China's counter-terror evolution
Last week, China released a white paper on its legal framework for counter-terrorism, summing up decades of its efforts while highlighting new approaches it has developed and implemented based on those experiences.
The document, released by the country's State Council Information Office, represents Beijing's first systematic articulation on its counter-terrorism approach and associated legal provisions, according to Chinese and outside analysts. The paper, Chinese media outlets noted, was intended both to help the 'outside world' understand the country's counter-terrorism laws and dispel 'disinformation and rumours' the West in particular has propagated on its counter-terrorism efforts.
The paper itself, titled 'China’s Legal Framework and Measures for Counter-Terrorism' noted that the country has been at the forefront of the global fight against terrorism. It highlighted that China employed a multifaceted approach that combines a robust legal framework with proactive measures aimed at prevention, intervention, and response.
China's response to terrorism, it added, has evolved significantly over the years, driven by both domestic security concerns and international commitments. Since the late 1970s, China has ratified numerous international counter-terrorism conventions and treaties, demonstrating its commitment to global cooperation in combating terrorism. These international engagements have influenced China's domestic legal reforms, leading to the establishment of a comprehensive legal framework tailored to address the evolving threat landscape.
According to the document, China's criminal law has undergone several amendments to incorporate provisions specifically targeting terrorist activities. These amendments include defining new offenses related to terrorism, such as forming or participating in terrorist organizations, financing terrorism, and preparing for terrorist acts. The amendments also enhance penalties for terrorist offenses, reflecting China's zero-tolerance approach to terrorism.
The enactment of the Counter-Terrorism Law in 2015 marked a significant milestone in China's counter-terrorism efforts, providing a comprehensive legislation that defines terrorism, outlines measures for prevention and response, and establishes mechanisms for international cooperation. The law empowers authorities to identify and designate terrorist organizations and individuals, enhance intelligence gathering, and enforce security measures to safeguard public safety.
In addition to that, China has enacted or amended various other laws and regulations to strengthen its counter-terrorism capabilities. These include laws addressing money laundering, cybersecurity, national security, and religious affairs, among others. By addressing different facets of terrorism, these laws complement the overarching counter-terrorism framework and contribute to a comprehensive approach.
The white paper pointed out that China's legal framework for counter-terrorism has been instrumental in enhancing its capacity to prevent and respond to terrorist threats. The clear definitions of terrorism and terrorist activities provided in the counter-terrorism law enable swift and decisive action by law enforcement agencies, it noted. The establishment of specialized units and coordination mechanisms facilitates effective intelligence sharing and coordination among relevant stakeholders. Moreover, China's proactive approach to counter-terrorism, which prioritizes prevention and preemption, has resulted in the disruption of numerous terrorist plots and the apprehension of suspects before they can carry out attacks.
China's approach to counter-terrorism, as outlined in the paper, has significant implications for international cooperation and diplomacy. While China has actively engaged in multilateral efforts to combat terrorism, including through the United Nations and regional organizations like the Shanghai Cooperation Organization (SCO), its emphasis on sovereignty and non-interference in internal affairs has sometimes hindered collaboration with Western countries. Differences in legal and political systems, as well as concerns about human rights, have led to tensions and disagreements in bilateral and multilateral forums. However, China's growing influence in global governance and its economic and strategic interests have compelled many countries to engage with China on counter-terrorism issues, albeit cautiously.
While China's counter-terrorism measures have been effective in enhancing security, outside the country they have also raised concerns regarding their impact on human rights. Critics, especially in the West argue that the broad definitions of terrorism and extremism in Chinese law could be used to suppress dissent and target minority groups, particularly in regions such as Xinjiang. Reports of mass detentions, surveillance, and restrictions on religious and cultural practices have fueled allegations of human rights abuses. Additionally, the use of administrative detention and secretive legal proceedings have raised questions about due process and transparency.
A contrast between Chinese and Western approaches, however, highlights that the latter too is beset with its own set of challenges. While China's counter-terrorism law, through concrete and precise definitions that link extremist thought and terrorism, enables the country's authorities to take proactive measures against radicalization, the US approach claims to emphasise the importance of balancing security measures with individual freedoms. Member states of the European Union, meanwhile, have diverse legal definitions of terrorism, but they generally prioritize coordination and information sharing among law enforcement agencies.
China's counter-terrorism measures include administrative penalties and criminal prosecutions for terrorist activities. Suspects may be subject to administrative detention or criminal prosecution, with strict oversight from judicial and law enforcement agencies, prompting concerns about due process rights and transparency in legal proceedings, particularly in regions like Xinjiang. In theory the US Constitution and federal laws guarantee habeas corpus rights, protection from unlawful searches and seizures, and the right to a fair trial. However, issues such as indefinite detention at Guantanamo Bay and the use of enhanced interrogation techniques have sparked controversy and legal challenges.
Internationally, China's approach to counter-terrorism is often characterized by sovereignty concerns and non-interference in internal affairs leading to friction with Western countries, particularly over human rights issues. The United States, while emphasising bilateral and multilateral cooperation with allies and partners, has often resorted to unilateral actions and sovereignty violations in pursuit of its counter-terrorism objectives. Actions such as the prolonged campaign of drone strikes, criticised domestically for their extra-judicial nature, have left lasting resentment among various countries and communities.