The Three Models

Question: Discuss about the three models. Answer: There have been a number of instances and responses to counter-terrorism. In short, the responses can be distilled into three distinct models. Evidenced by the position of the USA is the war model that has at the forefront armed military intervention. The concept of a war footing excludes the operation of the criminal law, and reduces the impact of human rights. Secondly, there is an emergency powers model which appears to the approach of the United Kingdom and France. Specific anti-terrorism legislation is created as a direct reaction to acts of terrorism. This position is regarded as a model that sits between the war model and the criminal law model which has to be considered as a more measured approach. Switzerland is one of the safest countries of the world. Switzerland ranks sixth out of 36 OECD countries in the homicide rate. The homicide rate is 0.7 in Switzerland. When people feel safe to walk alone at night that is how the safety is measured. In Switzerland, about 77 percent of the people feel safe. Switzerland has low rate of violent crime. Last year there were about 45 homicides in Switzerland. The most common crimes are theft and criminal damage. Laws in the field of criminal law is a matter of the central government. Switzerland however does not have a incorporated body of criminal law since 1942. On the execution of criminal sentences, the Criminal Code contains very universal provisions. However, in the year 2002, a revised Criminal Code was adopted and became effective in the year 2007[1]. Whilst the criminal law model appears to be the more considered and measured it is important to appreciate why states are willing to adopt this approach. Firstly if a state has not been directly affected by international terrorism then a direct confrontational approach is not necessary. Further such an approach has the added advantage of not leading to retribution in the way of additional or further acts of terrorism preventing the need for further action. Secondly given the nature of the legal system in Switzerland and the inquisitorial approach reliance on existing criminal law ensures democratic values and the human rights of suspects being suspected terrorists or otherwise are upheld. In the case of Guzzardi v. Italy[2], the applicant was detained in custody pending his trial. He was taken to the island where he was unable to work. It was held that the Court cannot avoid the applicability of Article 5 of the European Convention on Human Rights while deciding cases where confinement is awarded as a punishment. In another famous case of Mc Donald v. Procurator Fiscal, Elgin[3], the defendant was granted bail subject to condition that he shall not leave his house for more than 2 hours a day. He complained that the Court has infringed his right to liberty as promised in Article 5 of the Convention of Human Rights. The emergency powers model prevents the hostility and attrition of the war model but is more reactionary than the criminal law model but in avoiding the worst of both models creates at least in the case of the UK issues of law being made quickly being bad law and causing issues or problems with regard to the democratic and human rights of the individual. 192 terrorists were arrested in the year 2015 for terrorism related offences and about 97 terrorists were released from custody. Individuals are likely to face prosecution once they have been charged with terrorism related offence. Individuals may also be charged with non-terrorism related offences once there is evidence to link the offence to non-terrorism offence. In the end of year of 2015 about 52 trials were completed against the terrorism related offences. Remaining 10 people were acquitted[4]. Therefore, it may concluded that the criminal model is one of the most arranged and measured model of the world. Not only does it restricts the action of terrorism across the world but is also helps in achieving the basic human rights that were enumerated in the Convention of Human Rights. Despite of all the benefits that is associated with the adoption of the criminal model it lacks in its applicability and implementation. Training activities should be conducted to optimize the use information giving to the relevant authorities from the witness. The offenders should rightfully be given a chance to defend themselves. With this approach towards the offenders, the basic rights and fundamental freedoms remain guaranteed not only towards the victims but also towards the victims. Reference List: (Gov.uk, 2015) FROM, THIS VERSION IS EFFECTIVE. "ISCJISDATA STANDARDS." (2014). GUZZARDI -V- ITALY; ECHR 6 NOV 1980 Weiser, Thomas G., et al. "Effect of a 19-item surgical safety checklist during urgent operations in a global patient population."Annals of surgery251.5 (2010): 976-980.