{"content":[{"text":"Legislative basis for listing a terrorist organisation","block":"

Division 102 of the Criminal Code Act 1995 (Cth) (the Criminal Code) provides that for an organisation to be listed as a terrorist organisation, the AFP Minister must be satisfied on reasonable grounds that the organisation:

is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
advocates the doing of a terrorist act.

For the purposes of listing a terrorist organisation under the Criminal Code, subsection 102.1(20) of the Criminal Code describes the doing of a terrorist act as including the doing of a specific terrorist act, the doing of more than one terrorist act, and the doing of a terrorist act, even if a terrorist act does not occur.

"},{"id":-1,"text":"Background to this listing","block":"

The Australian Government first listed AQIS as a terrorist organisation under the Criminal Code with effect from 29 November 2016. AQIS was re-listed on 29 November 2019 and 29 November 2022.

"},{"id":-1,"text":"Details of the organisation","block":"

AQIS is an al-Qa’ida-affiliated religiously motivated violent extremist organisation. It was established with the assistance of al-Qa'ida and shares the same anti-Western ideology. The then al-Qa'ida leader, Ayman al-Zawahiri, officially announced the existence of AQIS on 3 September 2014, and identified Pakistan-based Asim Umar as its leader.

Established with the purpose of advancing al-Qa’ida’s ideology and objectives in South Asia, the objectives of AQIS are the same as those previously articulated by al-Qa’ida – to prepare Muslims for military jihad against their enemies, to liberate Muslim lands now ruled by non-Muslims, and to revive the Islamic caliphate. In his 2014 announcement of the establishment of AQIS, al-Zawahiri identified Burma (Myanmar), Bangladesh, and India’s regions of Assam, Gurajat and Kashmir as regions where it would operate with the intention to fight the governments of Pakistan, Afghanistan, India and Bangladesh.

On 6 March 2016, the AQIS media branch, al-Sahad in the Indian Subcontinent, provided a link to the video ‘Al-Hadeed News Report’. The video outlined the objectives of AQIS as being to conduct attacks on:

the United States of America (US)
the Pakistani Military Intelligence and Security agencies
the Government of Pakistan
enemies of Islam
blasphemers, atheists and disbelievers.

The objectives were approved by the AQIS Central Shura following instructions from the then leader, al-Zawahiri.

Leadership

AQIS is currently led by Osama Mahmoud (variant Usamah Mahmood), who was formerly the AQIS spokesperson, and is reported to be a Pakistani national. Mahmoud’s appointment in 2019 replaced the founding leader, Asim Umar, who was killed in a joint US/Afghan military operation in Afghanistan in 2019.

AQIS leadership resides in the eastern and southern regions of Afghanistan, and North and South Waziristan, Pakistan.

Membership

AQIS membership was initially drawn from extremist groups in Pakistan, with most members being Pakistani nationals. In 2020, media reported AQIS had between 150 and 200 members in the South Asian region. Information made public following disruptions by Pakistani authorities in 2021 indicated AQIS had small media, financing and operational cells located in parts of Pakistan, including in Punjab and Sindh Provinces.

Recruitment and funding

AQIS recruits from among Muslim communities in South Asia through a combination of real-world and virtual methods. Publications such as the AQIS Nawa-i-Afghan magazine are key tools for promoting membership. For example, AQIS published an article in this magazine in December 2019 providing guidance for recruiting members to undertake jihad.

AQIS established a presence in India in 2015 with the intention of radicalising and recruiting Indian nationals. The leader of AQIS in India, Mohammad Asif, was arrested by Indian authorities in late 2015. Asif said that the recruits from India were transported to Afghanistan for training in weapons, tactics and religious studies. In June 2016, charges were filed against 17 alleged AQIS members in Delhi, India, for conspiracy, recruitment for a terrorist act, and membership of a terrorist organisation.

Links to other groups

AQIS has close links with al-Qa’ida core (al-Qa’ida is listed as a terrorist organisation under the Criminal Code), the Afghan Taliban and Tehrik-e-Taliban Pakistan. In October 2015, the former AQIS leader, Asim Umar, pledged allegiance to the then chief of the Afghan Taliban, Mullah Mansour, and AQIS members have been killed in Taliban-controlled territory (before the Taliban took control of Afghanistan) alongside Taliban members.

AQIS is also associated with Bangladesh-based extremist group Ansar al-Islam Bangladesh (AIB). AIB conducted eight killings of secularists and bloggers in Bangladesh between 2014 and 2016, and AQIS has claimed responsibility for each of these attacks.

"},{"id":-1,"text":"Terrorist activity","block":"

Directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act

AQIS members have historically conducted attacks against Pakistani military and security personnel. The attacks have ranged from targeted assassinations of senior military and intelligence officials to larger scale attacks using improvised explosive devices resulting in multiple deaths.

AQIS plots in Pakistan were regularly disrupted by Pakistani authorities throughout 2020 and 2021, and AQIS was also involved in fighting the former Afghan Government alongside the Afghan Taliban.

Recent reported plots or disruptions include:

9 November 2021: An AQIS member located near Chakwal City, Punjab Province, Pakistan was arrested in possession of large numbers of weapons including rocket-propelled grenades, rocket launchers, firearms, ammunition and ball bearings.
19 April 2020: Pakistani authorities arrested four AQIS members in Karachi, Sindh Province, Pakistan. Authorities seized weapons and explosives, which they claimed were intended for use by AQIS members in an act of terrorism targeting the Pakistani stock exchange, City Courts, Police Training Centre, or law enforcement agency offices.

Advocating the doing of terrorist acts

AQIS has publicly advocated the doing of terrorist attacks in order to further its objectives, including through online propaganda designed to radicalise and inspire susceptible individuals to undertake attacks. Public statements where AQIS has advocated terrorist attacks include:

7 June 2022: AQIS published an English and Urdu statement calling for attacks against the ‘Saffron terrorists’ (the Indian governing party), stating that ‘we shall bind explosives with our bodies and the bodies of our children to blow away the ranks of those who dare to dishonour our Prophet.’
18 November 2021: AQIS released a video through its As-Sahab Subcontinent media outlet calling for Muslims in India to ‘join the jihad in Kashmir’ and ‘actively participate in battles there.’

"},{"id":-1,"text":"Other considerations","block":"

Links to Australia and threats to Australian interests

There are no known links between AQIS and Australia.

Australian interests have not been successfully attacked by AQIS, however, the anti-Western ideology of the group and AQIS's willingness to undertake large scale, indiscriminate attacks may result in attacks against Australian interests.

AQIS specifically mentioned an Australian Navy vessel during the planning of the AQIS operation to take control of a Pakistani Navy Ship in 2014. AQIS noted that the Australian Navy was participating in the patrols of sea routes. Targeting of the Australian Navy vessel was abandoned in favour of easier targets.

Listings by likeminded countries or the United Nations

AQIS is listed as a proscribed terrorist organisation by the Governments of the US and Canada, and is included in the UK Government's listing of al-Qa'ida.

Engagement in peace or mediation processes

AQIS is not known to have engaged in any peace or mediation processes.

"},{"id":-1,"text":"Conclusion","block":"

On the basis of the information above, the Australian Government assesses that AQIS continues to be directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of terrorist acts and advocates the doing of terrorist acts, involving threats to human life and serious damage to property.

In the course of pursuing its objectives, AQIS is known to have committed or threatened actions that:

cause, or could cause, death, serious harm to persons, serious damage to property, endanger life (other than the life of the person taking the action), or create a serious risk to the health or safety of the public or a section of the public
are intended to have those effects
are done with the intention of advancing AQIS's political, religious or ideological causes
are done with the intention of intimidating, the government of one or more foreign countries
are done with the intention of intimidating the public or sections of the public.

"}]}

Al-Qa'ida in the Indian Subcontinent (AQIS)