Terrorism Book Controversy Part 1

In July 2005, Sydney's Daily Telegraph newspaper reported that books promoting terrorism were openly on sale in The Islamic Bookstore in the suburb of Lakemba.

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Islamic groups move to distance themselves from hate literature. ABC Radio AM 18.07.05

TONY EASTLEY: News Limited Newspapers today report that books promoting radical Jihad and discussing the effectiveness of suicide bombings have been found in a bookstore in Sydney, and in Victoria the Jewish Council has complained about literature being sold in a Melbourne Islamic bookstore.

Islamic groups have moved to distance themselves from allegations that hate literature is being sold. Islamic Councils in both States say they condemn any material which promotes hate or violence, but say they have no power to control what's put in bookstores.

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Bin Laden book ban 'not an option'. SMH 18.07.05

A Sydney shop, The Islamic Bookstore at Lakemba, is reportedly selling books endorsed by the al-Qaeda terrorist leader which discuss the effectiveness of suicide bombings and attack Western civilisation as "the culture of oppression, the culture of injustice, the culture of racism".

The shop refused to comment on the claims today. A spokesman said: "We're not talking to any media ... we hope to put out a press release early tomorrow."

A spokesman for NSW Attorney-General Bob Debus today said the state had laws against racial vilification and incitement to violence.

But on the face of it, the content of the books did not appear to constitute incitement to violence, he said.

"For incitement to occur, violence has to actually take place [as a result of publishing the material]," the spokesman said.

"If the literature is found to contain racial vilification then the laws are there to prosecute.

"If any information or literature results in a violent act that can be proven, then we have laws to prosecute under incitement to violence.

"We take any breach of the law extremely seriously and the threat of terrorism extremely seriously."

People could be prosecuted for racial vilification if a complaint was made against them and the Anti-Discrimination Board recommended pursuing legal action, he said.

But the NSW Government could not ban the books outright, he said.

"Banning that sort of stuff is a federal matter that comes under the classification of material through the Office of Film and Literature Classification," the spokesman said.

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Islamic leaders denounce hate literature. ABC Radio World Today 18.07.05

The bookstore at Lakemba accused of selling the hate literature refused to comment on whether or not it is selling inflammatory material, saying it would be contacting its legal team and issuing a communiqué to the media later.

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Sydney police probe 'hate book' claims. ABC News Online 18.07.05

New South Wales police have set up a task force to investigate if it is possible to prosecute people who write, publish or sell material that incites terrorism.

Police Commissioner Ken Moroney says Australian Federal Police and officers from the New South Wales counter-terrorism command are involved in the investigation.

Commissioner Moroney says police need to determine if any offences have been committed under existing state or Commonwealth laws.

"Obviously in the course of this investigation it will be necessary to seek qualified legal opinion as to whom actually commits the offence," he said.

"Is it the author? Is it the publisher? Is it the retailer? Is it the purchaser of this particular material or is it all of the above?"

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No barrier to raids over 'hate book' claims: A-G. ABC News Online 18.07.05

New South Wales Police Commissioner Ken Moroney says state and federal police are investigating the existence of such material but the Opposition's spokesman for police, Michael Gallacher, wants the store in question raided.

"If we receive information that there are bookstores out there that are selling material that is designed to kill or maim, and in fact cause division and hatred in our society, I think the authorities should do whatever they can to get in there and get those books off the shelves," he said.

"If that means raiding them, then so be it."

Mr Debus says it is up to police to make that call, but has defended existing federal terrorism laws designed to act against those who incite violence.

"There is no doubt that there is a strong existing power to charge a person for inciting terrorism under our existing laws," he said.

Mr Debus's federal counterpart, Philip Ruddock, has indicated he will encourage authorities to prosecute people who provide or publish material that breaks Australian laws about inciting violence.

"If there are offences that have been committed here in Australia then competent authorities will seek to obtain appropriate evidence and we will deal with them," he said.

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Terrorism book reports concern Vaile. ABC News Online 19.07.05

Mr Vaile says its a complex issue but consideration must be given to the effects of publications that promote violence.

"I'm not advocating banning books but if there are publications that exist that give clear instructions in terms of how to build a bomb and go to the extent of targeting and those sorts of things, then federal authorities should be very interested in that," he said.

Authorities are meeting in Sydney today to discuss if it is possible to prosecute writers, publishers or sellers of material that incite terrorism.

A spokesman for the New South Wales Police Commissioner says officers from the counter-terrorism command, the Australian Federal Police, and other officials will review the literature that is available for sale.

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The store was eventually raided by the Federal Police, and the controversial titles submitted to the Classification Board. In December 2005 all the books were passed as 'Unrestricted'. The titles were:

In addition, one video tape, titled JIHAD OF TERRORISM was also confiscated in the raid. When submitted to the Classification Board, it  was passed with a PG (Mild Themes) rating.

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The Attorney-General, Phillip Ruddock was far from happy with the Classification Board decision. In June 2006 he applied to the Review Board to have the 'Unrestricted' ratings reviewed.

The Attorney-General
Phillip Ruddock MP
Media Release 104/2006
9 June 2006
CLASSIFICATION REVIEW TO CONSIDER HATE MATERIAL 

The Australian Government will push for censorship laws to be reviewed to assess whether they deal adequately with material which urges or advocates terrorist acts, Attorney-General Philip Ruddock announced today. 

"I have written to State and Territory Censorship Ministers advising them of my intention to raise the adequacy of current censorship laws at the next ministerial meeting in July," Mr Ruddock said. 

"The Australian Government does not consider material which urges or advocates terrorist acts should be available for sale. 

"I will be asking my State and Territory colleagues to consider whether current laws strike the right balance between freedom of expression and community concerns about promotion of acts of violence. 

"Freedom of speech is a right all Australians would fiercely defend so it is important to consider these issues carefully," he said. 

Mr Ruddock also has referred eight publications and one film to the Classification Review Board in response to community concerns about the dissemination of material which promotes terrorism. 

The material, highlighted in media reports as the so-called "Books of Hate", had been referred to the Australian Federal Police which found there was insufficient evidence to pursue a prosecution. 

"This is an important issue and further consideration of the classification of this material is warranted," he said. The Classification Board classified the material in December 2005 and considered the material did not promote, incite or instruct in matters of violence or crime. 

Under the Classification (Publications, Films and Computer Games) Act 1995, the Attorney-General may apply to the Classification Review Board for a review of a decision of the Classification Board.

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Australian Government
Classification Review Board
9 June 2006 
MEDIA RELEASE 
Review announced for eight Islamic books and one film 

The Classification Review Board has received an application to review the classification for the books entitled Defence of the Muslim Lands, The Ideological Attack, The Criminal West, Join the Caravan, Jihad in the Qur’an and Sunnah, The Absent Obligation, Islam and Modern Man, and The Qur’anic Concept of War and the film entitled Jihad of Terrorism. 

All eight books were classified “Unrestricted”, and the film Jihad of Terrorism classified PG with consumer advice “Mild themes”, by the Classification Board on 23 December 2005. 

The review is in response to an application from the Attorney-General. Under the Commonwealth Classification (Publications, Films and Computer Games) Act 1995, the Attorney-General may make an application for a decision at any time. 

The full Board of the Classification Review Board will begin meeting to consider these items from Monday 19 June 2006. In determining the classification of this material, the Review Board will ensure that a range of viewpoints are considered. The original applicant, the Australian Federal Police, will be notified. 

The Classification Review Board’s decision and reasons for its decision will appear on the OFLC website once the review has been finalised. 

The Classification Review Board is an independent merits review body. Meeting in camera, it makes a fresh classification decision upon receipt of an application for review. The Classification Review Board decision takes the place of the original decision made by the Classification Board. 

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Ban hatred books Courier Mail 12.06.06

...civil libertarians say the proposed clampdown is an attack on free speech.

Mr Ruddock's push for tighter censorship laws follows raids by the Australian Federal Police on several bookstores at Lakemba and Auburn in Sydney.

But none of the books seized by the AFP, including titles endorsed by Osama bin Laden, were deemed by the Commonwealth Director of Public Prosecutions to have breached the Government's anti-terror laws.

Queensland Council for Civil Liberties vice-president Terry O'Gorman said Mr Ruddock was using the excuse of terrorism to engage in censorship.

"Those people wanting to put out hate books are best dealt with by letting people read their books and see it for the rubbish that much of it is," he said.

"Once you start banning, you create the fertile underground that comes with banning and martyrdom."

Queensland's Fair Trading Minister Margaret Keech said it was up to the Federal Government to change censorship laws if it thought the legislation needed to be strengthened.

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The NSWCCL made the following submission to the Review Board.

New South Wales Council for Civil Liberties
PO Box 201 GLEBE NSW 2037 
Ph: (02) 9660 7582 
Fax: (02) 9566 4162
email: office@nswccl.org.au
www.nswccl.org.au

19 June 2006 

Classification Review Board 
22 – 33 Mary Street 
Surry Hills 
Sydney 
NSW 2010 

Submission: New South Wales Council for Civil Liberties

Re: Islamic Literature – Application for Review of Classification from the Australian Attorney-General, the Hon Philip Ruddock MP 

“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.”— John Stuart Mill, On Liberty 

Introduction 

As one of the leading non-political, non-religious, and non-sectarian human rights organisations in Australia, the New South Wales Council for Civil Liberties (NSWCCL) objects to heightened censorship of material which is politically unpopular or even repulsive but not otherwise objectionable. 

For the past forty years the NSWCCL has monitored censorship in Australia and spoken out when paternalistic determinations threaten to prevent people in Australia from viewing material available in countries around the world. 

The NSWCCL believes that freedom of expression (and freedom of political communication in particular) is fundamental to the functioning of a successful democratic society and an Australian ideal upheld by both tradition and law. A citizenry well-informed by a range of competing ideas and a variety of information will always be better equipped to deal with challenges posed by people who oppose Australia’s liberal democratic tradition. Trying to fruitlessly repress access to political opinions, however disturbing they might be, not only limits the right of people in Australia to see and hear what citizens of democracies around the world may see and hear, but ultimately makes Australia less safe by keeping people uninformed as to what motivates others view different from our own. 

It is wrong and counterproductive to seek to suppress political views to which one is opposed by censoring them.

 In this case, the NSWCCL objects to classification based on a politically motivated rejection of the material. NSWCCL submits that censorship of this material will ultimately be counter-productive to the interests of those who oppose its content. 

We note that the time limitations imposed on the making of this submission permit only a summary written submission to be made. 

Freedom of Political Communication 

In the late 1990’s the High Court of Australia found and developed the implied constitutional freedom of political communication.¹ 

The High Court correctly determined that such a right was essential to representative government and that while it was not all encompassing it protected free and public political discussion. 

An attempt to censor the material in this case runs the risk that the attempt will be legally challenged, which would be counter-protective regardless of the result. The attempt would draw additional attention to the material and provide a platform for further promoting unpalatable political views. 

¹ See Australian Capital Television v Commonwealth [(1992) 177 CLR 106] and Nationwide News v Wills [(1992) 177 CLR 1] 

Maintaining an Independent Classification Review Board

The NSWCCL believes that it is important that the Classification Review Board not be seen as part of the political process or to making a politically motivated decision. 

A decision that is perceived by any section of the community to be politically motivated will have the counter-productive tendency to validate the censored material, at least in the view of that section of the community. 

Other Consideration of the Material 

The material in question has already been subject to intense government and media scrutiny, including decisions by the Commonwealth Director of Public Prosecutions and the Australian Federal Police that such material does not pose a security threat or violate the recent anti-terrorism laws. The DPP’s decision not to limit the dissemination of the material in question reflects the view that there is no nexus between the positions taken in the material and any threats to Australian society. Moreover, the AFP determined that the material in question is “descriptive, rather than inciting any type of violence.”² Descriptive literature and film, however unpopular politically, should not be examined with more heightened scrutiny than the Board would normally employ. 

² See Kelvin Bissett and Angela Kamper, “Muslim ‘Books of Hate’ Get OK.” The Daily Telegraph, 15 May, 2006. 

Restricting Access to Controversial Material has the Contrary Effect 

Restricting film and literature only serves to make such material more widely disseminated and potentially popular. In this instance, because the content of the material in question is inherently political, restricting the material will only send a message that the material is more significant than it otherwise might be. Moreover, given the ease with which information is disseminated over the internet, restricting access to political material is largely impossible. 

Ultimately, pushing material underground will only prevent open and honest discourse. Throughout the last century, open and honest discourse triggered by controversial films and literature have only served to strengthen the liberal Western tradition in the face of competing views from other societies. In short, the NSWCCL believes that the best way to confront politically sensitive material is free and public discussion, not through sensationalised second-hand accounts available through the media or over the internet. 

The Further Marginalization of the Islamic Community

The Classification Act 1995 instructs the board to consider “the persons or class of persons to or amongst whom it is published or is intended or likely to be published.”³ All of the material in question is directed at the already marginalised Islamic community. The NSWCCL believes that restricting perfectly lawful statements, including statements that glorify suicide bombers or offensive statements by Muslim leaders who are critical of the Western way of life, will further marginalise this community and have a chilling and contrary effect on freedom of expression within it. The NSWCCL believes that censuring the material in question will only prevent free and open discussion that can most effectively undermine politically unpopular views that seek to undermine the traditional liberal principles of Australian society. 

³ Classification (Publications, Films and Computer Games) Act 1995. 

Undermining Australia’s International Reputation 

The Board should avoid censoring material which relates to international political themes where that material has not been censored in other democratic countries. It is not obvious that the material poses any significantly greater threat in Australia compared to any of the other countries in the world where it is freely available. To do so would have the tendency to undermine Australia’s international reputation.

Conclusion 

While the material in question may be politically and socially controversial, as it does not present a threat to Australian society, it ultimately serves an educational purpose. The material provides people in Australia with insight into the views that underlie the current political climate and the motivations of those that oppose the liberal western tradition. Censoring such material, in addition to being realistically impossible, only increases the significance of the material and undermines the values that ultimately will best protect Australian society. 

Yours faithfully, 

Stephen Blanks

Secretary, NSW Council for Civil Liberties 

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Following the Review Board two titles written by Sheikh Abdullah Azzam were banned.

The remaining six books retained their 'Unrestricted' ratings.

The videotape, JIHAD OF TERRORISM also retained its PG (Mild Themes) rating.

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Australian Govenment
Classification Review Board
10 July 2006 
MEDIA RELEASE 
Classification Review Board determines 2 Islamic books are Refused Classification 

The full Board of the Classification Review Board has determined that, of the 8 Islamic books submitted for Review by the Australian Attorney-General, 2 are Refused Classification and 6 are classified Unrestricted. The film entitled Jihad or Terrorism is classified PG with the consumer advice ‘Mild themes’. 

The books classified Refused Classification are Defence of the Muslim Lands and Join the Caravan. Refused Classification (RC) means the books are immediately banned throughout Australia. They cannot be sold within or imported into the country. 

The books classified Unrestricted are The Ideological Attack, The Criminal West, Jihad in the Qur’an and Sunnah, The Absent Obligation, Islam and Modern Man: The Call of Islam to Modern Man Vol. II, and The Qur’anic Concept of War. There are no restrictions on publications classified Unrestricted. 

All decisions were unanimous with the exception of the Unrestricted decision for The Absent Obligation, which was a majority 5 to 2 decision. 

In the Review Board’s opinion Defence of the Muslim Lands warrants Refused Classification because it promotes and incites in matters of crime, specifically terrorism acts, including the plan, action and execution of martyrdom operations. The Review Board noted that the book was republished in English firstly in 1995 by Muslims seeking support for the Mujahadeen in Bosnia and then again in September 2002. The book is specific and explicit in its support for and encouragement of suicide bombing, including details for undertaking such crimes. 

The Review Board concluded that Join the Caravan is presented as a direct appeal to Muslims to engage in fighting, particularly in Afghanistan, but also in other theatres. Join the Caravan warrants Refused Classification because it has the objective purpose of promoting and inciting acts of terrorism against “disbelievers” and is a real and genuine call to specific action by Muslims to fight for Allah and engage in acts of violence. The first English translation was printed in 1996, following the conflict in Bosnia. According to the publishers due to popular demand and the book being sold out they decided to publish the copy that was submitted for review. It was reprinted in 2001. The publishers state that the original book was “the principal inspiration for thousands of Muslims from all over the World to go and fight in Afghanistan.” The publishers state that “the struggle must continue until Truth emerges distinct from Falsehood and the true Mujahudeen attain triumph and defeat the enemies of Islam who are trying to destroy the fruit of the Afghan Jihad.” 

Convenor of the Review Board, Ms Maureen Shelley said, “The Classification Review Board has taken the responsibility and importance of these decisions extremely seriously. In considering this material the Review Board has sought the opinions of a number of organisations so that a range of perspectives could be considered. These include the Mufti of Australia Sheik Taj Aldin Alhilali and the NSW Council for Civil Liberties. Further, the Review Board has considered current Australian terrorism legislation and its applicability to these matters. The Review Board is confident that every effort has been made to make a balanced decision under Australian Classification law.” 

The Classification Review Board’s reasons for this decision are located on the OFLC website on the page entitled Review Board Decisions. 

The review was undertaken in response to an application from the Attorney-General. Under the Commonwealth Classification (Publications, Films and Computer Games) Act 1995, the Attorney- General may make an application for a decision at any time. 

The Classification Review Board is an independent merits review body. Meeting in camera, it makes a fresh classification decision upon receipt of an application for review. The Classification Review Board decision takes the place of the original decision made by the Classification Board. 

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The Attorney-General
Phillip Ruddock
News Release - 128/2006 
11 July 2006 
ATTORNEY WELCOMES ‘BOOKS OF HATE’ DECISION

Attorney-General Philip Ruddock has welcomed the banning of two of the so-called ‘Books of Hate’ he referred to the Classification Review Board. 

The Review Board assessed eight publications and a film following the referral and has classified two of the books as RC (Refused Classification). They are Defence of the Muslim Lands and Join the Caravan. 

“There had been community concerns about the dissemination of material which promotes or advocates terrorism and this outcome indicates I made the right decision to refer the material to the Board,” Mr Ruddock said. “Freedom of expression is one of the underlying principles of Australian society, but it should not protect circulation of material that urges or advocates acts of terrorism against that society. 

“I would urge State and Territory Attorneys-General and Police to ensure that they enforce the laws available to them and keep offensive material of this nature off streets. “The New South Wales Premier had expressed concerns about these books and it is now up to him to ensure he follows through on this matter,” Mr Ruddock said. 

The Australian Government is already pushing for censorship laws to be reviewed to assess whether they deal adequately with material which urges or advocates terrorist acts. 

“I have written to State and Territory Censorship Ministers advising them of my intention to raise the adequacy of current censorship laws at the next ministerial meeting later this month,” Mr Ruddock said.

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Defence of the Muslim Lands
Review Board Report

Australian Government
Classification Review Board
19, 20 & 23 June 2006 and 3 & 5 July 2006 
23-33 MARY STREET SURRY HILLS, NSW 

MEMBERS: 
Ms Maureen Shelley (Convenor) 
The Hon Trevor Griffin (Deputy Convenor) 
Mr Rob Shilkin 
Mrs Kathryn Smith 
Mrs Gillian Groom 
Ms Ann Stark 
Mr Anthony Hetrih 

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock MP, not represented. 

INTERESTED PARTIES: NSW Council for Civil Liberties.

 BUSINESS: To review the Classification Board’s decision to classify the publication Defence of the Muslim Lands (the publication) ‘Unrestricted’ 

DECISION AND REASONS FOR DECISION 

1. Decision 

The Classification Review Board (the Review Board) in a unanimous decision classified the publication RC (Refused Classification). 

2. Legislative provisions 

The Classification (Publications, Film and Computer Games) Act 1995 (the Act) governs the classification of publications and the review of classification decisions. Section 9 of the Act provides that publications are to be classified in accordance with the National Classification Code (the Code) and the classification guidelines. 

Relevantly, the Code in paragraph 1(c) of the Table under the heading ‘Publications’ provides that: 

 1. Publications that 

(c) promote, incite or instruct in matters of crime or violence are to be classified ‘RC’. The Code also sets out various principles to which classification decisions should give effect, as far as possible. 

Section 11 of the Classification Act requires that the matters to be taken into account in making a decision on the classification of a film or publication include: 

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and 

(b) the literary, artistic or educational merit (if any) of the publication or film; and 

(c) the general character of the publication or film, including whether it is of a medical, legal or scientific character; and 

(d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published. Three essential principles underlie the 2005 Guidelines for the Classification of Publications (the Publication Guidelines), determined under s.12 of the Act: 

1. The importance of context; 

2. Assessing impact; and 

3. The six classifiable elements – themes, violence, sex, language, drug use and nudity. 

3. Procedure 

The Review Board convened on 19 and 20 June 2006 in response to the receipt of an application from the Attorney General, the Hon Philip Ruddock MP (the Applicant), dated 5 June 2006 and numbered L05/1452. 

The original application for classification of the publication was lodged by the Australian Federal Police on 15 December 2005 (application reference L05/1452). The Classification Board classified the publication (L05/1452) as ‘Unrestricted’ on 23 December 2005. 

At its meeting on 19 June 2006 seven members of the Review Board received an oral submission from Mr Drew Kovacs representing the New South Wales Council for Civil Liberties, provided in addition to their written submission. The Review Board determined it was not able to reach a decision without carefully reading the publication and considering all relevant matters. The Review Board then adjourned in order to do this. 

The Review Board further deliberated on the 20th and 23rd of June 2006 and on the 3rd of July 2006. The Review Board on 5 July 2006 met a final time to consider the substance of the application and, after careful consideration of all of the relevant issues, determined that the publication be classified ‘RC’ (Refused Classification). 

4. Evidence and other material taken into account 

In reaching its decision the Review Board had regard to the following: 

(i) The Applicant’s application for review; 

(ii) The NSW Council of Civil Liberties’ written and oral submissions; 

(iii) The Publication Defence of the Muslim Lands (L05/1452); (iv) The relevant provisions in the Act; 

(v) The relevant provisions in the Code, as amended in accordance with s.6 of the Act;

 (vi) The Classification Board’s report; and 

(vii) The 2005 Guidelines for the Classification of Publications. 

5. Synopsis 

Written in 1984 - as was the preface by Osama Bin Laden - four years after the invasion of Afghanistan by the USSR, the book is a “fatwa” (Islamic legal ruling) and a “call to arms” against the invasion, which was condemned at the time by much of the Western world including Australia, the UK and the US. 

The book was reprinted in English in August 1996 and again in September 2002, which was the edition submitted for review. The original translation was undertaken in 1996 by the Mujahadeen in Bosnia “with a view to encouraging the Englishspeaking Muslims to come to the assistance of their fellow Muslims there.” 

In addition to the original work by Sheikh Azzam, the September 2002 edition includes a dedication to Sheikh Azzam “who ignited the flame of Jihad in the 20th Century”, a publisher’s foreword, a biography of Abdullah Azzam, the addition of 150 footnotes giving explanations and additions to what was meant (in the eyes of the publishers) by the author, the scholars index outlining details of more than 50 scholars whose statements form the basis of the book, and a detailed glossary of Arabic or Islamic terms. 

The book is 114-pages and aims to clarify, through the use of classical sources of Islam, the concept and manner in which “Jihad” should be prosecuted. It justifies the concept of “Jihad” in the context of fighting the USSR as per the author’s words and with the addition of the publisher’s comments “to all similar situations facing the Muslims” today (as at September 2002). 

6. Findings on material questions of fact 

Classifiable elements 

Having determined that the book promotes and incites crime, specifically, the crime of terrorism, the Review Board did not consider it necessary to consider the impact of the classifiable elements of violence, themes, nudity, coarse language, sex or drug use. The facts and reasons for the determination in regard to promotion and incitement of terrorism are outlined below. 

Promotes, incites or instructs in matters of crime 

This is a book by Sheikh Abdullah Azzam. Azzam is often known as the “Godfather of Jihad” and is known as a mentor to Osama Bin Laden. The book states at page xv that when Sheikh Azzam realised that only by means of an organised force would the Ummah (the Muslim believers) ever be able to gain victory, then Jihad and the gun became his pre-occupation and recreation. The Sheikh’s motto is stated to have been:

 “Jihad and the rifle alone. No negotiations, No conferences and No dialogue”. 

The book contains an endorsement by Osama Bin Laden stating:

 “Sheikh Abdullah Azzam was not an individual, but an entire nation by himself. Muslim women have proven themselves incapable of giving birth to a man like him after he was killed”. 

The book is dedicated to Sheikh Abdullah Azzam and the Mujihadin of Afghanistan "who ignited the flame of Jihad in the 20th Century...amongst them were those that joined the Caravan of Martyrs and amongst them are those that are still waiting..." 

The book notes specifically in the publisher's foreword that “this book was written at a time when the first Soviet-Afghan Jihad was well underway, and the context in some parts may be related to this. However, since the core issues dealt with in this book are based on the texts of classical scholars, the material is applicable to all similar situations facing Muslims”. 

The publisher, for the 2002 edition, prays “may He grant success and victory to all those who fight in His Way in all corners of the World”. 

The publication promotes and incites in matters of crime or violence, specifically terrorist acts and martyrdom operations. This is illustrated in pages 64 & 65 and includes the plan, the action and execution of these operations. Also the concluding paragraph of page 93 furthers this premise. 

While the document was written in 1984 and much of the content was regarding the Jihad in Afghanistan, this revised edition was published in 2002 with a publisher’s forward explaining how it is just as relevant today in Islamic conflicts all over the world. Additionally, there are “letters of agreement” by Islamic scholars who support the use of martyrdom operations as described in the document. 

There is also some level of instruction on how to go about martyrdom operations and their benefits on pages 64 & 65. This is not detailed, however, in the context of the document as a whole, and due to the tone of glorification and justification of these martyrdom operations, this has increased impact. 

The book also discusses the benefits of martyrdom and cost in some detail. The book is a call to arms. Its objective purpose, as outlined in the foreword by the publishers in September 2002, and intent is to exhort people to perform acts of terrorism. 

The main purpose of the document is to justify the use of, and glorify martyrdom operations. It also calls upon Muslims to become involved in this type of operation to 5 overcome the “disbelievers”. “Fighting for Islam” is held in the highest esteem as described in the quote on page xvi: “Standing for an hour in the ranks of battle waged for the Sake of Allah is better than standing in prayer for sixty years”. 

The publisher notes that: 
“there is not a land of Jihad in the world today, nor a Mujahadin fighting in Allah’s Way, who is not inspired by the life, teachings”

 of the author Abdullah Azzam. 

The book notes that there are two types of Jihad against the disbelievers: 

· offensive Jihad (where the enemy is attacked in his own territory - it is obligatory on Muslims to send an army "at least once a year to terrorise the enemies of Allah"). 

· defensive Jihad (a compulsory duty on all Muslims to expel the disbelievers "from our lands"). Jihad is stated to be the most important of all compulsory duties on Muslims. 

The book notes that it is a “sin” for Muslims to not advance towards “Afghanistan, Palestine, the Philippines, Kashmir, Lebanon, Chad, Eritrea etc.” 

The book specifically states that it is not necessary for persons who are to engage in Jihad to seek the permission of their parents or spouses. 

Appendix C is entitled The Islamic Ruling on Martyrdom Operations. The description of martyrdom operations is specific. It states that 
“the form that (martyrdom or self-sacrifice operations) usually takes nowadays is to wire up ones body, or a vehicle or suitcase with explosives, and enter into amongst a conglomeration of the enemy, or in their vital facilities, and to detonate in an appropriate place there in order to cause the maximum losses in the enemy ranks, taking advantage of the element of surprise and penetration...another technique is for an armed mujahid to break into the enemy barracks or area of conglomeration and fire at them at close range, without having prepared any plan of escape, not having considered escape a possibility. . . 

As for the effects of these operations on the enemy, we have found, through the course of our experience that there is no other technique which strikes as much terror into their hearts, and which shatters their spirit as much. 

On account of this they refrain from mixing with the population, and from oppressing, harassing and looting them. They have also become occupied with trying to expose such operations before they occur which has distracted them from other things. Praise is to Allah

. ...On the material level, these operations inflict the heaviest losses on the enemy, and are lowest in cost to us. The cost of equipment is negligible in comparison to the assault; in fact the explosives and vehicles were captured as war-booty such that we return them to the Russians in our special way." 

The publication notes the practical success and benefit to Islam of martyrdom operations in Chechnya, Afghanistan and “Palestine”.

 This Appendix contains 24 pages of Koranic and Islamic analysis supporting the argument that such operations are legal. The conclusion to the Appendix is: 

“that martyrdom operations are permissible, and in fact the mujahid who is killed in them is better than one who is fighting in the ranks, for there are great oceans even among martyrs, corresponding to their role, action, effort and risk undertaken.”

Promotion, Incitement or Instruction in Matters of Crime and Violence 

The Review Board considered that the book: 

· was specific and explicit in its support for and encouragement of suicide bombing; 

· contained details about how to undertake suicide bombing, explained techniques for undertaking such crimes and outlined the political and psychological benefits and distress caused to the enemy caused by such attacks; 

· was written in an emotively and passionate manner with the purpose of being a real and genuine call to specific action by Muslims. The book was written as an impassioned plea to Muslims to fight for Allah and engage in acts of violence; 

· was republished in 2002 to specifically refer to "all situations confronting Muslims around the world" which gave the book a contemporary relevance and context; 

· was written by a well-known Jihadi who had engaged in acts of terrorism and who had ties to the Taliban, Osama Bin Laden and associates; 

· had the objective purpose of promoting and inciting acts of terrorism against disbelievers, and suicide bombings, either in non-Muslim lands or in occupied Muslim lands. 

French J in Brown v Classification Review Board noted that the term “promote, incite or instruct” is a “collocation of overlapping meanings”. This decision was in the context of an interpretation of the term "instruct". Nevertheless, insofar as this “collocation of overlapping meanings” applies to the interpretation of the term “promotes or incites” the Review Board concluded that the publication contained elements of specific instruction, referred to above, about how to undertake suicide bombing attacks. 

7. Reasons for the decision 

The Review Board considered: 

· the general principle that adults should be able to read what they want, but also the community's concerns about material that promoted terrorism and other criminal activities;

 · that the publication, being written by a prominent Islamic terrorist, may appeal to some disenfranchised segments of the community and that the book was designed to encourage such people to take up arms and commit specific crimes against non-believers, in the cause of Islam; 

· that the book, written by an extreme Jihadi, presented a one-sided and extreme interpretation of Islam and it did not have any discernible educational or literary merit. Even after considering the need to undertake a conservative interpretation of the Code, the Review Board unanimously concluded that the publication promoted and incited in matters of crime and violence. Having considered this, the Review Board did not consider it necessary to consider the impact of the classifiable elements (violence, themes, nudity, coarse language, sex or drug use). 

The Review Board unanimously concluded that the publication should be Refused Classification. 

Note: The Review Board had regard to section 101.1 of the Commonwealth Criminal Code which provides that "a person commits an offence if the person engages in a terrorist act". This is punishable by imprisonment for life and is a crime. Under section 15.4, the offence applies whether or not the conduct constituting the alleged offence occurs in Australia. 

A "terrorist act" is defined under the Code to include an action done:

 · "with the intention of advancing a political, religious or ideological cause"; and 

· "with the intention of coercing, or influencing by intimidation, the Government of the Commonwealth or a State or Territory or foreign country or of part of a State, Territory or foreign country; or intimidating the public or a section of the public"; and 

· which causes serious harm to a person, serious damage to property, death, or endangers a person's life. The Review Board also noted that each State referred power to the Commonwealth to legislate against terrorist acts. For example, New South Wales passed the Terrorism (Commonwealth Powers) Act 2002 “to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth”. The other States passed equivalent legislation. 

Also, the Review Board noted that the provisions apply in the Territories because the Commonwealth can make laws for the Territories under section 122 of the Constitution. The Review Board was satisfied that the objective purpose of Defence of the Muslim lands was to promote and incite actions of precisely this type.

8. Summary 

The classifiable elements and the impact in the overall context of the book warrant a refused classification (RC). The publication was refused classification in accordance with the National Classification Code as it was found to “promote, incite or instruct in matters of crime or violence.” The decision of the Review Board was unanimous.

***

Join the Caravan
Review Board Report

Australian Government
Classification Review Board
19, 20 & 23 June 2006 and 3 & 5 July 2006 
23-33 MARY STREET SURRY HILLS, NSW 

MEMBERS: 
Ms Maureen Shelley (Convenor) 
The Hon Trevor Griffin (Deputy Convenor) 
Mr Rob Shilkin 
Mrs Kathryn Smith 
Mrs Gillian Groom 
Ms Ann Stark 
Mr Anthony Hetrih 

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock MP, not represented. 

INTERESTED PARTIES: NSW Council for Civil Liberties.

 BUSINESS: To review the Classification Board’s decision to classify the publication Join the Caravan (the publication) ‘Unrestricted’ 

DECISION AND REASONS FOR DECISION 

1. Decision 

The Classification Review Board (the Review Board) in a unanimous decision classified the publication Join the Caravan ‘RC’ (Refused Classification).

2. Legislative provisions 

The Classification (Publications, Film and Computer Games) Act 1995 (the Act) governs the classification of publications and the review of classification decisions. Section 9 of the Act provides that publications are to be classified in accordance with the National Classification Code (the Code) and the classification guidelines. 

Relevantly, the Code in paragraph 1(c) of the Table under the heading ‘Publications’ provides that: 

 1. Publications that 

(c) promote, incite or instruct in matters of crime or violence are to be classified ‘RC’. The Code also sets out various principles to which classification decisions should give effect, as far as possible. 

Section 11 of the Classification Act requires that the matters to be taken into account in making a decision on the classification of a film or publication include: 

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and 

(b) the literary, artistic or educational merit (if any) of the publication or film; and 

(c) the general character of the publication or film, including whether it is of a medical, legal or scientific character; and 

(d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published. Three essential principles underlie the 2005 Guidelines for the Classification of Publications (the Publication Guidelines), determined under s.12 of the Act: 

1. The importance of context; 

2. Assessing impact; and 

3. The six classifiable elements – themes, violence, sex, language, drug use and nudity. 

3. Procedure 

The Review Board convened on 19 June 2006 in response to an application dated 5 June 2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant). 

The original application for classification of the publication was lodged by the Australian Federal Police on 15 December 2005 (application reference L05/1454). The Classification Board classified the publication as Unrestricted on 23 December 2005. 

At its meeting on 19 June 2006 seven members of the Review Board received oral and written submissions from Mr Drew Kovacs representing the New South Wales Council for Civil Liberties, and then adjourned to consider the substance of the application ‘in camera’. The Review Board continued to deliberate ‘in camera’ on 20 and 23 June 2006 but did not reach a decision. 

The Review Board then reconvened on 3 July 2006 for a final time and, after careful consideration of all of the relevant issues, determined that the publication be classified ‘RC’ (Refused Classification). 

4. Evidence and other material taken into account 

In reaching its decision the Review Board had regard to the following: 

(i) The Attorney General’s application for review; 

(ii) The NSW Council of Civil Liberties’ written and oral submissions; 3 

(iii) The Publication Join the Caravan (L05/1454); 

(iv) The relevant provisions in the Act; 

(v) The relevant provisions in the Code, as amended in accordance with s.6 of the Act; 

(vi) The Classification Board’s report; and 

(vii) The 2005 Guidelines for the Classification of Publications. 

5 Synopsis 

This 65-page publication examines the Islamic concept of “Jihad” largely as it relates to the conflict in Afghanistan in 1987. However, it was reprinted in 1996 and August 2001 with the addition of the publisher’s foreword, details on Abdullah Azzam and (possibly) Part Three: Clarifications about the issue of Jihad today (although this is unclear). 

The author refers to the preface of the first and second edition, part one, part two and the conclusion. In the publication before the Review Board, following the conclusion is part three, a glossary and quotations from Salahuddin Ayyubi (Saladin). 

6 Findings on material questions of fact 

Promotes, incites or instructs in matters of crime 

This is a book by Sheikh Abdullah Azzam. Azzam is often known as the “Godfather of Jihad” and is known as a mentor to Osama Bin Laden. The book states at page 9 that when Sheikh Azzam realised that only by means of an organised force would the Ummah (the Muslim believers) ever be able to gain victory, then Jihad and the gun became his pre-occupation and recreation. The Sheikh’s motto is stated to have been: 

“Jihad and the rifle alone. No negotiations, No conferences and No dialogue”.

The book contains an endorsement by Osama Bin Laden stating: “Sheikh Abdullah Azzam was not an individual, but an entire nation by himself. Muslim women have proven themselves incapable of giving birth to a man like him after he was killed”. 

It was republished in August 2001. The publisher’s foreword states: 

“this book was one of the principal inspirations for thousands of Muslims from all over the world to go and fight in Afghanistan to defend Muslim blood, property and honour. Azzam Publications published the first English edition in August 1996. Due to popular demand and the book being sold out, we decided to publish a second English edition. Although a part of the book focuses on Afghanistan, most of it is applicable to Jihad in general.” 

The book is written as an emotive and passionate appeal to Muslims undertaking Jihad. The book states: 

“we then are calling upon the Muslims and are urging them to proceed to fight, for many reasons...”

The book quotes from the Koran and various scholars as well as modern Mujahideen, outlining 16 religious and political reasons for Muslims to engage in violent Jihad. 

The book argues that Jihad is obligatory on every Muslim. Looking to the structure and nature of the book, the Review Board concluded that it is presented as a direct appeal to the Muslims to engage in fighting, particularly in Afghanistan, but also in other theatres. 

At page 18 the book records: “Two duties which we are trying to establish: the duty of Jihad (fighting) and the duty of arousing the believers”. 
Further, at page 19 it states: “We then are calling upon the Muslims and urging them to proceed to fight, for many reasons, at the head of which are the following: 
1. In order that the disbelievers do not dominate 
2. Due to the scarcity of men 3. 
Fear of the Hell-Fire
4. Fulfilling the duty of Jihad, and responding to the Call of the Lord 
5. Following in the footsteps of the Pious Predecessors 
6. Establishing a solid foundation as a base for Islam 
7. Protecting those who are oppressed in the land 
8. Hoping for Martyrdom and a High Station in Paradise” 

The book notes that “when an enemy enters an Islamic land or a land that was once part of the Islamic lands it is obligatory on the inhabitants of that place to go forth to face the enemy”. 

The book states that Jihad is obligatory in every place that the “disbelievers” have occupied. “It remains (obligatory) continuously until every piece of land that was once Islamic is regained”. 

The book contains at page 47 emotional language such as: 

“What is the matter with the mothers, that one of them does not send forward one of her sons in the path of Allah, that he might be a pride for her in this world and a treasure for her in the hereafter through his intercession? And what is the matter with the fathers that they do not urge one of their sons, so that he can grow up in the rearing ground of heroes, the land of men and the grounds of battle? . . . What is the matter with the imams, that they do not sincerely advise those who seek counsel from them regarding going out with blood and soul in the path of Allah? For how long will the believing youths be held back and restrained from Jihad? These youths, whose hearts are burning with a fire, spurting forth enthusiasm, and blazing with zeal that their pure blood may irrigate the earth of the Muslims. The one who forbids a young man from Jihad is no different from the one who forbids him from prayer and fasting.” 

The foreword specifically notes that the struggle in Afghanistan must continue until: 

“Truth emerges distinct from Falsehood and the true Mujahadeen obtain triumph and defeat the enemies of Islam who are trying to destroy the fruit of the Afghan Jihad”. 

The book was republished in 2001 and therefore has a contemporary relevance, especially as it refers to: 

“Ahmad Shah Masood who has allied with Russia, America, Iran and France in order to fight against the establishment of Sharia in Afghanistan”. 

The Review Board noted that Masood was the military leader of the anti-Taliban Northern Alliance and was assassinated in a suicide attack on September 9, 2001. 

The book contains a section entitled “Notes for those coming to Jihad”, which contains real-world details about the Afghani people, and other practical details that Jihadis who come to Afghanistan to fight should know about. 

The book also contains some instruction about how to prepare for jihad - it notes that every Muslim should reduce his spending and be frugal with his earnings in order to put money aside to support his wife and children, in order to be able to leave them to go out to Jihad. 

The book specifically notes that the following people are excused from going to Jihad: 
· somebody who is unable, after much effort, to obtain a visa to come to Pakistan; 
· somebody whose government denied him a passport or prevented him from leaving from the airport. 

The book notes that people coming to Jihad should check with Islamic centres or with well-wishers in order to ensure that provision is taken of his family. 

The book contains details of the type of interrogation that a Jihadi may expect upon return to his homeland and notes that fear of such interrogation is not an excuse to prevent a person from undertaking Jihad. 

At page 48 there is active encouragement for Muslim believers to participate in Jihad: “Oh brothers of Islam! Come, therefore, to the defence of your religion . . . Draw your sword”. 

Promote, Incite or Instruct in Matters of Crime or Violence 

The Review Board considered that the book: 

· was, in its own words” 

“one of the principal inspirations for thousands of Muslims from all over the world to go and fight in Afghanistan to defend Muslim blood, property and honour”, 

This, the Review Board considered provided some evidence about the book’s objective purpose. 

 · was specific and explicit in its support for and encouragement of fighting against non-believers, specifically in Afghanistan; 

· contains instruction about how to prepare for, and matters to note about, Jihad in Afghanistan; 

· is written in an emotive and passionate manner with the purpose of being a real and genuine call to specific action by Muslims. The book was written as an impassioned plea to Muslims to fight for Allah and engage in acts of violence, specifically in Afghanistan but also elsewhere; 

· was republished in 2001 to specifically refer to “Jihad in general”, which gives the book a contemporary relevance and context; 

· is written by a well-known Jihadi who had engaged in acts of terrorism and who had ties to the Taliban, and was a mentor to Osama Bin Laden and his associates; 

· has the objective purpose of promoting and inciting acts of terrorism against “disbelievers”, and in particular in Afghanistan.

 Having determined unanimously that the book promoted and incited the crime of terrorism, the Review Board did not consider it necessary to consider the impact of the classifiable elements of violence, themes, nudity, coarse language, sex or drug use. 

7 Reasons for the decision 

French J in Brown v Classification Review Board noted that the term “promote, incite or instruct” is a “collocation of overlapping meanings”. This decision was in the context of an interpretation of the term “instruct”. Nevertheless, insofar as this “collocation of overlapping meanings” applies to the interpretation of the term “promotes or incites” the Review Board concluded that the publication contains some elements of specific instruction, referred to above, about what preparations to make and precautions to take when coming to Afghanistan for Jihad. 

The Review Board considered: 

· the general principle that adults should be able to read what they want, but also the community’s concerns about material that promoted terrorism and other criminal activities; 

· that the publication, being written by a prominent Islamic terrorist, may appeal to some disenfranchised segments of the community and that the book was designed to encourage such people to take up arms and commit specific crimes against non-believers, in the cause of Islam; 

· that the book, written by an extreme Jihadi, presented a one-sided and extreme interpretation of Islam and it did not have any discernible educational or literary merit. 

Even after considering the need to undertake a conservative interpretation of the Code, the Review Board unanimously concluded that the publication promoted and incited in matters of crime and violence. 
The Review Board unanimously concluded that the publication should be Refused Classification. 

Note: The Review Board had regard to section 101.1 of the Commonwealth Criminal Code which provides that “a person commits an offence if the person engages in a terrorist act”. This is punishable by imprisonment for life and is a crime. Under section 15.4, the offence applies whether or not the conduct constituting the alleged offence occurs in Australia. Fighting for the Taliban in Afghanistan against the Government of that country, as well as being an act of violence, is also a crime under the Criminal Code. 

A “terrorist act” is defined under the Code to include an action done: 

·“with the intention of advancing a political, religious or ideological cause”; and 

· “with the intention of coercing, or influencing by intimidation, the Government of the Commonwealth or a State or Territory or foreign country or of part of a State, Territory or foreign country; or intimidating the public or a section of the public”; and 

· which causes serious harm to a person, serious damage to property, death, or endangers a person's life. 

The Review Board also noted that each State referred power to the Commonwealth to legislate against terrorist acts. For example, New South Wales passed the Terrorism (Commonwealth Powers) Act 2002 “to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth”. The other States passed equivalent legislation. 

Also, the Review Board noted that the provisions apply in the Territories because the Commonwealth can make laws for the Territories under section 122 of the Constitution. 

The Review Board was satisfied that the objective purpose of Join the Caravan lands was to promote and incite actions of precisely this type.

8 Summary 

The cumulative impact of the book draws the reader to the conclusion that Jihad is an obligation of Muslims. It takes the reader down a narrow path with the conclusion being that it is obligatory to go out and commit the crime of terrorism, particularly suicide bombing and other operations where death to the perpetrator is the likely outcome. On this basis, the publication is refused classification. The decision of the Review Board was unanimous.

***

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