Role of law in combating terrorism

In this statement both law and role of law are important elements. Law has many connotations, philosophers have tried to define it in many different ways, and nevertheless it revolves around commands, sanctions, rules (which are recognised and applied by the administration of justice), morals, promises, rights and mutual human relationships. The word ‘role’ refers to conduct, part, contribution and effectiveness. Terrorism may define as the unofficial or unauthorised use of violence and intimidation in the pursuit of political aims.

First question that arises here is to understand the purpose of law because the purpose would ultimately determine its role. And since from the definition of the word, “Terrorism”, it appears that the act bears criminal connotations, we would have to review the objects and purpose of criminal justice. The main object of criminal justice system is ‘Deterrence’ and ‘Reformations’, however deterrence is mainly achieved through punishment, as the same can be termed as a method of protecting society by reducing the occurrence of criminal behaviour or else we can consider it as an end by itself.

Deterrence, acts on the motives of offender, it may be actual or potential and it creates disablement which consists primarily of physical restraints. From this angle, the role of law should be to provide a mechanism of effective deterrence or to opt for reformative approach or a combination; however, the punishments should be such that the offender thinks twice before committing to the acts of terror.

These crimes also call for a proper investigation so as to know the cause of crime and effects of penal treatment: Then the question of protection of society arises and it demands that the perpetrators should be disabled or restrained so as not to cause further harm. And for that the state action must be efficient, as the efficiency determines the effectiveness of the adopted measures.

The state must know that crime is a profitable industry and it flourishes without hindrance as its members are not only efficient but also very active to safeguard their interests. These facts also call for a desire for retribution as without this desire society cannot survive and such demands cannot be disregarded by the authorities.

Similarly, through civil actions deterrence can be provided by providing for seizure and confiscation of offender’s property whether moveable or immovable. The civil actions are very effective as these disable an offender and weaken its ability to strike. In certain cases, rights of compensation from the seized and confiscated property can be enforced by settling the claims of those who have been harmed by acts of offenders.

The role of enforcement and adjudication of law is an important function. The administration should be mindful in this regard that rights of individuals are to be taken seriously and where deserving the authorities may pronounce judgement even against the state, because that is the requirement of justice.

In this background, the role of law gains more importance, because law can structure a society which can have an in-built system of checks and balances, simple produces of settlement of causes and claims, satisfying the individuals about the role of state, those steps can maximise their trust on the state. The element of trust on the state is important as it gives confidence to the individuals and they restrain from indulging in the illegal activities.

The role of law thus is very important, because the enacted law can provide rights and obligations of the individuals, by providing a system of enforcement of rights, by extending provisions which can provide for deterrence through punishments and a reformative environment for those who repent on their doings. These objectives can be achieved by adopting the methods through which ability of criminals can be minimised, may be through seizures and confiscation of their properties.

In other words, the purpose and role of law is to extend equality and justice to all. By giving a commitment in this direction, law creates a better balance in society. Similarly, with regard to terrorism, the law can create an effective structure through which the activities of those who are involved in acts of terrorism can be checked, their goals can be destroyed and their planning and structure can also be dismantled.

The enforcement arms of the law must be effective, because even if a good structured law may be drafted and implement, yet it depends on those who implement it that how effectively they use it towards gaining their objectives, where the implementation is defective even a goods purpose law can fail in its objectives.

From this perspective the role of law in combating terrorism should focus on the goals to be achieved, to deter the criminals, to make them ineffective, to incapacitate them through confiscation and seizures of their property and to deter them by awarding punishments.

All this is required to safeguard the interest of society. Growth in a society can take place if there is order and discipline and this balance can be created through an effective legal system.