UK government lawyer admits 'war on terror' is meaningless propaganda

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'There is no war on terror'

Clare Dyer, legal editor
Wednesday January 24, 2007
The Guardian 



Outspoken DPP takes on Blair and Reid over fear-driven legal response to threat 

The director of public prosecutions, Sir Ken Macdonald, put himself at odds 
with the home secretary and Downing Street last night by denying that Britain 
is caught up in a "war on terror" and calling for a "culture of legislative 
restraint" in passing laws to deal with terrorism.

Sir Ken warned of the pernicious risk that a "fear-driven and inappropriate" 
response to the threat could lead Britain to abandon respect for fair trials 
and the due process of law.

He acknowledged that the country faced a different and more dangerous threat 
than in the days of IRA terrorism and that it had "all the disturbing elements 
of a death cult psychology".

But he said: "It is critical that we understand that this new form of terrorism 
carries another more subtle, perhaps equally pernicious, risk. Because it might 
encourage a fear-driven and inappropriate response. By that I mean it can tempt 
us to abandon our values. I think it important to understand that this is one 
of its primary purposes."

Sir Ken pointed to the rhetoric around the "war on terror" - which has been 
adopted by Tony Blair and ministers after being coined by George Bush - to 
illustrate the risks.

He said: "London is not a battlefield. Those innocents who were murdered on 
July 7 2005 were not victims of war. And the men who killed them were not, as 
in their vanity they claimed on their ludicrous videos, 'soldiers'. They were 
deluded, narcissistic inadequates. They were criminals. They were fantasists. 
We need to be very clear about this. On the streets of London, there is no such 
thing as a 'war on terror', just as there can be no such thing as a 'war on 
drugs'.

"The fight against terrorism on the streets of Britain is not a war. It is the 
prevention of crime, the enforcement of our laws and the winning of justice for 
those damaged by their infringement."

Sir Ken, head of the Crown Prosecution Service, told members of the Criminal 
Bar Association it should be an article of faith that crimes of terrorism are 
dealt with by criminal justice and that a "culture of legislative restraint in 
the area of terrorist crime is central to the existence of an efficient and 
human rights compatible process".

He said: "We wouldn't get far in promoting a civilising culture of respect for 
rights amongst and between citizens if we set about undermining fair trials in 
the simple pursuit of greater numbers of inevitably less safe convictions. On 
the contrary, it is obvious that the process of winning convictions ought to be 
in keeping with a consensual rule of law and not detached from it. Otherwise we 
sacrifice fundamental values critical to the maintenance of the rule of law - 
upon which everything else depends."

His comments will be seen as a swipe against government legislation allowing 
the indefinite detention of suspected terrorists without trial, later held 
incompatible with human rights by the courts, and the replacement law that 
permits suspects to be placed under control orders instead of being brought to 
trial.

Sir Ken referred to the government's opt-out from the European convention on 
human rights to pass the detention law - possible under the convention only if 
the "life of the nation" is threatened. "Everyone here will come to their own 
conclusion about whether, in the striking Strasbourg phrase, the very 'life of 
the nation' is presently endangered," he said. "And everyone here will equally 
understand the risk to our constitution if we decide that it is, when it is 
not."

The criminal justice response to terrorism must be "proportionate and grounded 
in due process and the rule of law," he said. "We must protect ourselves from 
these atrocious crimes without abandoning our traditions of freedom."


SOURCE

The Guardian, "'There is no war on terror'", 24 January 2007.
http://politics.guardian.co.uk/terrorism/story/0,,1997247,00.html


FURTHER READING

BBC News, "Support for liberties 'declining'", 24 January 2007.
http://news.bbc.co.uk/2/hi/uk_news/6290867.stm
    ...
    British Social Attitudes, which regularly monitors public opinion, found 
majorities supporting tougher police and surveillance powers. 
    Some 45% of the 1,058 respondents said denying a trial-by-jury to terrorism 
suspects was a "price worth paying". 
    And the proportion of respondents who object to compulsory identity cards 
has nearly halved since 1990. 
    Researchers involved in the Social Attitudes project regularly ask the 
public the same questions to monitor changes over time. The studies are 
produced by a range of academics for the National Centre for Social Research. 
    Asked for their views on civil liberties and police powers amid the current 
tensions over national security, most respondents told the researchers they 
supported strong measures. 
    Eight out of 10 respondents agreed it was "a price worth paying" to 
restrict the freedom of those suspected of terrorism, such as by using 
electronic tags, home curfews or bans on going to certain places. 

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