Module 2.2 Criminality and Terrorism

Module: Lead Instructor & Facilitators Training (LIFT)
CRIMINALITY
AND
TERRORISM
BISOC
LESSON GOAL:
This lesson is intended to improve the understanding of BISOC students on crime,

criminality, types of crime affecting national security and an overview of terrorism.
LESSON OBJECTIVES:

After this lesson, the trainees will be able to:

L.O 1. Define the basic concept of crime and criminality.
L.O. 2 Define National Security
L.O 3. Identify and enumerate types of crime affecting national security
L.O 4. Explain and discuss the basic concept of terrorism.
BISOC
CRIME AND CRIMINALITY
CRIME

Is an act committed or omitted in violation of a public law forbidding or commanding it.
(I Bouvier’s Law Dictionary, Rawle’s Third Revision, 729 as cited in Luis B Reyes’ The Revised
Penal Code: Criminal Law)
Title 1, Article 3 of the Revised Penal Code: Acts and omission punishable by law are
felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa). There is deceit when the act is performed with deliberate intent; and
there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.
BISOC
Three (3) elements of a felony:
1.) That there must be an act or omission
2.)That the act or omission must be punishable by the Revised Penal Code
3.)That the act is performed or the omission incurred by means of dolo or culpa
 By act it must be understood as any bodily movement tending to produce some effect
in the external world, it being unnecessary that the same be actually produced, as the
possibility of its production is sufficient.
 Only external act is punished.
 By omission it means inaction, the failure to perform a positive duty which one is
bound to do. There must be a law requiring the doing or performance of an act.
BISOC
“Nullum crimen, nulla poena sine lege”. There is no crime where there is no
law punishing it.
Crimes Mala in se vs. Mala prohibita:
 Mala in se, or wrongful from their nature, such as theft, rape, homicide, etc.
 Mala prohibita, or wrong merely because prohibited by statute, such as illegal

possession of firearms.
 Index crimes versus Non index crimes.
 Crimes against person against crimes against property.

 Index crimes
 Non-index crimes
BISOC
CRIMINALITY

The state of being criminal; a criminal act or practice http://www.dictionary.com/browse/
criminality

Crim·i·nal·i·ty (noun) The definition of criminality is the state of being illegal.http
://www.yourdictionary.com/criminality
Crime Vs. Criminality (By Ann Green on 4 December 2013)

What Is Crime?

Is an action that may be prosecuted by the state and is punishable by law.

What is Criminality?

The state of being a criminal.
BISOC
What’s The Difference Between Crime and Criminality

A crime is when the law is ignored either deliberately or accidentally while criminality is the state of
being a criminal. (https://prezi.com/03bsd7djkrur/crime-vs-criminality/)
BISOC
NATIONAL SECURITY

 is a state or condition wherein the country’s sovereignty, territorial integrity and
democratic institutions, as well as the people’s way of life, cherished values, welfare and
well-being are protected and enhanced.
 is the requirement to maintain the survival of the state through the use of economic,

military and political power and the exercise of diplomacy
 is a concept that a government, along with its parliaments, should protect the state and its
citizens against all kind of "national" crises through a variety of power projections, such as
political power, diplomacy, economic power, military might, and so on.
(https://en.wikipedia.org/wiki/National_security)
BISOC
Elements of National Security
BISOC
Measures taken to ensure National Security:

o Using diplomacy to rally allies & isolate threats
o Marshalling economic power to facilitate or compel cooperation
o Maintaining effective armed forces
o Implementing civil defense & emergency preparedness measures (including anti-
terrorism legislation)
o Ensuring resilience & redundancy of critical infrastructure
o Using intelligence services to detect & defeat or avoid threats & espionage, & to
protect classified information
o Using counterintelligence services or secret police to protect nation from internal
threats economic security
BISOC
INTERNAL AND EXTERNAL THREAT TO NATIONAL SECURITY
Internal
 Internal armed conflicts (Communist insurgency and Muslim Secessionism)

 Weak institution (Partisan armed groups, criminality and organized crimes, graft and
corruption, and poverty and inequality)
 Severe calamities and persistent environmental degradation
 Other concerns: Health, OFWs, Terrorism, scarcity of resources, food, energy, etc.
External

 Territorial disputes and other regional flashpoints
 Regional military build-up and proliferation of weapons of mass destruction
 Global and regional developments affecting the Philippine interests
 Transnational organized crimes (International Terrorism, piracy at sea, drug trafficking,
smuggling of firearms, and cybercrimes)
BISOC
Transnational Crimes:

 Drug Trafficking
 Money Laundering
 Arms Smuggling
 Human Trafficking
 IPR Violation
 Piracy on High Seas
 Cyber Crimes
 Terrorism
BISOC
TERRORISM
PSUPT MARIA CHRISTINA NOBLEZA
Renierlo “Renren”/“Kudri” Dongon
 No globally accepted definition.
 The use of violence and intimidation in the pursuit of political aims (New Oxford American
Dictionary)
 in its broadest sense, the use of intentionally indiscriminate violence as a means to create
terror or fear, in order to achieve a political, religious, or ideological aim.
(https://en.wikipedia.org/wiki/Terrorism)
BISOC
Origin of the term:
"Terrorism" comes from the French word terrorisme. The French word terrorisme is derive
from the Latin verb terrere (terreo) meaning “to frighten”. Originally referred specifically to
state terrorism as practiced by the French Government during the 1793-1794 Reign of Terror.
(When the Jacobins came to power)
What is terrorism?

• The definition of terrorism has proven controversial. Various legal systems and
government agencies use different definition of terrorism in their national legislation.
• The international community has been slow to formulate a universally agreed, legally
binding definition of this crime.
• These difficulties arise from the fact that the term “terrorism” is politically and
emotionally charged.
BISOC
ANGUS MARTYN:
The international community has never succeeded in developing an accepted comprehensive

definition of terrorism. During the 1970s and 1980s, the United Nations attempts to define the
term floundered mainly due to differences of opinion between various members about the
use of violence in the context of conflicts over national liberation and self-determination.
"One man's terrorist is another man's freedom fighter"
BISOC
Some illustrations of the difficulty in defining terrorism:

 The Soviet–Afghan War lasted over nine years from December 1979 to February 1989
 The birth of the state of Israel
 The fight for the independence of Algeria
 Our heroes quest for Philippines independence.

Are they terrorists who fought for independence and national liberation?
Terrorism is any act “intended to cause death or serious bodily harm to civilians or non-
combatants with the purpose of intimidating a population or compelling a government or an
international organization to do or abstain from doing any act”. (Secretary General of the
United Nations, November 2004)
BISOC
In the Philippines what is terrorism?
RA 9372 known as the Human Security Act of 2007
An act whereby any person commits any acts punishable under any of the following provisions of
the Revised Penal Code:
● piracy in general & mutiny in the high seas or in the Phil waters;
● rebellion or insurrection;
● coup d”etat;
● murder;
● Kidnapping & serious illegal detention;
● Crimes involving destruction;
● Piracy & highway robbery;
● Illegal & unlawful possession, manufacture, dealing in, acquisition or Disposition of
Firearms, Ammunitions or Explosives) disposition of firearms, ammunitions or explosives.
Thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace in order to coerce the government to give in to an unlawful demand.
BISOC
Since the passge of the Human Security Act of 2007, only one case has been filed: The case
of People of the Philippines vs. Manuel Ibarra Jr. @ Jun Guevarra, Kenny Mamogkiat, et al
(Public Terminal Bombing, Midsayap, Cotabato on May 8, 2008) docketed as Criminal Case
No. 08-392 pending before the RTC Br 24, Midsayap, Cotabato.
Manuel Atao Ibarra Jr. alias Jun Guevarra was

arrested last April 1, 2009 through a PNP-led joint
operation in Brgy Perez, Kidapawan City
BISOC
United States State Department – Premeditated, politically motivated violence perpetrated

against noncombatant targets by subnational groups or clandestine agents, usually intended
to influence an audience.

Federal Bureau of Investigation (FBI) – The unlawful use of force or violence against
persons or property to intimidate or coerce a government, the civilian population, or any
segment thereof, in the furtherance of political or social objectives.

US Vice President Task Force on Combatting Terrorism - Terrorism is the unlawful use of
threat of violence against persons or property to further political or social objectives. It is
usually intended to intimidate or coerce a government, individual or groups, to modify their
behavior or politics.
BISOC
Challenges in the study of terrorism

1. Conceptual challenges
-Problem of motives
-Problem of targets
-Problem of perpetrators
-Problem of intention
2. Moral challenges
3. Methodological challenges
Pejorative use
Those labeled "terrorists" by their opponents rarely identify themselves as such, and typically use
other terms or terms specific to their situation, such as separatist, freedom fighter, liberator,
revolutionary, vigilante, militant, paramilitary, guerrilla, rebel, patriot, or any similar-meaning word in
other languages and cultures. Jihadi, mujaheddin, and fedayeen are similar Arabic words that have
entered the English lexicon. It is common for both parties in a conflict to describe each other as
terrorists.
BISOC
“Waves” of terrorism (David Rapoport: Four Waves of Terrorism)

First wave: 1880s to 1920s
Frustrated political reforms

Second Wave: 1920s-1960s.
Frustrated national aspirations.
Third wave: 1960s-1980s.

Separatist and revolutionary. The era of International terrorism

Fourth wave: 1980s-ongoing. Religious terrorism.
BISOC
DESIGNATED FOREIGN TERRORIST ORGANIZATIONS

(http://www.state.gov/s/ct/rls/other/des/123085.htm/http://en.wikipedia.org/wiki/U.S._State
Department_list_of_Foreign_Terrorsit_Organization)
Country of Origin Terrorist Organization

Abu Nidal Organization
Al – Aqsa Martyr’s Brigades
HAMAS (Islamic Resistance Movement)
Palestine Islamic Jihad Group
Palestine Liberation Front
Palestine Islamic Jihad
Popular Front for the Liberation of Palestine
PFLP – General Command
Ansar al Islam
Kata’ih Hizballah
Iraq
Kongra – Gel (formerly Kurdistan Workers’ Party)
Tanzim Qa’idat al Jihad fi Bilad al Rafidavo
BISOC
Lebanon Asbat an Ansar
Hizballah
Harakat ul – Mujahidin
Pakistan Jaish – e- Mohammed
Lashkar – e Tayyiba
Lashkar I Jhangyi
Tehrik – I – Taliban Pakistan
Uzbekistan Islamic Movement of Uzbekistan
Israel Kahane Chai
Mujahedin – e – Khalq Organization

Iran
Jundallah
BISOC

Al Qaida
Saudi Arabia
Al Qaida in the Arabian Peninsula
Al Qaida in the Islamic Maghred
Japan Aum Shinrikyo
South East Asia Jemaah Islamiya
Bangladesh Harkat – ul – Jihad al – Islami
Sri Lanka Liberation Tigers of Tamil Eelam
Somalia Al Shabaab
Algeria Armed Islamic Group
Egypt Gama’a al Islamiyya
Libya Libyan Islamic Fighting Group
Morocco Moroccan Islamic Combatant Group

BISOC

UK of Great Britain and Continuity Irish Republican Army
Northern Ireland
Real IRA
Greece Revolutionary Organization 17 November
Revolutionary Struggle
Turkey Revolutionary People’s Liberation Party/Front
Spain Basque Fatherland and Liberty
National Liberation Army

Colombia
Revolutionary Armed Forces of Colombia
United Self Defense Forces of Colombia
Peru Shining Path
Philippines Abu Sayyaf Group
CPP/NPA
BISOC
A terrorist only has to be

successful once…
We have to be successful
every time.
BISOC
In the Philippines who are considered terrorist organizations?

• CPP-NPA-NDF?
• ABU SAYYAF?
• BIFF/BIFM?
• Maute Group?
• Rajah Solaiman Movement?
• MILF?
• MNLF?
• Rogue MNLF Group/Misuari Breakaway Group?
• ANSAR AL-KHILAFAH IN THE PHILIPPINES (AKP)?
• KHALIFA ISLAMIYAH MINDANAO (KIM) is a dedicated jihadi organization that seeks to
establish an independent Islamic state in Mindanao Island Philippines. The group is led by
an Afghan-trained Islamic cleric known as Humam Abdul Najid.
• Other groups that pledges allegiance to ISIS
BISOC
THE FUTURE TRAJECTORY OF TERRORISM IN THE PHILIPPINES
BISOC
CONCLUSION

 There is no “one size fits all” approach to terrorism

 There is no “silver bullet” panacea for insurgency (terrorism)
(David Kilcullen, “Counterinsurgency”)

 Finally, while recognizing the importance of “soft” ways to achieve
conciliation, it should be noted that changing the population's attitude
can hardly, if at all, be achieved without the use of force.
(Ariel Merari, “Driven To Death: The Psychological And Social Aspects Of Suicide
Terrorism”)

A Hunter or a Fishermen?

“In refusing to commit a smaller sin, we might incur a far greater wrong”

BISOC
N.B. (Propose additional module)

 Incorporate the use of drone in ISO operations
 15 days Combat Manuever/Mission planning
 Incident Command System (ICS)
 Ground to Air Signal (GTAS)

 If we cannot take down even the internet/website of the CPP/NPA/NDF
(PhilippineRevolution.net) (PNP Anti Cybercrime Group) what would then
be the future of our Anti-insurgency campaign?
BISOC
THANK YOU
AND
GOOD DAY!!!
BISOC

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Module: Lead Instructor & Facilitators Training (LIFT)

This lesson is intended to improve the understanding of BISOC students on crime,

L.O. 2 Define National Security

L.O 3. Identify and enumerate types of crime affecting national security

L.O 4. Explain and discuss the basic concept of terrorism.

CRIME AND CRIMINALITY

Three (3) elements of a felony:

1.) That there must be an act or omission

 Only external act is punished.

Crimes Mala in se vs. Mala prohibita:

 Mala prohibita, or wrong merely because prohibited by statute, such as illegal

 Index crimes versus Non index crimes.

 Crimes against person against crimes against property.

Crime Vs. Criminality (By Ann Green on 4 December 2013)

What’s The Difference Between Crime and Criminality

 is the requirement to maintain the survival of the state through the use of economic,

Elements of National Security

Measures taken to ensure National Security:

INTERNAL AND EXTERNAL THREAT TO NATIONAL SECURITY

 Internal armed conflicts (Communist insurgency and Muslim Secessionism)

PSUPT MARIA CHRISTINA NOBLEZA

Renierlo “Renren”/“Kudri” Dongon

 No globally accepted definition.

Origin of the term:

The international community has never succeeded in developing an accepted comprehensive

"One man's terrorist is another man's freedom fighter"

Some illustrations of the difficulty in defining terrorism:

In the Philippines what is terrorism?

RA 9372 known as the Human Security Act of 2007

Manuel Atao Ibarra Jr. alias Jun Guevarra was

United States State Department – Premeditated, politically motivated violence perpetrated

Challenges in the study of terrorism

“Waves” of terrorism (David Rapoport: Four Waves of Terrorism)

Third wave: 1960s-1980s.

DESIGNATED FOREIGN TERRORIST ORGANIZATIONS

Country of Origin Terrorist Organization

Country of Origin Terrorist Organization

Lebanon Asbat an Ansar

Pakistan Jaish – e- Mohammed

Tehrik – I – Taliban Pakistan

Uzbekistan Islamic Movement of Uzbekistan

Israel Kahane Chai

Mujahedin – e – Khalq Organization

Country of Origin Terrorist Organization

Al Qaida in the Islamic Maghred

Japan Aum Shinrikyo

South East Asia Jemaah Islamiya

Bangladesh Harkat – ul – Jihad al – Islami

Sri Lanka Liberation Tigers of Tamil Eelam

Algeria Armed Islamic Group

Egypt Gama’a al Islamiyya

Libya Libyan Islamic Fighting Group

Morocco Moroccan Islamic Combatant Group

Country of Origin Terrorist Organization

Greece Revolutionary Organization 17 November

Turkey Revolutionary People’s Liberation Party/Front

Spain Basque Fatherland and Liberty

National Liberation Army

United Self Defense Forces of Colombia

Peru Shining Path

Philippines Abu Sayyaf Group

A terrorist only has to be