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1
Department of Criminology
Distance Learning Programmes
_____________________________________
Assignment Cover Sheet for submission of examined formal assessments _____________________________________
Course Name and
Qualification
Name of Student Student Number Intake
Month and Year
MSc Security and Risk
Management
David KLIMAS 139 046 783 March 2014
Submission Date Module/Assignment Number (e.g.: FA1)
Word Count
Page Numbers
Inserted (state YES)
22th March 2015 Module 4 / FA4 4.000
YES
Essay Title
In order to effectively manage the risks posed by terrorism, both government and business need to balance
prevention with human rights concerns. Please discuss how balancing these concerns can impact upon the
development and implementation of business continuity planning.
2
Terrorism seems to be a very contemporary threat to society. There is hardly a single day where
Medias do not report about one aspect of terrorism or another making it an omnipresent event (Seib
and Janbek, 2010). While there is arguing if the form of terrorism, as it is currently perceived, is a
new form of terrorism or a simple continuity of the terrorism which existed in the past (Field, 2009;
The Washington Post, 2001), there is no doubt that for the past few years, there have been an
increasing number of new measures and legislations proposed and partially implemented to counter
or respond to terrorism (EurActiv, 2015) and which has increasingly brought human right concerns to
the fore. This essay will begin with outlining what is meant by terrorism including an overview about
its aims and objectives. It will further develop in more details how terrorism manifests itself, the
types of attacks which seems to be the common today, against individuals and organizations and
what the consequences and impacts of those attacks are. In the second part, the essay will assess the
measures which are taken by governments and companies to counter or respond to terrorism and
what human right concerns result from those measures. A brief overview about the current debate
will be provided which will allow the reader to develop an understanding that terrorism and human
rights are no longer restricted to state actors. Finally, the essay will attempt to demonstrate how
business continuity planning, a process to restore or continue operations and processes, relates to
human rights. How a process of recovery from a terrorist attack could possibly raise human rights
concerns and what corporate decision makers could to take those concerns into account in business
continuity planning. Throughout the different parts of this essay, the reader will be able to identify
arguments for and against particular measures in order to develop a perception and personal
judgment about the appropriateness and balance between too hard and too weak measures against
terrorism.
Spence and Richmond (2013) described terrorism as the use or threat to use of unlawful violence
with ‘the goal of causing a change in system’ (Spence and Richmond, 2013: 927). This definition may
be accurate but seems somehow simplistic and incomplete as it would brand groups as the rioters
during the Brixton Disorders in the United Kingdom; those movements emerged during the Arab
Springs or any other national liberation movements as terrorists. A more detailed definition was
attempted by the United Nations and includes violence, intimidation or hostage tacking related to
very specific purposes outlined further in a draft convention (Office of the United Nations High
Commissioner for Human Rights, 2008). Diverging views between countries whether or not national
liberation movements should be considered as terrorists lead to a refuse of a universal definition and
resulted in a multitude of vague and broad definitions by states (Office of the United Nations High
Commissioner for Human Rights, 2008) which serve the interests of those states. It was recognized
that the absence of a definition can cause abuses as those ‘to limit political opposition’ (Office of the
3
United Nations High Commissioner for Human Rights, 2008: 40). This essay does not have the scope
nor the purpose to participate in the current debate on what terrorism is or should be. For
simplification, it will concentrate on violent extremists, religious motivated groups, as it is described
in the last edition of the Worldwide Threat Assessment of the US Intelligence Community (Clapper,
2015). The next paragraph will outline why the public debate and decision making concentrate so
much on terrorism, given that terrorist attacks do not figure within the ten most likely risks nor
within the ten risks with the highest impact (World Economic Forum, 2015).
Field (2009) developed some extensive thoughts on changes of terrorism behaviour and nature. He
claims that the idea of modern terrorism, as it emerged during the 1990s (Field, 2009: 196), is
exaggerated and that the objectives, organizations and operations of terrorist groups has not
fundamentally altered (Field, 2009: 195) from those in the past. He further cited the German Red
Army Faction, the Provisional Irish Republican army or the Basque ETA as examples of this. However,
the argument that terrorism is the same is it always was can be challenged taking the increasing
globalization into account. Pillar (2001) argued logically that the risk to the public and society
increased with the ease of movement of individuals, including terrorists, and resources around the
globe, the more easily spreading of ideas and news trough medias and social networking and the
tightly connections between structures and transnational operations. Halibozek, Jones and Kovacich
(2007) build on this idea and claimed that a successful terrorist attack in Asia can affect businesses
based in Europe and America (Halibozek et al., 2007: 129). Before outlining the impact of terrorism in
more details, the following two paragraphs will provide a brief overview about the purpose of
terrorism, as it was defined above, and how terrorists attempt to achieve that purpose. Those
clarifications are required to bring Human right issues of terrorist attacks, counter terrorism
measures and recovery from terrorist attacks into context.
Regarding the purpose and objectives of terrorists, this essay will concentrate on the terrorism
defined above. Benjamin and Simon (2003) claimed that today’s terrorists are motivated by divine
inspiration ‘to restore the world to a perfect state (Benjamin and Simon, 2003: 66). The creation of
an Islamic state as it is claimed by the terror organization ISIS is an example of this objective but
which seems somehow incomplete as it leaks to explain attacks as the July 7 Bombings in London
2005 (BBC News, 2006) or the most recent attacks in Paris (BBC News, 2015). The United Nations
described the objectives of terrorists more widely with the ‘provoking a state of terror in the general
public’ (Office of the United Nations High Commissioner for Human Rights, 2008: 6) completed by
punishment and revenge (Field, 2009), intimidation (Security Service MI5, 2006) as well as the
undermining of civil society and the destabilization of governments (Office of the United Nations
High Commissioner for Human Rights, 2008). De Kerchove (2008) went even further claiming that
4
terrorists attempt to provoke governments to over-react with the purpose to undermine states
legitimacy and credibility. Finally, it is also argued that terrorists have financial objectives as
sabotaging the economic development in a society which does not share their beliefs and values as
well as funding their cause by extortion and hostage taking, exploitation of natural resources and
illegal tax collection (Hirst, 2014). This last objective provides evidence that terrorists do not limit
their targets to governments but also corporations, cultures and individuals. The next paragraph will
provide an overview about the most common actions conducted by terrorists.
Halibozek et al. (2007) described five categories of terrorist activities, all of which can occur away
from the locations which under direct control of terrorist organizations: Military type assaults,
bombings, CBRN attacks, disruption of critical infrastructure and finally kidnap, ransom and
extortion. Except for Chemical, Biological, Radioactive and nuclear (CBRN) attacks, the last decade
have provided numerous examples for each of those categories. The attacks against Charlie Hebdo
Newspaper in Paris do fall into military type assaults as do the Shooting in the Westgate Shopping
Mall in Nairobi, 2013 (Howden, 2013). The capacity for bombings using improvised explosives have
been demonstrated trough the suicide bomber in Stockholm 2010 (Borger, 2010) as well as the
attack on the Boston Marathon 2013 (Greenemeier, 2013). Within critical infrastructure,
Transportation has been the one principally affected by terrorist attacks. The London (BBC News,
2006) and Madrid (Popham, 2014) attacks are two examples of this category. Kidnap and ransom
events take place mainly in Middle-East and south-east Asia (Bello, 2014) but western society is not
exempt from that threat as the Sydney hostage tacking has shown (Ralston and Partridge, 2014).
There have also been attacks using biological or chemical agents. Offenders of past CBRN attacks, as
the Sarin attack in Tokyo or the Rajneeshees’ salmonella attack would not fall into the narrow
definition which was set previously but those examples demonstrate that it is not groundless to
belief that terrorists may conduct such events in the future. Finally, over the last few years, there
have been an increasing number of small-scale attacks by individuals or groups which are inspired by
terrorist organizations but not formally affiliated. Many of those attacks, as the attack in Dijon,
France, were a man ran over pedestrians with his car yelling ‘Allahu Akbar’ would not fit into the
classical categories provided by Halibozek et al. (2007) above.
‘Terrorism has a real impact on Human Rights with consequences of the right to life, liberty and
physical integrity’ (Office of the United Nations High Commissioner for Human Rights, 2008: 1). This
first consequence of terrorism is the most obvious and suggests a wide range of possible victims:
casualties, damage to facilities, assets and infrastructure. Statistics indicate that terrorist attacks, at
least in the western countries, are infrequent (Harowitz, 2011; Security Service MI5, 2006) but
because of the high number of arrests, prosecutions and convictions in the United Kingdom
5
(Secretary of State for the Home Department, 2011), the threat level is considered to be very likely.
Terrorism has also an impact on behavior and psychology which cannot be neglected. Huddy,
Feldman, Capelos and Provost (2002) conducted an extensive research about the simple menace of
terrorism: consciousness about mortality, pervasive feelings of insecurity and fear of physical harm.
This led directly to the last impact of terrorism: governance and decision making. There is no arguing
that the protection of individuals against harm and abuse of their human rights is an obligation of
states. However, adopted or proposed measures to counter terrorism have been controversial and
contested itself. A debate is currently undergoing with one position claiming that measures have
themselves posed challenges to human rights and the rule of law (Office of the United Nations High
Commissioner for Human Rights, 2008) with some arguing that terrorists intentions are to press
governments to overreact and interfere with human rights of its population (De Kerchove, 2008). The
opposing position claims that existing measures have prevented terrorist attacks which would be
more frequent if those measures would be removed (Harowitz, 2011). The next paragraphs will
evaluate counterterrorism measures in more details. The first part will outline government measures
to prevent terrorist attacks while a second part will describe responses to attacks by corporations
and government as part of Business continuity planning.
After the 9/11 attacks in the US, the government took only few weeks to vote a new Counter-
Terrorism legislation: The Patriot Act. The purpose of that legislation is to prevent terrorist attacks
and preserving life and liberties by providing new tools and competences to law enforcement and
state agencies. The Department of Justice (2015) summarize those additional competences which
includes electronic surveillance to investigate terrorist attacks but also financial flows which could
finance terrorist groups. It further contains simplified procedures to track terrorists and particular
suspects, increased penalties for offenders, modifications in search warrant notifications, the access
to business records and sharing of information and cooperation between state actors. In the United
Kingdom, there have also been in increase of terrorism related legislation (see Prevention of
Terrorism Act, 2005; Terrorism Act, 2006; Counter-Terrorism Act, 2008; Terrorism Prevention and
Investigation Measures Act, 2011; Counter-Terrorism and Security Act, 2015). The UK CONTEST
Strategy which is the practical implementation of those legislations outline four Workstreams, each
of which contain multiple specific measures: Pursue, Prevent, Protect and Prepare (Secretary of State
for the Home Department, 2011). Similar to the Patriot Act, the CONTEST strategy outline
amendments in stop and search procedures, collection of data, deportation of terrorists and claims
for new watch listing and scanning technology. Additionally, The United Kingdom does have an
extensive program to collect and share passenger data (PNR) from the entire transportation sector.
The purpose of this information gathering is to identify potential terrorists and suspect behavior
6
before attacks are committed or to investigate attacks which occurred (Secretary of State for the
Home Department, 2008). A law which regulate collection of passenger data have been introduced
on the European level in 2004 (Brouwer, 2009), suspended and abolished in 2014 (Digital Rights
Ireland Ltd fs. Minister of Justice Ireland, 2014) and brought back to negotiation after the 2015 Paris
Attacks.
Arguing that counter-terrorism is the sole responsibility of the state is, given of the wide scope of
terrorism today, shortsighted. The CONTEST Strategy recognized that counter-terrorism is not
possible without the private sector which owns most parts of infrastructure and systems which need
to be protected (Secretary of State for the Home Department, 2011). It becomes also obvious that
data, which the state requires for intelligence, are mainly collected by private organizations.
Companies are requested to provide this data. More direct measures corporations take to counter
terrorist attacks are those which are also used to deter any form of crimes: Situational measures to
prevent intrusions, collaboration with public security to prevent kidnappings as it is common practice
in many multinational corporations operating in locations at risk, or reporting of suspect activities.
Halibozek et al. (2007) provide an extensive list of physical security measures which companies may
implement to prevent crimes, including terrorism.
The following paragraph will describe responses to terrorist attacks. Focus will be business continuity
planning which does not seem the sole responsibility of private businesses. States have similar
process in place, not labeled as business continuity, as outlined by the civil contingency plans in the
UK which cover the coordination of emergency responses and also covered by the CONTEST Strategy
(Secretary of State for the Home Department, 2011). Additionally there are processes as the
Continuity of Government (COG) or the Continuity of Operations Plan (COOP). Initially designed to
assist governments in major disasters as nuclear wars, the COOP have been activated after the New
York attacks 2001 (Sawyer, 2013).
Business continuity, according to Halibozek et al. (2007), has the purpose the keep the business
operating. This includes emergency response, crisis management, business recovery and business
resumption. Given the variety of possible terrorist attacks, the Security Service MI5 (2006) suggest
that a focus of business continuity should be on the impact rather than the causes of an incident.
Therefore, responses to an explosion made not vary if they are caused by a terrorist attack or an
accident. Whatever the incident, a corporation has the obligation to protect its employees may they
be on site or travelling on companies behalf (Halibozek et al., 2007). Cragg (2012) suggested further
that multinational corporations have an obligation to provide emergency services as medical
treatment, if the state is unable to assume this responsibility. The second part of this essay will
7
provide consideration on the implication of human rights in regards to counter-terrorism measures
and emergency response, as part of business continuity.
The right of privacy, as named in Article 12 of the Universal Declaration of Human Rights (UN General
Assembly, 1948) is one of the concerns which counter-terrorism strategies raises. Campaigners
(Travis, 2015) claim that privacy is violated by the collection, storage and sharing between agencies
of millions of passengers data (PNR). The data is routinely collected by companies as part of their
business and, through new legislations, state actors request to have access to those records in order
to track suspects or to deny departure or access to territory to individuals (EurActiv, 2015; Travis,
2015). The European court of justice confirmed that the blanket collection of data, including those
passengers which are not suspected of any offense, is a breach of fundamental rights (Digital Rights
Ireland Ltd fs. Minister of Justice Ireland, 2014). The Court extended the collection of data to include
data generated through electronic surveillance, listening, tapping or any other communication
(Digital Rights Ireland Ltd fs. Minister of Justice Ireland, 2014: Article 5). Another argument brought
forward by Campaigners is the inefficiency of mass data collection. France does have an extensive
surveillance and data collection process, in Europe the second extensive program after the United
Kingdom (Journal Officiel, 2006: Article 6). However, this program failed to prevent the 2015 Paris
attacks.
Another aspect of privacy is that of protection and legitimate use of customers and employees data.
Corporations should carefully consider what information to share with outside parties, including
state agencies, the media or the general public. While companies have an obligation to obey the law,
confusions seems to be common in an environment where legislation is changing rapidly.
Consideration should also be given to data belonging to customers who did not agree to use their
data for other purposes than those relating to the business. This concern become even more
prevalent in business continuity planning where stakeholders claim for a right of information, while
Halibozek et al. (2007) argues that the release of information may create further vulnerabilities to
the company and its employees.
Contrary to the current debate about privacy, the years following 9/11 were marked by a debate
about the treatment of suspected terrorists. Torture and inhuman degrading treatment (UN General
Assembly, 1948: Article 5), fair trial and recognition before the law (UN General Assembly, 1948:
Article 6, 10) and the right to be presumed innocent until proven guilty (UN General Assembly, 1948:
Article 11) have been challenged trough events such as Guantanamo where individuals and children
from age 13 were detained (Schneider, 2004). Disputes about the legal frame of Guantanamo were
based on the status of the detainees. As already outlined in the first part of this essay, there is no
8
universal recognized definition for terrorism and therefore no recognized agreement on who is a
‘terrorist’. The US argued that detained individuals in Guantanamo are not civilians and have no right
to access the legal judiciary system as it claimed by De Kerchove (2008) who suggested further that
individuals which are arrested out of an armed conflict and have not participated in combat are
civilians subject to criminal law (De Kerchove, 2008: 6). The detainees in Guantanamo did also not
have the status of prisoner of war which would have been associated with additional rights as
outlined by Schneider (2004). While Guantanamo may be an extreme and isolated case, the Office of
the United Nations High Commissioner for Human Rights (2008) raised their concerns about a
general corrosive effect on the rule of law and good governance globally. Extended rights for arrest,
stop and search and detention without charge would be sufficient evidence for this. The principle
cause for torture, to obtain information, have been contradicted by De Kerchove (2008) who argued
that inhuman treatment produces unreliable intelligence, obtained data cannot be used in criminal
trials and that it shatters the legitimacy of the state practicing it.
The examples applied exclusively to state actors. It can hardly be imagined that Corporations engage
in torture and degrading treatment. However, non-discrimination and fair and equal treatment of
staff should be a concern for all companies at any time. Dowling (2014), in his case study about Ebola
claimed that multinational corporations take care about their expatriate staff but fail to provide that
same assistance to local employees. The evacuation of 10 expatriate staff out of a workforce of 2.100
from a financial institution in Egypt when the Arab spring riots broke out (Benoit, 2011) is another
example on business continuity planning which exclude some parts of the workforce. An additional
observation can be made about the French mining company Areva which evacuated expatriate staff
after extremists kidnapped several members of staff from a project in Niger (Bennet, 2010). Careful
consideration should be given to the right of security of all company employees (UN General
Assembly, 1948: Article 3) when designing counter-terrorism measures. There should be no such
distinction between the management level of an employee, race or origin of staff (UN General
Assembly, 1948: Article 1, 2). The equal treatment and no-discrimination of employees includes also
the provision of medical assistance and compensation in the business continuity planning. It was
already outlined above that medical treatment and assistance are part of a corporate responsibility if
the state does not have the resources or capacities to assume this responsibility (Cragg, 2012).
Not linked to counter-terrorism or Business continuity is the workplace culture in general. While
mobbing is not a new phenomenon, it can be linked to religious beliefs and opinions as it was
described by Greenhouse (2010). It was argued earlier that some terrorist attacks in the past have
been conducted by individuals who were inspired by terrorist organizations but without being
directly affiliated or receiving orders and support from official terrorist organizations. This type of
9
terrorists is described extensively under the terms ‘lone wolf terrorist’ by Phillips (2012). Identifying
Lone Wolf terrorists is one of the biggest challenges for security services, especially when those
individual do not have a criminal or radical background. The public opinion, including opinion of
members of staff, may be vulnerable to discrimination by making simplistic associations. Large parts
of the population, or even individual colleagues at work, may be made suspicious without particular
evidence simply because they may share a religion, a nationality or any other characteristic with
know terrorists. Statistics would support this argument: The Tanenbaum Center for Interreligious
Understanding (2013) found that 36% of Americans experienced or witnessed workplace religious
discrimination, a finding confirmed by Aziz (2015) who argue that an increasing number of Muslims
facing hate crimes, workplace discrimination, and school bullying. Companies have responsibilities
for the workplace environment. The Tanenbaum Center for Interreligious Understanding (2013)
outlined further flexible workplace hours for religious player, swapping of holydays or policy on
religious discrimination as possible measures. All such measures apply to corporates day to day
activities but may also be considered in counter-terrorism measures and business continuity
planning. The right for religion (UN General Assembly, 1948: Article 18) and the freedom of
expression and opinion (UN General Assembly, 1948: Article 19) should be entirely part of companies
policies. This is of even more concern in a process of recovery from a terrorist attack which may
create particular tensions between different groups of employees.
Through this essay, viewpoints have been provided to multiple aspects of today’s terrorism. It was
outlined that there is no universal definition of terrorism which leaves an increased risk of abuses,
misuse and instrumentalisation of the term when deciding measures and who should be considered
a terrorist and who not. It was shown that this problem is a primary issue for law makers and security
services, more than it may be for private organizations. After a brief overview about the kind of
attacks which terrorists conduct against states, corporations and individuals, the purpose and impact
of those attacks was outlined. Counter terrorism measures from states have been summarized to
data collection and surveillance, new legislations and implications for the regular legal system. A
corrosive effect of the rule of law and good governance was found trough the different counter-
terrorism measures but it was out of the scope of this essay to provide an answer to the question if
certain measures can be justified or not. Can it be accepted to restrict certain human rights to be
able to protect other human rights is an ethical question which could be developed in an essay on its
own.
The final part of this essay associated specific human rights to measures used by governments and
states. Close consideration have been given with numerous examples and media articles which
present the ongoing public debate. It was attempted to link these human rights concerns to normal
10
operational activity or corporations and some have been successfully linked to business continuity
planning. Reflection has been provided on how business continuity can have an impact on the human
rights of their employees. Taking together human rights issues, counter terrorism measures and
responses, the reader shall be able to understand the implications of counter-terrorism measures
and balance their inconvenience with their advantages may it be as a political official, an individual or
companies decision maker.
11
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14
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