Guantanamo Trial: Bali Bombings, Jemaah Islamiyah and Terrorism

 

Written by: Averroes

(1.0) Introduction

For about 19 years ago, two Malaysian terrorist suspects are to be indicted at the United States Naval Station in Guantanamo Bay, Cuba for charges that they were alleged to have committed in Bali, Indonesia (2002). In Bali, a night club was bombed which was perpetrated by Jemaah Islamiyah (JI). 

According to the US Office of Military Commissions, the duo are known as Mohammad Nazir Lep, 45 and Mohammed Farik Amin, 46 (both face 9 charges), where they were detained in the Cuban Guantamo Bay detention camp or Camp Delta since 2006, with their Indonesian accomplice Encep Nurjaman (Hambali faced 8 charges) was considered to have orchestrated the bombings. 

The three of them were charged for conspiracy, attempted murder, murder, intentionally causing serious bodily injury, terrorism, destruction of property and attacking civilians and civilian objects. However, authorities reported that the charges would not amount to the death penalty. 

Though, Indonesians involved had faced the death penalty by the firing squad. 

    (1.1) Their Arrest

Initially, after the bombings, in 2003, the trio were captured in Thailand and was transported to the CIA prison network before landing in Guantanamo Bay. The aftermath of the heinous act caused 202 deaths in November 2002 in Bali and 12 deaths on August 2003 at the JW Marriott Hotel in Jakarta. 

Before their capture, a US$10 million or RM41.95 million were placed as bounty on their heads of the trio.They were apprehended just days before the APEC summit in Bangkok where attacks against foreign delegates were in planning. Most of the Bali victims were from Australia, 88 deaths and Britain aside from Indonesians, 38 deaths. 

Connecting the dots together, it is said that the 2 Malaysians while serving under the leadership of Hambali were implicated to have been linked with al-Qaeda. Hambali was dubbed as the mastermind for JI, which is affiliated with al-Qaeda in the Southeast Asia branch, particularly in the Philippines, Indonesia and Malaysia. 

    (1.2) Who are the Jemaah Islamiyah

The Jemaah Islamiyah (JI) is a so-called jihadist group established by Abdullah Sungkar and Abu Bakar Ba'asyir of Indonesian descent whom escaped to Malaysia in 1985. In their exile, it was this time they forged affiliations with al-Qaeda in Afghanistan and chained networks to repel the Soviets as they attacked the country. 

Their goal was to impose Islamic Law in Indonesia and to extinguish the post-colonial Dutch law in the country. The Indoensian National Army quickly responded to other emerging groups in Aceh and Sulawesi. They were initially arrested, given nine-year imprisonment, but released on appeal. The Supreme Court reversed the decision, which made them run off to Malaysia to escape the authorities. 

In 1998, after the demise of President Suharto for more than 30 years in power, they both returned to Indonesia. Influenced by Osama bin Laden and the 9/11 incident in New York, they began the 2002 Bali Bombings. They also build ties with other Southeast Asian separatist groups such as the Moro in Mindanao. 

They conducted three more bombings in October 2005. From their connections with the groups in Afghanistan, it improvised their military and fighting skills. Though, Hambali is the middleman for al-Qaeda and JI relations. His absence resulted in JI losing their financial sustenance which is a factor of JI violent tendencies to reduce. 

Slowly, their aggressive attitudes has receded and there is an internal fragmentation of the group. They are now focusing on religious outreach (dakwah) rather than violence. 

    (1.1) Malaysian reaction

Inspector-General of Police Datuk Seri Acryl Sani Abdullah Sani quoted on The Malaysian Insight that the Royal Malaysian Police (PDRM) supported the trial against the duo. The police gave their support as only legal process would bring justice and allow the accused to defend themselves. 

The trial is conducted publicly, which the accused are represented by lawyers. Also, Malaysian police would not be sent to Guantanamo Bay, as to monitor the court proceedings. 

This brings us to who are Jemaah Islamiyah and what are their plans and motives which goaded them to mesh these strings of dark events in history?

(2.0) A discussion

The author condemns and does not condone any forms of extremism and terrorism. It is undoubtedly a cruel and grotesque act of violence against humanity. This perdurable act would not cease if not all members of society and stakeholders direct their minds and energy in order to connive for solutions to eradicate, if not allay this problem.

From here, we can see that terrorism is not analogous to religion. Religion has nothing to do with acts of terrorism, but it is the corrupted and dismayed interpretation of religious scriptures and texts. Religions do not advocate violence, but manipulated as to gratify one's political agenda and interests. 

Terrorism is actually correlated to political intents and objectives. Terrorism in Southeast Asia exists, due to the influence of a global political move by Al-Qaeda and Jemaah Islamiyah. They emerge due to a discord between political philosophies and systems of democracy and theocracy. 

A Jihad war was declared by Jemaah Islamiyah against the USA and their allies after the incident that occurred in Afghanistan, Iraq and other Islamic countries. Participants of the Jihad were prepared for the death penalty and be rewarded as martyrs. 

(3.0) Solutions

(i) Education: It cannot be denied that education is the epitome of a civilised and advanced society, one that is inhabitants are able to think rationally and conscientiously. However, the problem arises when both education are 'altered' or that there is the 'lack' of education.

Altered would mean that the knowledge imparted is inaccurate or deviates. This leads to wrong interpretation of religion and the influences of violent ideologies. If not, those manipulate would believe acts of 'suicide bombing' and the permit of shedding blood is justified and tolerated in religion, when in fact not. 

Apart from that, the 'lack' of education contributes to terrorism. A person who are adequately equipped with education would be able to distinguish between moderation and extremism. Without proper education, they are easily lured into strong fanaticism. They may also believe that their acts are an act of heroism or as patriots to free themselves from the claws of westernisation. 

(ii) Legal measures: Laws and legal action could be one way to curb the spirals of terrorism. It could be founded on the four main principles of criminal law, such as rehabilitation, deterrence, retribution and punishment. Though, this would largely depend on each member states domestic laws, it should take into consideration of international conventions and treatise (though also respect local aspirations and peculiarities). 

In the meantime, international cooperation through the interpol and each member police force could coordinate and detect perpetrators of crimes by sharing resources and intel. This could effectively bring them to justice and provide for closure for those affected by their acts. 

(iii) Online Forums: Debating and discourses online is a way to engage with other netizens. Due to anonymity, people are not afraid to speak up without being their identity being assassinated. However, with courtesy and proper decorum, online discussion should not lead to character attacks or personal grudges, but one that is appropriate and within civilised boundaries. This would ensure a safe and healthy environment to raise and spread awareness on the issue of terrorism. 

(4.0) Conclusion

To conclude, whatever the outcome of the Guatanamo Trial, the author hopes that there would fair and just court proceedings against them. The trial would not only bring rays faith for the families and people affected, but on a global stage that terrorism would soon brink to recession. 

The author also hopes that more efforts are taken to raise awareness on the topic of education and that religion is taught in a affectionate and nurturing means, to inculcate good and humble values among societies. Also, legal reforms should be made in any necessary means to attenuate the rise of terrorism in each member states. 

(5.0) References;

    Astro Awani. (August, 2021) Serangan bom: Dua rakyat Malaysia didakwa di Teluk Guantanamo. Retrieved from, https://www.astroawani.com/berita-malaysia/serangan-bom-dua-rakyat-malaysia-didakwa-di-teluk-guantanamo-316692

    FMT Reporters. (August, 2021) Trial of 2 Malaysian terror suspects in Guantanamo begins tomorrow. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2021/08/29/trial-of-2-malaysian-terror-suspects-in-guantanamo-begins-tomorrow/

    Chin, E. (August, 2021) Two Malaysian militants face trial in US military court tomorrow for involvement in fatal Bali, Jakarta bombings. Retrieved from, https://www.malaymail.com/news/malaysia/2021/08/29/two-malaysian-militants-faces-trial-in-us-military-court-tomorrow-for-invol/2001370

    Gordon, D. & Lindo, S. (2011) Jemaah Islamiyah. Centre for Strategic & International Studies. Case Study Number (6). Retrieved from, https://csis-website-prod.s3.amazonaws.com/s3fs-public/legacy_files/files/publication/111101_Gordon_JemaahIslamiyah_WEB.pdf

    Sunesti, Yuyun. (2015). The 2002 Bali Bombing and the New Public Sphere: The Portrayal of Terrorism in Indonesian Online Discussion Forums. Al-Jami'ah: Journal of Islamic Studies. 52. 231. 10.14421/ajis.2014.521.231-255. 

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