the laws be used for non punitive reasons to convince the perpetrators of the necessity to have the terror laws in place. There should be reasonable distinction between laws and punishment which can also be simplified as protective and punitive within the law context (McHugh 206 and (Stephen 2008).

3.0 Terrorism and communism

Terrorism and communism are two different entities aiming at different concerns; however, terrorism is a form of threat that is aimed at creating fear and intimidation to both the government and individuals. Nevertheless, in most cases terrorism is related to the Muslim faith which should not be the case (McHugh 2006). Despite the differences in political, religion or ideological demands and expectations from the super powers, there should be room for dialogue not only in the favor of the super powers but the minority should also be considered incase they are on the right track (Kirby 2001). Additionally, considering the case experienced in Iraq and Afghanistan, where the terrorists posed global threats with an aim of controlling the sovereign countries (Stephen 2008).

This is a form of colonization hitherto the act of terrorism in order to instill fear in their opponents instead of setting them free to air their concern so that a global solution would be arrived at (Hocking 2004). In case the super powers would call for peaceful negotiations, such threats would be forgone cases; however, due to the fear of weapons owned by the minority which are perceived to be more dangerous compared to the ammunition owned by the supper powers a rift is realized in the quest for the super powers to disarm the minors so that they could retain the supremacy. Donation of smallpox infected blankets caused havoc in America, however, despite the issues both countries are still in good terms. The poor coexistence between the Muslim countries and the super powers is majorly related to the occupancy of the weapons of mass destruction. It is sad that the super powers do not know how to develop the weapons, an indication that which could not able to manufacture the weapons on their own (Orr 2003).

3.1 Comparing the ‘war on terror’ to the post World War II fight against communism

After the WWII, for instance countries merged differently for various reasons, for insistence Russia merged with Germany so that they could harvest the vast techniques that were deployed by the German soldiers during both the WWI and WWII, due to common goals Russian acquired what they longed for then later turned against German (Ford 2006). Such incidents led to an option of allocating all the countries ammunition into a central place which was only controlled by the goevernnement. Due to resistsnce or lack of formed opinion governments fought against each other in search of the best ownership and control system which would be adopted (Hocking 2002).

Communism practiced during and after the WWII included countries that demanded control of other countries within the global perspective for their on ill intentions. For instance, when Russia signed a treaty with the post WWI German troops in 1922 at the expense of merely providing training facilities and ground in order for the German troops to keep fit and engages in activities that would improve their technical skills and military attack techniques by then. The treaty between German and Russian troops really improved the Russian military technology and doctrines (Georgiou 2005).

In contradiction, terrorists are known to offer their lives for instance when handling destructive grenades and explosives while the communists openly train in order to gain the required skills to assist incase of attack. These two groups can never belong to the same class as their mandates and objectives differ (Hocking 2004). Terrorism being an act that sweeps the any living organism irrespective of race, political affiliation just to mention, however, communism resulted into war between the imperialist and the communist but the soldiers had a choice to choose from among the warring countries. Additionally, though both results into death of the army and civilians, terrorism involves destructive weapons that spare no living organism hence rated differently from the kind of ammunition involved (Hocking 2002).

  1. The war on terror ‘ought’ to be construed as a war

War on terror should not be interpreted as war, however, the anti terrorism should be encouraged through appropriate ways of negotiation that can be embraced by the terrorists to realize and recognize their presence within the global community. In order to convince the terrorist communities on the dangers of indulging in the attacks, the members of the same community should be involved in the anti terrorist and weapons of mass destruction fight with an aim of uniting the global community the rough embracing peace (APSA 1978).

There should be pace and reconciliatory treaties rather than anti terrorism war. However, considering the September 11th 2001, when terrorists attacked the twin towers as an example, to affirm the problem. However, having troops in the terrorists territory is meaningless without peaceful negotiations between the warring troops (Winterton 2009).

  1. Constitutional freedoms

The constitution entails the fundamental presence under which a state operates in order to rule in an amicable way without rubbing shoulders with the individuals and organizations that operates in the country (Ford 2006). However, a constitution is not only applicable within a country, there are subsequent treaties within the international court that are applicable should the cases go beyond the legal systems within the countries for example the cases of genocides where leaders resort to mass dealt in the quest to gain power. A country’s sovereign defines the systems under which are countries is based; however, within the written constitution, the state rules are not supposed to cross the fundamental rights of the individuals which in our case refers to the rights of terrorists (Georgiou 2005).

Like any other person, they too deserve to be treated as human beings and be judged within the laws operating in the countries. Constitutionally, when an offense is committed in a certain country, the law that should apply is not from the country from where the suspect originates from instead the laws of the country where the offense is committed should apply (Orr 2003). Due to the change in technology, the mode of operation also changes within the global judicial systems, this is experienced through use of electronic note books in the courtrooms instead of handwritten and typed articles, amendments and schedules. Hence, it is within the executive to determine the laws that requires amendments so as to increase the constitutional freedom of individuals within the countries (Hocking 2002).

In the international judicial system, an individual is supposed to have the freedom of speech and exhibits the human rights regardless of race, age or wealth (Hocking 2004). However, without proof of any concern or engagement in an illegal activity the law prevents chances of intimidation from the authority and the law enforcers until proved guilty of the offense committed (Hocking 2002).

  1. Conclusion

Terrorism and Communism are both contributing to violence and loss of lives, however, as experienced within the global community, there are peace keeping committees which are mandated to look into the warring countries and make efforts to create peace. As witnessed in the recent cases especially in African countries like Libya and Ivory Coast, war is not the best option as it leads to death of more innocent lives comparatively to the warring groups. Involvement of the UN peace keeping missions and NATO just to mention, assist in the quest to peacefully solve cases of war. Additionally, incase of a terrorist attack, it would be difficult to determine the time of attack hence posing challenge in the peace keeping process. The only better way to solve terrorist attack is through dialogue and treaties that are subject to agreement from both sides. However, linking Muslim community to terrorism is also another factor that leads to more trouble; this is due to misconception that terrorists are connected to the religious community.

Despite the beliefs that dying in crowd is a holy death, “according to the JIHAD”, death is a painful act that should not be related to certain communities. However, due to lack of trust between the countries and states do such issues occur, a lot of economic depletion is experienced not only in the global economy but also within the domestic market.


Australasian Political Studies Association (APSA). “ Politics: the journal of the Australasian Political Studies Association, Volume 13. Sidney- Australia. The Association, 1978.

Ford, B. “The Corporatisation of Australian Labour Law: Completing Howard’s Unfinished Business”. 19 Australian Journal of Labour Law 144, 2006.

, 17 November 2005, pp. 1-9. Terrorism law, multiculturalism and civil liberties’, offered at the ‘Laws for Insecurity?’ ForumGeorgiou, P. “

April 2011).th, Sydney, UNSW Press, 2004. (Accessed on 26Terror Laws: ASIO, Counter-Terrorism and the Threat to DemocracyHocking, J. “

April 2011).th2002, <http://www.austlii.edu.au/au/journals/MULR/2002/34.html>, (accessed 26Volume 34,, Melbourne University Law Review”, Chapter 2, Counter-Terrorism Laws: A Threat To Political Freedom, Civil Liberties And Constitutional RightsHead, M. “

Kirby. “After 11 September 2001”, 21 Australian Bar Review 3, 2001.

McHugh, M. “Terrorism legislation and the Constitution”. 28 Australian Bar Review 117m, 2006.

Orr, G. “ Realising democracy: electoral law in Australia”. NSW- Australia. Federation Press, 2003.

Stephen, K. “Whither Now? Pondering the Haneef Case”, Bulletin (Law Society of South Australia), volume 30, April 2008, pp. 18-22. (Accessed on 26th April, 2011)

Winterton , G. “Constitutional advancement in a frozen continent: essays in honour of George”. Victoria- AU, Federation Press, 2009.