Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law

Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for... The aim of this article is to explore British courts’ jurisprudence relating to the actions of those who have committed acts abroad which, in some circumstances, might be considered terrorism. It does this by identifying three different types of attacks: against civilians, against UN-mandated forces and against another State’s military forces. What emerges from this analysis is that British courts readily classified the first two forms of attack as terrorism while remaining flexible in respect of the third. The article draws on domestic law concerning terrorism and also that which relates to immigration and asylum claims. From this it is apparent the courts have used a complex patchwork of international and domestic law to distinguish between terrorism and ‘legitimate armed attacks’. This is significant because the discussion of the issues by the courts might be of assistance in clarifying and developing the distinction in international law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) Brill

Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-9740
eISSN
1871-9732
D.O.I.
10.1163/18719732-12341377
Publisher site
See Article on Publisher Site

Abstract

The aim of this article is to explore British courts’ jurisprudence relating to the actions of those who have committed acts abroad which, in some circumstances, might be considered terrorism. It does this by identifying three different types of attacks: against civilians, against UN-mandated forces and against another State’s military forces. What emerges from this analysis is that British courts readily classified the first two forms of attack as terrorism while remaining flexible in respect of the third. The article draws on domestic law concerning terrorism and also that which relates to immigration and asylum claims. From this it is apparent the courts have used a complex patchwork of international and domestic law to distinguish between terrorism and ‘legitimate armed attacks’. This is significant because the discussion of the issues by the courts might be of assistance in clarifying and developing the distinction in international law.

Journal

International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law)Brill

Published: Jul 5, 2018

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