The definition and identification of national security under Maltese law

Abstract

National security is a doubleedged sword. It involves a giveandtake scenario the State is allowed to protect the wellbeing of its citizens which, in turn, may inevitably necessitate encroachment upon the territory of individual freedoms. Certain measures may be adopted which serve to address the more palpable vulnerabilities of a State. By way of example, Malta’s neutrality was effected in acknowledgement of the small size and strength of the country. Such a status is therefore grounded in an objective and fixed state of being. However, one cannot expect to anticipate the subjective potency of all threats, old and new, which a State may face. Indeed, terrorism and climate change have gained prevalence in the 21st century as topical aspects of national security, as evidenced by the ushering in of legislation, both on a national and international level, to address the same. National security is thus identified by its elusive content, the inability of any government to cater exhaustively for threats and countering measures. Countering such threats is a gargantuan task, one which necessitates the collective effort of the departments comprising the Ministry for Home Affairs and National Security. Therefore, the perception that the Security Service is the only legal body involved in national security is a misguided and erratic notion. Unfortunately, scant knowledge is provided regarding the functions and activities undertaken in the context of national security. With the European Union at the helm, such information has become more readily available through the enactment of national legislation upholding the right to information. Abuses of power may thus surface to the public domain through the safeguards of a democracy, legitimising the use of national security in a democratic State.