The Nature of Terrorism in 21th Century - Coursework Example

The nature of terrorism in 21th century al Affiliation Task The nature of terrorism in 21th century Introduction Major events have marked the 21st century and among the most gruesome ones is terrorism. Terrorism is the act of dominating people and communities for the purpose of political, religious and prestigious gains. In the first decades of twenty first century, terror has dominated the world prompting governments and international organizations to adopt proactive measures that will deter the vice1. The heinous terrorists opted to start the millennium with gruesome attacks killing thousands and maiming others. For instance, on 11 September 2001, the y attacked America led by Osama Bin Laden who passed on recently after armed combat with the Special Forces troops. They caught the government unaware prompting it to enhance more power and resources to make sure the country is safe for all people. The government also embarked on curtailing civil liberties in attempt to reduce the vice. In the same breath, the reorganization of the civil liberties had to ensure that bill of rights was intact to ensure that people enjoyed rights and freedoms fairly. In the same breath, the American society uses the term terrorism on daily basis in description of various criminal activities and guerilla warfare against the U.S troops. Acts of United States engaging as Afghanistan, Iraq and Iran in war prompt many people and especially Americans to associate terrorism as fight against the Islamic extremism. Moreover, the names of renowned terrorists such as Osama bin Laden who are Muslims creates a stereotype of terrorism against Muslims living in United States in addition, most of them will not enjoy the civil liberties appropriately. In connection to the above events, the government has embarked on various engagements that crucially affect the civil liberties in pursuant to elimination of terrorism within the boundaries of United States2. Following the attack on September 11 in 2011, President George W. Bush enhanced some counter-terrorism measures that would ensure that the country is safe for all people. Considering the situation, it was appropriate to stipulate measures that would prevent any future cases of such attacks. However, the measures incriminated various civil rights making the life of Americans at homeland difficult and unbearable. For instance, the warrantless searching of domestic dwellings, unique renditions, cruel detention and enhanced interrogation, the opening of Guantanamo bay and continuous precedents allowing curtailment of civil liberties are hefty issues that have made the lives of Americans unsafe and unbearable. Few months after the bomb blast in 2011, the then president George W. Bush ordered capture and detention of suspected AL-Qaeda members in the Guantanamo Bay detention camp by the military officers. The bay is one of the worst detention camps that can ever exist in the world today where enhanced interrogations take place. The camp is under management and operation of the ruthless American navy and many people especially suspects end up dead in the centre. The prison holds suspected criminals especially those captured by the armed forces and executive branches of the government. Most of the captured prisoners especially by the army members of Taliban, ISIS, and al-Qaeda from the Middle East. The army in Afghanistan or allies in the Afghanistan and Iraq soil are the people who capture the suspects and in turn take them to Guantanamo bay. The capture, treatment and detention of the prisoners are highly controversial both in United States and abroad. Approximately 775 suspects (enemy combatants) are in the Guantanamo bay where they undergo various tortures and mistreatments and one of them includes enhanced interrogation. Approximately a third of these people are out to the world and most of them are nationals of China, United Kingdom, Saudi Arabia, Pakistan and other thirty countries. I 2001, the former president gave clear guidelines under which the guidelines would take place. He affirmed that humane treatment, freedom of religion, effective medical treatment would take place but they would not challenge or appeal the cause for their detention in the U.S courts or military tribunals3. The main reasoning behind the arrest was interrogating them concerning the ongoing terrorist activities taking place all over the world and more especially the United States. Initially, the department of defense asserted that enemy combatants should not be under protection of Geneva Convention and the government had the mandate to interrogate the detainees using crude methods. The officials have provided several sets that would facilitate interrogation in the Guantanamo bay as suggested by William J. Haynes who is the pentagon’s general counsel. The authorized techniques involved using physical stress, use of phobia, removal of clothing, deception attitude whereby the interrogator would feign that he comes from a country with a tendency of high reputation, and using false documents indicating isolation for about thirty days. These methods were highly applicable in the Guantanamo bay where violations civil liberties took place expansively. The civilian and military attorneys led the then general counsel Albert Mora instilled pressure on the defense department and in 2003; the department revoked use of these techniques because they violated human rights extensively. In 2003 April, the department published other interrogation techniques eliminating the harsher techniques. However, the detainees in the Guantanamo bay affirmed that inmates ha d occasionally received beatings, electrocution and denial of food and water. For instance, FBI agents affirms that for the few times he witnessed interrogations, the detainees had chains all the way from foot to hands lying on a fetal position on the floor.They did not have any chairs, water or food the fact that made them very weak. Similarly, they occasionally urinated and defecated themselves and left for 18 to 24 or more. These are the highest orders of human right violation and the government denied these claims. In the same breath, the former president Bush signed detainee act of treatment that limited the techniques of interrogations allowed in Guantanamo bay as well as other American detention camps for the military identified by the manual for the field army. Legal experts have concerns about the status of the detainees of Guantanamo in the international law as well as the United States law. During capture of the detainees, the United States government asserted that they did not have equal rights like other prisoners of war and the executive order had to remain. The government continued arguing that Guantanamo bay is in Cuba, the government did not have jurisdiction to evaluate the legality of the detention. The international amnesty and human rights assert that is wrong to hold prisoners in black holes because it is a violation of human rights. 4 The legality of holding the detainees at the Guantanamo bay has been an issue subjected to various lawsuits decided the administration of George W. Bush. In the same breath, Rasul V. Bush went ahead and challenged the practice of denying the detainees the habeas corpus that is the right to hold petitions in a federal court. However, the Supreme Court continued ruling that United States had complete jurisdiction of the Guantanamo bay and therefore, the detainees had the right to file for habeas corpus in the relevant American courts. The fourth amendment of the American constitution affirms that each man’s home is his castle and it should be secure from all forms of searches and seizures of property by the government. The amendment protects people from arbitrary arrests forming the basis of the law relating to search warrants, frisk and stop, safety inspections, wire tapes among other instruments of surveillance. It also touches other criminal topics that involve privacy and law. The amendment continues to posit that criminal investigations must not take place without warrant of search indicating place and reason for the written warrant. However, FISA allows the government to continue conducting searches without warrants in case federal judge gets a good reason that the individual does in connection with foreign powers. However, according to PATRION act title ii, if the government does not provide substantial evidence that the search has concrete relationship with terrorism, the judge has no mandate to write the warrant. The justice department in 2002 affirmed that application such provision is only appropriate for public libraries, newspapers or the bookstores. Moreover, the University of Illinois continued affirming that in September to October of 2002; approximately 10.7% of all the libraries had received requests requiring them to prepare for patron reading materials. The reports may get significantly unreported taking into account that they have gags in the law. Moreover, title ii gives the government authority to apply trace and trap mechanisms to provide information for any suspected terrorism living in the United States. However, the government at times goes to the extent using the considerations wrongly hence interfering with privacy and freedom of the United States citizens. The current precedents have continued to curtail the civil liberties in the name of counter-terrorism war and the issue must go through various re-considerations. In attempt to protect the Americans, from potential future attacks, many people tend to believe that it is appropriate to invade the privacy of most people to ascertain whether they have any possible terroristic plots. However, it is practically outrageous to restrict the American civil rights for any particular phenomenon. Research indicates that the precedents passed over time indicate that courts have ruled in favor of the government trying to fight terrorism. Therefore, it will favor actions that curtail the civil liberties of people while at the same time trying to ensure the country is safe. However, this is not according to the constitution because it asserts that the constitution of the united states is a sovereign document for rulers and people upheld in peace and war5. Conclusion There is no single reason that people should flout the constitution in the name of ensuring safety of the people. The continuous and erroneous precedents made over time are contraventions of the constitutions and such judges and attorneys should go through a serious vetting to ascertain their credibility. Civil liberties are paramount in the constitution of United States. They govern the conduct of people through defining rights and freedoms that people must en joy while living in the country. Moreover, the constitution affirms that is a sovereign document meant to protect the interests of all people. Therefore, any action of denying or contracting the civil liberties means contravening the constitution which a heinous crime in United States. Reference Deflem, Mathieu, and Shannon McDonough. "The Fear of Counterterrorism: Surveillance and Civil Liberties since 9/11."Society 52, no. 1 70-79. Academic Search Premier, EBSCOhost accessed April 27, 2015 Read More